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South Dakota Public Utilities Commission Meeting
Wednesday, November 25, 1998; 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 November 24, 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 November 3, 1998. (Staff: Shirleen Fugitt.)
Consumer Affairs1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)
The Commission has received 2992 consumer contacts during 1998. 134 contacts have been received since the November 3, 1998, Commission meeting.
TELECOMMUNICATIONS: 117 of the contacts involved telecommunication issues. 36 contacts involved the unauthorized switching of long distance service; 19 contacts did not get promised long distance rates; 12 contacts concerned billing issues; 9 contacts involved delay in new service; 7 contacts dealt with the unauthorized billing for services; 7 contacts involved unethical telemarketers; 4 contacts involved high rates; 3 contacts involved service issues; 2 contacts involved 900 numbers; 2 contacts involved access codes; 2 contacts involved charges; 2 contacts involved disconnections; and the remaining issues involved call blocking, calling cards, cell phones, outages, and psychic lines.
ELECTRICITY: 14 contacts involving electricity were reported. 6 involved disconnections; 4 contacts involved outages; and the remaining issues involved repair, discrimination, billing and rates.
NATURAL GAS: 3 contacts involving natural gas were reported. 2 contacts involved billing issues and 1 contact involved a disconnection.
A total of 2357 complaints have been resolved informally during 1998.
TelecommunicationsOn September 4, 1998, U S WEST Communications, Inc. filed a supplemental brief in support of its proposed interconnection agreement language. AT&T also filed a brief regarding the disputed issues. 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. In addition, both companies are requesting a Commission ruling on the disputed issues. The Commission denied AT&T's motion and set a hearing for November 17-19, 1998. On October 20, 1998, AT&T filed a motion requesting expedited access to U S WEST's telecommunications facilities for local interconnection.
TODAY, shall the Commission grant AT&T's motion?
ANDOn 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. Intervention was granted to DTG, DTI and DCT and the Executive Director was directed to establish a procedural schedule at the September 23, 1998, meeting.
TODAY, how shall the Commission proceed?
On September 24, 1997, Sterling International Funding, Inc. filed for a Certificate of Authority to provide local exchange services in South Dakota. "Petitioner, Sterling International Funding, d/b/a ReconexTM is affiliated with Ameritel Corporation, a residential dial tone service provider which has been operating since 1992. As the leader in the prepaid dial tone industry, applicant and its affiliate, have provided high quality local exchange service to thousands of customers. Reconex is an alternative telephone company primarily furnishing prepaid local dial tone service to individuals who have had their telephone disconnected, have voluntarily left their local exchange provider, or for money management reasons prefer to address their local calling needs in a prepaid fashion at a set fee, which represents their bottom line cost. Applicant proposes to offer service in the area and exchanges currently being served by the existing incumbent local exchange carrier, U S WEST." A Certificate of Authority was approved on October 27, 1998, by the Commission.
TODAY, shall the Commission amend the Certificate of Authority of Sterling International Funding, Inc. d/b/a Reconex?
On March 30, 1998, the Commission received an application by Cable & Wireless Global Card Services, Inc. for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "Initially, C & W Card Services seeks to offer interexchange service through methods commonly known as prepaid telephone or debit card and postpaid telephone or travel card. Applicant, however, requests general authority to provide a full range of 1+ interexchange services including, inter alia, MTS, WATS, calling card, prepaid calling card and toll free service products."
TODAY, shall the Commission grant a Certificate of Authority to Cable & Wireless Global Card Services?
On April 29, 1998, Bridgewater-Canistota Independent Telephone Company filed its Switched Access Revenue Requirement. Bridgewater-Canistota Independent Telephone Company filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association (LECA). Bridgewater-Canistota Independent Telephone Company joined LECA on April 7, 1998. No parties have filed to intervene.
TODAY, what is the Commission's decision?
On April 30, 1998, Valley Telecom Cooperative Association and Valley Cable & Satellite Communications filed its Switched Access Revenue Requirement. Valley Telecom Cooperative Association and Valley Cable & Satellite Communications filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association (LECA). Valley Cable & Satellite Communications joined LECA on March 25, 1998. No parties have filed to intervene.
TODAY, what is the Commission's decision?
On April 30, 1998, Venture Communications, Inc. filed its Switched Access Revenue Requirement. Venture Communications, Inc. filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association (LECA). Venture Communications, Inc. joined LECA on April 17, 1998. No parties have filed to intervene.
TODAY, what is the Commission's decision?
