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South Dakota Public Utilities Commission
WEEKLY FILINGS
For the Period of April 14, 2005 through April 20, 2005
Copies of these items may be found on the PUC Web site at
CONSUMER COMPLAINTS
On April 14, 2005, Eldon Lindquist, representing Pierre Radio Paging & Telephone, filed a formal complaint against Qwest Corporation. Complainant claims that he has been seeking reimbursement for payments that according to an FCC decision were unlawfully collected from his company by the respondent. Complainant seeks to have the Public Utilities Commission help him resolve this matter by determining if the respondent made reasonable attempts to resolve this matter and reviewing the overcharges and helping to determine a fair settlement.
Staff Analyst: Keith Senger/Jim Mehlhaff
Staff Attorney: Sara Greff
Date Docketed: 04/14/05
Intervention Deadline: N/A
On April 14, 2005, Eldon Lindquist, representing Pierre Radio Paging & Telephone, filed a formal complaint against Venture Communications Cooperative, Inc. f/k/a Sully Buttes Telephone Cooperative, Inc. Complainant claims that he has been seeking reimbursement for payments that according to an FCC decision were unlawfully collected from his company by the respondent. Complainant seeks to have the Public Utilities Commission help him resolve this matter by determining if the respondent made reasonable attempts to resolve this matter and reviewing the overcharges and helping to determine a fair settlement.
Staff Analyst: Keith Senger/Jim Mehlhaff
Staff Attorney: Sara Greff
Date Docketed: 04/14/05
Intervention Deadline: N/A
CT05-005 In the Matter of the Complaints filed by Customers of S&S Communications.
As of April 21, 2005, 145 customer complaints are pending against S&S Communications (S&S) in Dockets CT03-010 - CT03-096; CT03-098 - CT03-130; CT03-132 - CT03-147; CT03-149 - CT03-153; CT03-156 - CT03-159 (Complaints). The Complaints all generally allege that complainants had contracted and pre-paid for long distance telephone service from S&S for multi-year terms extending beyond June 3, 2003, and that on or about June 3, 2003, S&S ceased providing the telephone service for which the complainants had pre-paid. On August 28, 2003, the Commission issued an order revoking S&S's certificate of authority. On April 15, 2005, Commission Staff filed a Motion to Consolidate and opened this docket for the purpose of consolidating the Complaints and any Complaints that might be subsequently filed. Staff's Motion to Consolidate alleges that all of the Complaints are against the same defendant(s) and share common issues of law and fact, that consolidation will promote both efficiency and fairness in resolving the Complaints and that consolidation will permit joinder of all complainants in any subsequently commenced action under SDCL 49-13-27.
Staff Analyst: Keith Senger
Staff Attorney: John Smith/Sara Greff (now Kara Van Bockern)
Date Docketed: 04/15/05
Intervention Deadline: N/A
TELECOMMUNICATIONS
On April 5, 2005, the Commission received a letter from Commission Staff asking that the Commission open a docket or conduct some other type of proceeding regarding the Lifeline and Link-Up programs. In its letter, Staff explained that the Federal Communications Commission (FCC) has revised its Lifeline and Line-up programs and added new eligibility requirements as well as certification and verification procedures. See In the Matter of Lifeline and Link-Up, WC Docket No. 03, 109, Report and Order and Further Notice of Proposed Rulemaking (rel. April 29, 2004). Based on these revisions, Staff believes it would be beneficial for the Commission to review how Eligible Telecommunications Carriers (ETCs) are implementing these new requirements. In addition, Staff believes that the Commission should review how ETCs are advertising the availability of these programs to their customers and whether the Commission could provide additional assistance in outreach efforts. The Commission voted to open this docket at its April 12, 2005 meeting.
As the first step in this process, the Commission requires that all ETCs in South Dakota submit to the Commission the following: 1) the ETC's lifeline and link-up forms and promotional material; 2) a description of how the ETC advertises lifeline and link-up, including the form of advertisement and how often it advertises; 3) how the ETC is implementing the new certification procedures; and 4) how the ETC is implementing the new verification procedures. This information is due on or before May 20, 2005.
Staff Attorneys: Rolayne Ailts Wiest/Sara Greff
Date Docketed: 04/15/05
Information Due: 05/20/05
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