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PUBLIC UTILITIES COMMISSION MEETING
May 2, 1997; 11:15 A.M.
Commission Office, Room CCR
Pierre, South Dakota
NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605- 773-3201 by 5:00 p.m. on Thursday, May 1, 1997.
NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.
AGENDA OF THE AD HOC COMMISSION MEETING
Transportation/Warehouse
The Commission licensed the above grain dealer and warehouse operator, Utica Grain and Feed, Inc. (Utica), on July 1, 1996, to conduct business as a grain warehouse and a grain dealer pursuant to SDCL Chapters 49-43 and 49-45. On April 4, 1997, Utica agreed to a voluntary relinquishment of its grain dealer license. The Commission performed an audit of Utica's records on April 8-9, 1997, as provided by law and ascertained the quantity and classes of grain. Utica has voluntarily relinquished its grain dealer's license and conducts its grain warehouse business under review of the Commission with the further provision that it no longer accepts grain for storage nor will it issue warehouse receipts. The Commission on its own motion issued an Order to Show Cause and Notice of Hearing on April 11, 1997, and conducted a hearing on this matter in Yankton, South Dakota, on April 16, 1997. The issue at the hearing was whether Utica had sufficient funds to satisfy all current outstanding grain payables, mee obligations as a grain warehouse, and that it is otherwise financially and managerially fit to continue operations as a grain warehouse and a grain dealer within South Dakota. During the hearing, Utica presented evidence indicating that it was working on a reorganization plan in conjunction with its primary lender. On April 25, 1997, the Commission received the transcript of the hearing.
TODAY, shall the Commission re-open the record to take additional evidence prior to issuing its final decision in this matter?
Telecommunications
1. TC94-122 IN THE MATTER OF THE SALE OF CERTAIN TELEPHONE EXCHANGES BY U S WEST COMMUNICATIONS, INC. TO CERTAIN TELECOMMUNICATIONS COMPANIES IN SOUTH DAKOTA. (Staff Attorney: Camron Hoseck.)
The Circuit Court of the State of South Dakota issued its order of remand on March 6, 1997, in this matter. On April 2, 1997, in response to the Circuit Court's decision and remand order, Staff counsel filed a Motion on Remand with the Commission to consider the remand on the record and to "set a procedural schedule for the submission of proposed findings of fact and conclusions of law by the parties consistent with the Circuit Court's decision and order." A regularly scheduled meeting of April 15, 1997, the Commission heard comments on the motion and took the matter under advisement.
TODAY, how shall the Commission proceed?
On November 20, 1996, the Commission received a filing from AT&T Communications of the Midwest, Inc. (AT&T) pursuant to 47 U.S.C. 252(b)(1) to arbitrate open issues related to its interconnection negotiations with U S WEST Communications, Inc. (U S WEST). U S WEST filed its response on December 16, 1996. On January 10, 1997, the Commission issued an Amended Procedural Schedule; Order for and Notice of Hearing. In the Amended Procedural Schedule, the Commission scheduled a prehearing conference for January 13, 1997. The prehearing conference was held as scheduled. On January 17, 1997, the Commission received a Joint Procedural Agreement submitted by U S WEST. By Order dated January 22, 1997, the Commission adopted the Joint Procedural Agreement. The hearing was held on February 3, 1997, through February 7, 1997. On February 26, 1997, AT&T and U S WEST each filed a Post-Hearing Brief and a matrix of unresolved issues. On March 5, 1997, each party filed a Re al Brief and Findings of Fact and Conclusions of Law. On March 20, 1997, the Commission issued its Findings of Fact and Conclusions of Law; Order and Notice of Entry of Order in this matter. On April 21, 1997, U S WEST and AT&T filed separate proposed interconnection agreements and AT&T filed a Motion for Reconsideration/Modification of Order with the Commission. A ad hoc meeting of April 28, 1997, the Commission heard comments from the parties and took the matter under advisement.
TODAY, how shall the Commission proceed?
On February 10, 1997, the Commission received an application from Dakota Cooperative Telecommunications, Inc. and its subsidiary companies, Dakota Telecom, Inc. and Dakota Telecommunications Systems, Inc. (collectively referred to as Dakota) requesting that the South Dakota Public Utilities Commission determine whether it objects to a waiver by the FCC of the definition of "Study Area" contained in Part 36 Appendix-Glossary of the FCC's rules to allow Dakota to expand its South Dakota study area boundaries to include the new local exchange facilities it is constructing in Viborg and Centerville. Dakota will provide service to consumers in the Centerville and Viborg exchanges through its subsidiaries, and has begun providing such services. Dakota's current study area completely surrounds the Viborg and Centerville exchanges. Dakota is building a new, state of the art switching facility in Viborg, which is centrally located with respect to Dakota's service area. If the Commission does not object to such a waiver by the FCC, Dakota requests that the PUC provide Dakota with a letter to that effect. The Commission granted interventions to the South Dakota Independent Telephone Coalition, Inc. and Fort Randall Telephone Company. An expedited briefing schedule was issued requiring the filing of all briefs on April 21, 1997.
TODAY, shall the Commission provide Dakota with a letter stating it does not object to Dakota's waiver request to the FCC?
William Bullard Jr.
Executive Director
May 1, 1997
