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PUBLIC UTILITIES COMMISSION MEETING
June 3, 1997; 10:00 A.M.
State Capitol Building, Room 412
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 June 2, 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 COMMISSION MEETING
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On May 13, May 14, May 21 and May 28, 1997. (Staff: Shirleen Fugitt.)
Consumer Affairs1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Representative: Leni Healy.)
The Commission received 609 consumer contacts during 1997. 51 contacts were received since the May 13, 1997, Commission meeting.
TELECOMMUNICATIONS: 38 contacts involved telecommunication issues. 19 involved unauthorized switching of long distance carriers; 6 concerned billing issues; 2 involved deposits; and blocking, directory listing, disconnection, equal access, held order, nuisance calls, rates, reimbursement, repair, telemarketers, and "other" each had one contact.
ELECTRICITY: 9 complaints involving electricity were reported. 5 contacts involved disconnections; 2 concerned high bills; and account responsibility and encroachment each represented one contact.
NATURAL GAS: 4 complaints involving natural gas were reported. Disconnection, high bill, incorrect bill and "other" each represented one contact.
A total of 412 complaints were informally resolved during 1997.
Natural GasNorthern Border Pipeline Company (Northern Border) has received a permit dated April 13, 1981, to construct and operate Compressor Station Number 11 in Deuel County, South Dakota. Construction, expansion or improvement of this Compressor Station will occur more than four years after the issuance of the permit. Northern Border has on March 5, 1997, certified to the Public Utilities Commission (Commission) that construction of the Compressor Station will be in compliance with the terms and conditions of its permit. The Commission held a public meeting on Northern Border's proposal on May 19, 1997, in Clear Lake, South Dakota.
Today, shall the Commission accept Northern Border's certification and allow construction, expansion or improvement of Compressor Station Number 11 to proceed?
Telecommunications1. TC96-193 IN THE MATTER OF THE APPLICATION OF VENDORMATIC, INC. D/B/A/HSS VENDING DISTRIBUTORS FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)
On December 5, 1996, HSS Vending Distributors (Applicant) filed for a certificate of authority to operate as a telecommunications company within the state of South Dakota. The Applicant seeks to operate as a switch-based reseller of intraLATA and interLATA telecommunications services and to provide operator-assisted service. No companies have filed to intervene.
TODAY, shall the Commission grant HSS Vending a certificate of authority?
2. TC96-195 IN THE MATTER OF THE APPLICATION OF BRYMAR, INC. D/B/A GERLACH COMMUNICATIONS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)
On December 9, 1996, Brymar, Inc. (Applicant) filed for a certificate of authority to operate as a telecommunications company within the state of South Dakota. The Applicant will provide long distance service through MCI's Vnet system. The Applicant will also market prepaid calling cards. No companies have filed to intervene.
TODAY, shall the Commission grant Brymar, Inc. a certificate of authority?
On December 23, 1996, the Commission received a filing from U S WEST Communications, Inc. (U S WEST) for approval to introduce a new optional dialing capability for the completion of calls. Under the proposal, customers will be able to call a special 1-800 number to reach an interactive voice response platform. After reaching the platform, customers will be given the following options to bill their call: 1-800 U S WEST Calling Card, Third Number, or Collect. An effective date of January 15, 1997, has been requested by U S WEST. On December 26, 1996, the Commission electronically transmitted notice of the filing and the intervention deadline of January 10, 1997, to interested individuals and entities. The Commission granted intervention to TCIC Communications, Inc. (TCIC), MCI Telecommunications Corporation (MCI), and AT&T Communications of the Midwest, Inc. (AT&T). A hearing was held in this matter on April 15, 1997, to determine whether U S WEST's application to revise its Exchange and Network Services Catalog should be approved. Reply briefs were due at the Commission on May 14, 1997. On May 9, 1997, AT&T filed a motion to reopen the record for the purpose of admitting three additional exhibits. A May 28, 1997 meeting the Commission reopened the record.
TODAY, shall the Commission approve the new optional dialing capability requested by U S WEST?