On April 30, 1998, James Valley Cooperative Telephone Company and Accent Communications, Inc. filed its Switched Access Revenue Requirement. James Valley Cooperative Telephone Company and Accent Communications, Inc. filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association (LECA). Accent Communications, Inc. joined LECA on March 10, 1998. No parties have filed to intervene.
TODAY, what is the Commission's decision?
On May 27, 1998, Union Telephone Company filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association. No companies filed to intervene.
TODAY, what is the Commission's decision?
On May 27, 1998, Golden West Telecommunications Cooperative, Inc. filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association. No companies filed to intervene.
TODAY, what is the Commission's decision?
On June 4, 1998, Dakota Telecom, Inc. filed a proposal requesting that the Commission designate it as an Eligible Telecommunications Carrier, as that term is used in 47 USC 214(e)(1), for the following South Dakota exchanges: Centerville (552) and Viborg (766). Fort Randall Telephone Company is currently designated as an Eligible Telecommunications Carrier in the Centerville and Viborg exchanges. Interventions have been received from Fort Randall Telephone Company and SDITC. A hearing in this matter was held on September 14, 1998.
TODAY, what is the Commission's decision?
On June 8, 1998, U S WEST Communications filed for approval by the Commission the negotiated Interconnection Agreement Between U S WEST Communications, Inc. and Dakota Services, Ltd.
TODAY, shall the Commission approve the interconnection agreement?
12. TC98-135 IN THE MATTER OF THE APPLICATION OF LOGIX COMMUNICATIONS CORP. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)
On July 23, 1998, the Commission received an application by Logix Communications Corporation f/k/a Dobson Wireless, Inc. for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. Logix proposes to provide "Long Distance Service, 800/888 (Inbound) Long Distance Service, Travel Calling Card Service, Prepaid Calling Card, and Operator Services."
TODAY, shall the Commission grant a Certificate of Authority to Logix Communications Corp.?
On July 24, 1998, Brent and Dawn Barton, Mina, SD, filed a complaint against U S WEST Communications, Inc. regarding updating lines. "We have lived in this area for 14 years and had problems for several years...we don't have a phone for 2-3 days at a time. ...when the phone is working, there's so much static you can't hear the person talking." The complainant requested the following relief: "U S WEST needs to put in new phone lines. Also, to be compensated for the many years of problems with our phone lines, by the phone company." The Commission found probable cause and deferred action until October 31, 1998.
TODAY, staff has an update. And, if the work is complete, shall the Commission close the docket?
On August 13, 1998, the Commission received an application by RSL COM PrimeCall, Inc. for a Certificate of Authority to "provide resold interexchange telecommunications services in the State of South Dakota" as a prepaid calling card service. "RSL COM PrimeCall proposes to provide InterLATA and IntraLATA service within the geographic borders of the State of South Dakota."
TODAY, shall the Commission grant a Certificate of Authority to RSL COM PrimeCall, Inc.?
On August 27, 1998, the Commission received an application by FIBERCOMM, L.C. for a Certificate of Authority to provide local exchange service, intrastate and interstate long distance interexchange telecommunications services in the state of South Dakota. FIBERCOMM, L.C. proposes to provide Internet access, resold wireless services, and other enhanced services within U S WEST exchanges in the state of South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to FIBERCOMM, L.C.?
On September 14, 1998, the Commission received a petition by East Plains Telecom, Inc. for an extension of the waiver of the switched access rules granted in TC96-125. East Plains requests that it be allowed to continue charging a seven cent switched access rate in the two exchanges it purchased from U S WEST Communications until the Commission approves a new rate, based on a cost study using calendar year 1998 data. East Plains did not acquire the Alcester and Hudson exchanges until June 1, 1997, and it does not have 12 months of actual operations and traffic information for these two exchanges.
TODAY, shall the Commission grant the extension of waiver to East Plains Telecom, Inc.?
On September 15, 1998, the Commission received an application by New Concept Communications, LLC for a Certificate of Authority to provide resold interexchange telecommunications services in South Dakota including intrastate long distance, travel and debit cards, and directory assistance.
TODAY, shall the Commission grant a Certificate of Authority to New Concept Communications, LLC?
On September 11, 1998, the Commission received a complaint from Dale and Rene Larson against U S WEST Communications regarding disconnection. Complainants allege that on August 22, 1998, their telephone number was disconnected and someone else's number was ringing into their line. The business line had been disconnected several days before the problem was discovered. The Complainants requested a repair of their service. At the time the Complainants filed the complaint, the service had not been repaired. The Complainants are requesting $1500 from U S WEST for lost business and damages. A October 20, 1998, Commission meeting the Commission found probable cause of an unlawful or unreasonable act, rate, practice or omission.
