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South Dakota Public Utilities Commission

WEEKLY FILINGS
For the Period of December 13, 2001 through December 19, 2001

If you need a complete copy of a filing faxed, overnight expressed, or mailed to you, please contact Delaine Kolbo within five business days of this filing. Phone: 605-773-3705 Fax: 605-773-3809

CONSUMER COMPLAINTS


CT01-059 In the Matter of the Complaint filed by Donald R. Carstensen, Owanka, South Dakota, against Direct One Com.Long Distance Regarding Unauthorized Telecommunications Charges and Services.

Complainant alleges that he was billed on his credit card for unauthorized long distance services. The company has failed to provide him credits for the unauthorized charges. Complainant is requesting a complete refund of unauthorized charges in the amount of $240.26 and $500.00 for the inconvenience and for ignoring his requests to refund the charges for services that were not wanted nor rendered.

Staff Analyst: Charlene Lund
Staff Attorney: Kelly Frazier
Date Docketed: 12/13/01
Intervention Deadline: N/A

CT01-060 In the Matter of the Complaint filed by Don R. Larsen, Sisseton, South Dakota, against AT&T Communications of the Midwest, Inc. Regarding Delayed Services.

Complainant states that on October 27, 2001, he made arrangements to have his 800# transferred from his business in Canada to his business in South Dakota effective November 1, 2001. Complainant states that although this transfer did take place, it lasted for only a couple of days. Callers began receiving a recording stating that the number had been disconnected. Complainant made several calls to AT&T to correct the situation with no success. Finally on December 4, 2001, Complainant's 800# began working at his business. Because of the 800# not working, Complainant states that he has lost $75,000.00 in business. Complainant feels that AT&T knows that they are at fault as they did not send proper documentation to his provider in Canada to make the 800# switch. Complainant wants AT&T to make him a reasonable offer to offset the loss in business.

Staff Analyst: Mary Healy
Staff Attorney: Karen Creamer
Date Docketed: 12/19/01
Intervention Deadline: N/A

CT01-061 In the Matter of the Complaint filed by Todd Wagner, St. Lawrence, South Dakota, against AT&T Communications of the Midwest, Inc. Regarding Unauthorized Billing for Services.

Complainant states that since he began his service, that he has never authorized AT&T to bill him for any services. Complainant requests that the Public Utilities Commission review the complaint and advise him of his rights. Under South Dakota law 49-31-93, the company that initiates the unauthorized billing for products and services shall pay the consumer $1,000.00.

Staff Analyst: Mary Healy
Staff Attorney: Karen Cremer
Date Docketed: 12/19/01
Intervention Deadline: N/A

CT01-062 In the Matter of the Complaint filed by Stan Hoffman, Sioux Falls, South Dakota, against Direct One Com.Long Distance Regarding Unauthorized Billing for Services.

Complainant states that he did not authorized Direct One to bill him for any telecommunication services. Complainant has been informed that Direct One accessed his credit card after he purchased items from the Home Shopping Network. He states that a representative never spoke to him about any form of telecommunication services. Complainant requests Direct One pay him what he is allowed under South Dakota law for the unauthorized billing which is $1,000.00.

Staff Analyst: Mary Healy
Staff Attorney: Kelly Frazier
Date Docketed: 12/19/01
Intervention Deadline: N/A

TELECOMMUNICATIONS


TC01-193 In the Matter of the Application of NUI Telecom, Inc. for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota.

NUI Telecom (NUI) has filed an application for a Certificate of Authority to provide interexchange telecommunications services in South Dakota. NUI seeks authority to offer a full range of "1+" interexchange telecommunications services on a resale basis. Specifically, NUI seeks authority to provide MTS, in-WATS, out-WATS, and Calling Card services.

Staff Analyst: Heather Forney
Staff Attorney: Kelly Frazier
Date Docketed: 12/17/01
Intervention Deadline: 01/04/01

TC01-194 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Midcontinent Communications, Inc.

On December 17, 2001, the Commission received for approval a filing of an amendment to the UNE-C portion of the interconnection agreement between Midcontinent Communications (Midcontinent) and Qwest Corporation (Qwest). According to the parties the agreement is a negotiated agreement and is made in order to add the terms, conditions and rates for Unbundled Network Elements Combinations (UNE Combinations) to the Agreement, as set forth in Attachment 1 and Exhibits A, B and C attached to the Amendment. Any party wishing to comment on the agreement may do so by filing written comments with the Commission and the parties to the agreement no later than January 7, 2002. Parties to the agreement may file written responses to the comments no later than twenty days after the service of the initial comments.

Staff Attorney: Kelly Frazier
Date Docketed: 12/17/01
Initial Comments Due: 01/07/02

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