On February 5, 1997, Tele-Tech, Inc. filed to amend its Certificate of Authority to provide local exchange services within the state of South Dakota. "Tele-Tech, Inc. intends to offer local exchange service on a resale or facilities basis, or a combination of both. The exact manner in which Tele-Tech, Inc. will provide these services in South Dakota depends upon the result of negotiations with the incumbent local exchange carriers. Tele-Tech, Inc. will not offer any local service in areas presently served by independent rural telecommunications companies, unless designated as an eligible telecommunications carrier pursuant to the Federal Act 214(e)(1) and 253(f), and then only upon approval by the Public Utility Commission of any required interconnection agreement as prescribed by 252 of the Act." The applicant has requested a waiver to ARSD 20:10:24:02 (6), (7), (9) and (12). No requests for intervention have been received.
TODAY, shall the Commission grant the requested waiver of Tele-Tech, and approve of the amended Certificate of Authority?
On March 25, 1997, Dakota Cooperative Telecommunications, Inc., Dakota Telecom, Inc. and Dakota Telecommunications Systems, Inc. (collectively, Dakota) filed a petition with the Commission "requesting that the Commission take the steps necessary to implement the Regulations relating to the Universal Service Fund which the Federal Communications Commission (FCC) must have ready by May 8, 1997. Specifically, Dakota is requesting that it be designated as an Eligible Telecommunications Company, as that term is used in 47 USC 214 (e) (1), for the following exchanges: Alsen (253), Beresford Rural (957), Chancellor (647), Davis (238), Flyger (327), Gayville (267), Hurley (238), Irene (263), Lennox (647), Monroe (297), Parker (297), Volin (267), Wakonda (267) and Worthing (372). Dakota offers services throughout these territories and will, once final rules are adopted by the FCC, continue to offer services that are supported by Federal universal service support mechanisms and as supplemented by State regulations under section 254 (f) of the Telecommunications Act, as amended. To provide these services in these exchanges, Dakota will use its own facilities. Dakota has previously, and will continue to advertise the availability of its services in media of general distribution. Prior to this filing, Dakota has not advertised its prices as part of its marketing, but makes those rates known upon inquiry. Dakota further requests that the Commission establish a "service area" as that term is defined in 47 USC 214 (e) (5) for Dakota. Due to the compact and contiguous nature of Dakota's traditional service area, Dakota requests that the Commission designate Dakota's present study area as its service area." On May 12, 1997, AT&T was granted intervention.
TODAY, how shall the Commission proceed?
On March 31, 1997, FirsTel and U S WEST Communications, Inc. jointly filed a negotiated service resale agreement with the Commission for its approval. Any person wishing to comment on the parties' request for approval had until April 21, 1997. Parties to the agreement had until May 12, 1997, to file written responses to the comments. Staff submitted its analysis and recommendation to the Commission on May 23, 1997.
TODAY, shall the Commission approve the negotiated agreement?
On April 10, 1997, CommChoice, LLC (Applicant) filed for a certificate of authority to provide telecommunications services in South Dakota. "CommChoice will provide telecommunications services including local exchange services, intraLATA services and interLATA services through a combination of reseller and facilities-based provisioning. The specific products and services are in part dependent upon resale agreements entered into with local exchange companies. CommChoice will enter into agreements with local exchange companies for the resale of telecommunications services. These services will be provided by the local exchange company in the same manner they have been provided in the past. Initially, telecommunications services will be offered to commercial and industrial businesses located in South Dakota cities served by U S WEST. As resale agreements with other local exchange companies are executed, CommChoice will expand its service territory to include additional cities. CommChoice requests a waiver from ARSD 20:10:24:02 (7),(8) and (12). The cost to provide local exchange service cannot be estimated until resale interconnection agreements between the parties have been reached and contracts executed. When the specific costs and contractual arrangements are known, rates and terms and conditions will be filed with the Commission, as required by the PUC." The South Dakota Independent Telephone Coalition, Inc. (SDITC) filed a petition to intervene in this docket but later withdrew its petition in a letter dated May 12, 1997.
