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South Dakota Public Utilities Commission Meeting
Wednesday, September 23, 1998; 8:30 A.M.
State Capitol Building, Room 464
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 September 22, 1998.

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 Meeting Held On September 10, 1998. (Staff: Shirleen Fugitt.)

1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)

The Commission has received 2523 consumer contacts during 1998. 138 contacts have been received since the September 10, 1998, Commission meeting.

TELECOMMUNICATIONS: 121 of the contacts involved telecommunication issues. 30 of the contacts concerned the unauthorized switching of long distance service; 16 contacts requested repair; 16 contacts wanted service; 8 billing issues were addressed; 6 contacts involved the unauthorized billing for services; 4 disconnection issues were handled; 4 contacts involved being assessed the wrong rate; 4 contacts reported that they couldn't get disconnected; 4 contacts reported poor service; 4 contacts reported deceptive telemarketers; and the remaining issues included 900 numbers, access fees, annoyance calls, cable cut, Caller ID, credit, deposit, directory listing, excess construction fees, high rates, Lifeline, Internet, pay phones, payment plans, redundancy, refunds, taxes, upgrades, and connections.

ELECTRICITY: 11 contacts involving electricity were reported. 4 contacts reported high bills, 3 contacts involved disconnections, 2 contacts reported poor service, and the remaining issues involved deposits and wrong rate.

NATURAL GAS: 6 contacts involving natural gas were reported. The issues addressed were disconnection, connection, fees, gas odor, high bill, and service.

A total of 1058 complaints have been resolved informally during 1998.

1. TC96-184 IN THE MATTER OF THE PETITION FOR ARBITRATION ON BEHALF OF AT&T COMMUNICATIONS OF THE MIDWEST INC. WITH U S WEST COMMUNICATIONS, INC. (General Counsel: Rolayne Wiest.)

On September 4, 1998, U S WEST Communications Inc., filed a supplemental brief in support of its proposed interconnection agreement language. Also on September 4, 1998, AT&T filed an emergency motion for implementation of previous Commission orders or of undisputed portions of the interconnection agreement. The companies are requesting a Commission ruling on the disputed issues and on the interconnection agreement

TODAY, how shall the Commission proceed on the motion?

AND

TC98-151 IN THE MATTER OF THE FILING BY AT&T COMMUNICATIONS OF THE MIDWEST, INC., FOR APPROVAL OF AT&T DIGITAL LINK SERVICE. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

On September 4, 1998, AT&T filed to introduce AT&T Digital Link Service in its Local Exchange Service tariff for business customers. AT&T Digital Link Service permits local calling capability from a customer's premise utilizing Direct Outward Dialing over dedicated digital facilities. This tariff is filed with an effective date of October 5, 1998. An intervention deadline of September 21, 1998, was established.

TODAY, shall the Commission grant interventions to any parties who timely file? And, how shall the Commission proceed?

2. TC98-108 IN THE MATTER OF THE APPLICATION OF ICG TELECOM GROUP, INC., FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

On May 28, 1998, the Commission received an application by ICG Telecom Group, Inc. for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "ICG proposes to provide resold intrastate interexchange telecommunications services, including direct dialed ("1+") outbound/inbound message telecommunications services, operator services, and postpaid calling card services, to and from all points within the state of South Dakota."

TODAY, shall the Commission grant a Certificate Of Authority to ICG Telecom Group, Inc.?

3. TC98-146 IN THE MATTER OF THE FILING BY GCC LICENSE CORPORATION FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

On August 25, 1998, GCC License Corporation, d/b/a Cellular One, filed a request with the Commission to designate it as an Eligible Telecommunications Company, as that term is used in 47 U.S.C. 214(e)(2), for all of the counties in South Dakota. DTG, SDITC and U S WEST Communications filed to intervene prior to the September 11, 1998, deadline.

TODAY, shall the Commission grant intervention to DTG, SDITC and U S WEST?

4. TC98-148 IN THE MATTER OF THE APPLICATION OF SIOUX FALLS CABLE TELEVISION FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

On August 27, 1998, Sioux Falls Cable Television filed an application for a Certificate of Authority to provide intrastate intraexchange telecommunications services in the state of South Dakota. Sioux Falls Cable Television proposes to initially offer voice messaging and data transmission services and thereafter an increasing variety of telecommunications services on an intraexchange basis only. Initially, services will be provided in Sioux Falls, Crooks, Renner and Mitchell. An intervention deadline of September 18, 1998, was established. Baltic Telecom Cooperative filed to intervene.

TODAY, shall the Commission grant intervention to Baltic Telecom Cooperative and any others who may file prior to the deadline? And, how shall the Commission proceed?

5. TC98-149 IN THE MATTER OF THE COMPLAINT FILED BY LOWN HOUSE RESTAURANT, SPEARFISH, SOUTH DAKOTA, AGAINST AT&T COMMUNICATIONS OF THE MIDWEST, INC., REGARDING CONSUMER SERVICE ISSUES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

On August 27, 1998, the Commission received a complaint by Lown House Restaurant against AT&T regarding consumer service issues. Complainant raises a variety of issues regarding service from AT&T. The complainant requests the following relief: "Reimburse the Lown House Restaurant and B&B for realistic business losses in the $8,000 to $9,000 range for which I am requesting payment from AT&T and FIRSTEL Communications."

TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon the Respondent?

1. The Commission is hosting the 5th Electric Reliability Symposium at the Holiday Inn City Centre, Sioux Falls, SD, September 21-22, 1998.
2. Rolayne Wiest will be attending a Regulatory Takings seminar in San Francisco, CA, September 24-25, 1998.
3. Commissioners Nelson and Schoenfelder will be attending Joint Board meetings in St. Petersburg, FL, September 25-28, 1998.
4. Bill Bullard will be attending an Executive Director's meeting in Minneapolis, MN, September 27- 29, 1998.
5. The Telecom Leadership Forum is scheduled for September 30-October 1, 1998, in Aberdeen, South Dakota.
6. Commissioners and Staff will be attending the ROC meeting October 4-6, 1998, in Denver, CO.
7. Commissioners and Staff will be attending the NARUC meetings in Orlando, FL, November 7- 12, 1998.
8. The next regularly scheduled Commission meeting will be held Thursday, October 15, 1998, at 1:30 p.m. in Room 412 of the State Capitol Building.

Sue Cichos
Deputy Executive Director
September 15, 1998