TODAY, staff has an update. If the matter is resolved, shall the Commission close the docket?
On October 23, 1998, the Commission received an interconnection agreement between U S WEST Communications, Inc. and FiberComm, L.C.
TODAY, shall the Commission approve the interconnection agreement?
On October 1, 1998, the Commission received a complaint by Donna Beitelspacher against Buyers United. The Complainant claims that she was billed by ITC and Buyers United for the same calls. The Complainant states "more than once, I discussed this by phone with representatives of Buyers United. Several months ago, I received a billing from a collection agency. I responded telling them that I had evidence that the calls had been paid through ITC." The Complainant seeks the following relief: "I would ask that the PUC determine which company had the rightful claim to the payments, and that all collection claims be ended. I further would ask that records of this be removed from my credit record. Also, I do not feel that I should be assessed attorney/collection costs."
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?
On October 19, 1998, the Commission received a complaint by Suzanne Hanson against CommChoice, LLC. The Complainant claims that confusion and poor service have lead her to file a complaint. The Complainant seeks the following relief: "We would like the approval of the PUC to allow U S WEST to bring service into the Deer Run Subdivision in McCook Lake, SD. Due to the nature of our businesses (general sales) it is imperative we have a dependable, quality oriented telephone service."
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?
On October 28, 1998, the Commission received an application by Special Accounts Billing Group, Inc. for a certificate of authority to provide a full-range of resold 1+ interexchange telecommunications services in South Dakota. The services to be provided include MTS, out-WATS, in-WATS, and Calling Card services.
TODAY, shall the Commission grant a Certificate of Authority to Special Accounts Billing Group, Inc.?
On October 27, 1998, the Commission received a complaint by Greg and Marilyn Bolt against McLeod USA. The Complainant claims that a delay in transfer of telephone service caused loss of income. The Complainants seek the following relief: "I know we lost a $10,000 job because of not having a phone. Plus other jobs and 10 hours of time spent at a payphone. And no phone for emergency reasons. We feel we lost a minimum of $12,000."
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?
On October 26, 1998, the Commission received a complaint by Debra Esche against U S WEST Communications, Inc. The Complainant describes frustration, effort and expenses caused by a delay in obtaining telephone service. The Complainant seeks the following relief: "Require U S WEST to reimburse me for long distance calls and the time I spent dealing with this situation. Require U S WEST to provide brick type phones for all customers with delayed service. Require U S WEST to come up with a written policy that includes these items."
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?
On November 6, 1998, the Commission received a complaint by Lawrence Klein against U S WEST Communications, Inc. regarding poor service and a request to have lines updated. The complainant explains a history of poor and unreliable telephone service. The complainant outlines the necessity of the telephone and seeks reliable telephone service.
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?
On November 4, 1998, the Commission received a complaint by Don Finn on behalf of Lake Area Hospital, Webster, South Dakota, against AT&T Communications of the Midwest, Inc. regarding overcharges. The complainant outlines a chronological history of the concerns with AT&T over the past 18 months. "We believe we were overbilled because of a 'technical' glitch and no one from AT&T would take the time to resolve the situation. Instead of assistance, we experienced lots of finger pointing and were being overcharged in the meantime. We have exhausted all of our options trying to find some sort of resolution." The complainant seeks reimbursement for the amount overcharged and compensation for the time and labor involved.
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?
MiscellaneousCommission staff was asked to investigate the status of the regulated utilities in South Dakota and report on the utilities' efforts towards mitigating the potential problems posed by the Y2K computer problem.
TODAY, staff has an update. And, how shall the Commission proceed?
Announcements- A hearing in Docket TC98-150 is scheduled for December 3, 1998, in Room 412 at 1:30 p.m.
- A hearing in Docket EL98-005 is scheduled for December 15-18, 1998, in the County Commissioner's Meeting Room in Sioux Falls, South Dakota.
- A hearing in Docket TC98-146 is scheduled for December 17-18, 1998, in Room 412 of the State Capitol.
- A hearing in Docket NG97-021 is scheduled for January 4-5, 1999, in Room 412 of the State Capitol.
- Commissioners and Staff will be attending the MARC meetings in San Antonio, TX, January 6-10, 1999.
- The next regularly scheduled Commission meeting will be held Monday, December 7, 1998, at 1:30 p.m. in Room 464 of the State Capitol Building.
_____________________
Sue Cichos
Deputy Executive Director
November 17, 1998