TODAY, shall the Commission grant the waiver of ARSD 20:10:24:02 (7), (8) and (12) and, grant a certificate of authority to CommChoice?
On April 15, 1997, Tel-Save, Inc. filed for an amended Certificate of Authority to provide local exchange service in South Dakota. "Applicant is a reseller which intends to offer all local services provided by the incumbent LECs. Tel-Save seeks authority to resell local exchange services throughout the state of South Dakota in the areas served by any LECs in South Dakota that are not eligible for a small or rural carrier exemption pursuant to Section 251(f)(1) of the Federal Act. Tel-Save does not seek to provide resold services to customers in those small or rural territories at this time. Applicant will file a copy of its proposed tariff upon completion of negotiations for interconnection." The intervention deadline was May 2, 1997.
TODAY, shall the Commission grant an amended certificate of authority to Tel-Save, Inc.?
On April 17, 1997, Association Administrators, Inc. (AAI) filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "Applicant is a switchless reseller which intends to offer 1+ direct dialing, 800 toll free, and travel card (no prepaid calling cards) service through resale of telephone services provided by facilities-based interexchange carriers." The intervention deadline was May 2, 1997.
TODAY, shall the Commission grant a certificate of authority to AAI?
On April 25, 1997, Sprint Communications Company L.P. petitioned the Commission for arbitration of the unresolved issues in the interconnection negotiations between Sprint and U S WEST Communications. On May 19, 1997, Sprint filed a motion to withdraw with the Commission.
TODAY, shall the Commission grant Sprint's motion to withdraw?
On April 29, 1997, Easton Telecom Services, Inc. (Easton) filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "Applicant intends to provide local exchange service on a resale basis. The specific manner in which Applicant will provide local exchange service depends upon the result of negotiations with the incumbent local exchange carriers currently operating within the State." The intervention deadline was May 16, 1997.
TODAY, shall the Commission grant a certificate of authority to Easton?
On April 30, 1997, the Commission received a filing by U S WEST Communications, Inc. (U S WEST) that reflects the second phase of increases to the residential and business lines as agreed to in Docket TC94-121. The application states: "Specifically the changes are as follows: 1) Increases the residential rate by $2.10, with the exception of Rate Group I, which reached the price ceiling of $19.35. The $2.10 includes the $.60 agreed upon for the second portion of the Touchtone fold-in. 2) Increases the business lines and trunks by $.90 to reflect the second half of the Touchtone fold-in, to a price ceiling of $38.40 for the one-party flat business....[T]he monthly rate for the semi-public phones [is also increased] by $.90 to reflect the second portion of the Touchtone fold-in. U S WEST Communications is requesting an effective date of August 12, 1997." An intervention deadline of May 16, 1997, was established and MCI Telecommunications Corporation (MCI) and AT&T Communications of the Midwest, Inc. (AT&T) each filed timely petitions to intervene.
TODAY, shall the Commission grant intervention to MCI and/or AT&T?
A regularly scheduled meeting of April 15, 1997, the Commission considered the circumstance whereby certified long distance resellers are not required to obtain a Primary Interstate Carrier (PIC) number with which to identify them as a customer's long distance carrier. Commission Staff explained that they had fielded a number of concerns regarding the difficulties local exchange carriers and customers are experiencing when trying to identify a customer's long distance carrier. Commission Staff has also encountered difficulties when attempting to obtain such information. On May 2, 1997, the Commission on its own motion opened this docket to investigate the practice of long distance resellers operating within the state of South Dakota without an identifying PIC number. An intervention deadline of May 23, 1997, was established and the Telecommunications Resellers Association (TRA), the South Dakota Independent Telephone Coalition, Inc. (SDITC) and AT&T of the Midwest, Inc. (AT&T) each filed timely petitions to intervene.
TODAY, shall the Commission grant intervention to TRA, SDITC and/or AT&T?
Announcements1. The next regularly scheduled Commission meeting will be held Tuesday, June 24, 1997, at 10:00 a.m. in room 412 of the State Capitol.
William Bullard Jr.
Executive Director
May 28, 1997
PLEASE NOTE: There is an Addendum to this agenda.
