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South Dakota Public Utilities Commission
WEEKLY FILINGS
For the Period of June 12, 2003 through June 18, 2003

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 report. Phone: 605-773-3705

CONSUMER COMPLAINTS


CT03-010 In the Matter of the Complaint filed by Chris Nelson on behalf of Pharmco Industries, Inc., Platte, South Dakota, against S&S Communications/Alterna-Cell Regarding Loss of Long Distance Services.

Complainant purchased a 48 month prepaid long distance phone service contract from the respondent on 01/06/03, service was activated on 02/01/03 and due to a financial crisis on the part of the respondent, service was terminated on 06/03/03. Complainant seeks a full refund of payments made to the respondent and to have the Commission take steps to prevent consumers from being harmed by this type of activity in the future.

Staff Analyst: Jim Mehlhaff
Staff Attorney: Kelly Frazier
Date Docketed: 06/17/03
Intervention Deadline: N/A

ELECTRIC


EL03-021 In the Matter of the Filing for Approval of a Consent and Agreement for Electric Service in Assigned Territory of another Electric Supplier between NorthWestern Energy and Dakota Energy Cooperative, Inc.

On June 16, 2003, NorthWestern Energy and Dakota Energy Cooperative filed a joint petition requesting approval for the release of assigned territorial rights from Dakota Energy Cooperative to NorthWestern Energy. Dakota Energy consents to NorthWestern providing service up to a maximum of 5 kW to a camper site and seasonal cabin with a maximum of 676 square feet to be used by Larry Picek or subsequent occupant and located at the following described property: the East Half (E 1/2) of the South Half (S 1/2) of the North Half (N 1/2) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 24, Township 111N, Range 62W of the 5th Principal Meridian, Beadle County, South Dakota, except Lot H-2. The territory involved in this request is located along SD Highway 37 approximately one mile North of the City of Huron.

Staff Analyst: Michele Farris
Staff Attorney: Karen Cremer
Date Docketed: 06/16/03
Intervention Deadline: 07/07/03

EL03-022 In the Matter of the Application for a Master Metering Variance Request for the Western Mall, Sioux Falls, South Dakota.

On June 16, 2003, TSP filed with the Commission, on behalf of the owner of the Western Mall, a request for a master meter variance request . The Western Mall is currently served by a central physical plant, which is nearing the end of its useful life and needs to be upgraded. The physical plant is currently served with a single electric meter. The owner is proposing individual roof top units for each of the tenants. Therefore, they are requesting a variance, in accordance with ARSD 20:10:26, to allow the continued use of a single master meter.

Staff Analyst: Michele Farris
Staff Attorney: Karen Cremer
Date Docketed: 06/16/03
Intervention Deadline: 07/07/03

TELECOMMUNICATIONS


TC03-092 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and TW Wireless, L.L.C.

On June 12, 2003, the Commission received a filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation (Qwest) and TW Wireless, L.L.C. (TW Wireless). According to the parties, the Amendment is an ISP Bound Traffic Amendment to the Interconnection Agreement between Qwest and TW Wireless. This is an Amendment to the Type 2 Wireless Interconnection Agreement and is made in order to implement the requirements of the FCC Order on Remand and Report and Order in CC Docket No. 99-68 regarding intercarrier compensation for ISP bound traffic. The original agreement was approved by the Commission on February 11, 2000, in Docket No. TC99-123. 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 July 2, 2003. 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: 06/12/03
Initial Comments Due: 07/02/03

TC03-093 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and McLeodUSA Telecommunications Services, Inc.

One June 12, 2003, the Commission received a filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and McLeodUSA Telecommunications Services, Inc. The original agreement was approved by the Commission on July 23, 1999, in Docket No. TC99-057. The parties entered into an Amendment No. 1 and No. 2, which was approved on September 29, 2000, in Docket No. TC00-107. According to the parties, the bill and keep provisions of Amendment No. 2 terminated on December 31, 2002. The parties have continued to treat reciprocal compensation as bill and keep on a month-to-month basis since December 31, 2002. The parties wish to amend the Agreement by extending the terms and conditions contained in Amendment No. 2. 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 July 2, 2003. 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: 06/12/03
Initial Comments Due: 07/02/03

TC03-094 In the Matter of the Application of BAK Communications, LLC for a Certificate of Authority to Provide Local Exchange Services in South Dakota.

BAK Communications, LLC has filed an application for a Certificate of Authority to provide competitive local exchange services to residential customers in South Dakota using a combination of the resale platform and the unbundled network elements provided by the incumbent local exchange carriers.

Staff Analyst: Bonnie Bjork
Staff Attorney: Karen Cremer
Date Docketed: 06/12/03
Intervention Deadline: 07/07/03

TC03-095 In the Matter of the Filing by Qwest Corporation for Approval of Revisions to its Exchange and Network Services Tariff.

On June 13, 2003, Qwest Corporation filed a revision to its South Dakota Exchange and Network Services Tariff. These revisions increase the Federal Telephone Lifeline Plan Credit from $7.75 to $8.25.

Staff Analyst: Keith Senger
Staff Attorney: Kelly Frazier
Date Docketed: 06/13/03
Intervention Deadline: 07/07/03

TC03-096 In the Matter of the Filing for Approval of a Reciprocal Transport and Termination Agreement between PrairieWave Telecommunications, Inc. and WWC License L.L.C.

On June 18, 2003, the Commission received a Filing for Approval of a Reciprocal Transport and Termination Agreement between PrairieWave Telecommunications, Inc. and WWC License L.L.C. (WWC). According to the parties, if WWC elects to replace the existing form of indirect interconnection with a two-way or one-way direct connection, the parties agree to negotiate a separate interconnection agreement related to the provision and compensation for such facilities. 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 July 8, 2003. 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: 06/18/03
Initial Comments Due: 07/08/03

 

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