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South Dakota Public Utilities Commission Meeting
Wednesday, May 12, 1999; 1:30 P.M.
State Capitol Building, Room LCR#1
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 May 11, 1999. Please keep in mind that a limited number of telephone lines are available. Every effort should be made for parties in the same city to be on the same line when calling in.
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 April 26, 1999. (Staff: Shirleen Fugitt.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)
The Commission has received 903 consumer contacts during 1999. 161 contacts have been received since the April 26, 1999, Commission meeting.
TELECOMMUNICATIONS: 149 of the contacts involved telecommunications issues. 24 contacts involved fluffing: the unnotified raising of rates; 20 contacts involved the unauthorized switching of long distance service; 17 contacts concerned the unauthorized billing for services; 17 contacts involved billing; 16 contacts involved poor service; 5 contacts involved disconnections; 4 contacts concerned repairs; 4 contacts involved telemarketers; 3 contacts concerned installation, and the remaining contacts concerned calling cards, capital credits, cellular service, cable cut, directory, double billing, extended area service, fees, internet, Lifeline, LinkUp, network tv, outages, sales tax, toll blocks and transfer of service.
ELECTRICITY: 8 of the contacts involved electricity issues. 2 of the contacts concerned deposits; 2 of the contacts involved disconnections; and the remaining issues were billing, charges, fees, and quality of service.
NATURAL GAS: 4 of the contacts involved natural gas issues. 2 of the contacts concerned disconnections; and the remaining contacts involved billing and deposit.
A total of 593 complaints have been informally resolved during 1999.
On April 7, 1999, the Commission received a complaint from Constance Johnson, Sioux Falls, South Dakota, against U S WEST regarding a disputed billing. After a series of attempts to informally resolve billing concerns, the Complainant filed a formal complaint to address unresolved issues. As part of the remedy for relief, the Complainant has asked forgiveness of an unpaid billing in the amount of $539.
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 April 22, 1999, the Commission received a complaint by James Frankenstein, Redfield, South Dakota, against U S WEST regarding poor service and request to have lines updated. The complainant indicates that over the past two or three years there has been problems with intermittent loud static, disconnections, no service, and random ringing. U S WEST has been contacted by the Complainant; "they come out but never solve the problem." The Complainant requests to have the service fixed. Also, he asks to be able to connect to the internet, use caller ID and other services like everyone else.
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 September 3, 1998, the Commission received a complaint by Loretta Spear against U S WEST Communications regarding updating lines. Complainant raises service issues including static on their lines, service disruptions, delayed repairs, and inability to receive Caller ID subscription. The Complainant requests the following relief: "Insure that credit is given for Caller ID and 3 weeks without telephone service. Also resolution to updating telephone service in the area." A hearing in this matter was held on December 15, 1998.
TODAY, how shall the Commission proceed?
On October 8, 1998, the Commission received a complaint by Sheryl L. Klein against U S WEST Communications, Inc. regarding poor service. The Complainant outlines a series of service outages, repair difficulties, outdated service and staffing issues. The Complainant seeks the following relief: "We want the line fixed completely and permanently, so it functions at a 100% reliable level. We want this done now, before another winter sets in. We have been told several possible problems by U S West repairmen including aging lines and old systems. We do not know what the solution is, but want it found and implemented now. We ask that U S West be required to make whatever investment is necessary to fully remedy the problem. We also want to be reimbursed for a reasonable amount for the loss of phone service and the associated stress and hassles. We request $500.00." A hearing in this matter was held on February 3, 1999, in Mission, South Dakota.
TODAY, how shall the Commission proceed?
On October 8, 1998, the Commission received a complaint by JoAnn C. Klein against U S WEST Communications, Inc. regarding poor service The Complainant outlines a series of service outages, repair difficulties, outdated service, phantom calls, and staffing issues. The Complainant seeks the following relief: "contact U S West and insist that our long continuation of poor service and outages be corrected. Also reimbursement or credit for days when phone lines have been out." Mrs. Klein also requests that her billing for 24 directory assistance calls and long distance calls which were not made by the Kleins be credited from their billing. A hearing in this matter was held on February 3, 1999, in Mission, South Dakota.
TODAY, how shall the Commission proceed?
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. A hearing in this matter was held on February 3, 1999, in Mission, South Dakota.
TODAY, how shall the Commission proceed?
On December 11, 1998, the Commission received a complaint from Margaret Figert, Mission, South Dakota, against USWC regarding poor service and request to have lines updated. The complaint notes a history of poor, interrupted, and sporadic service, and an inability to transmit data and use the internet. The complainant is requesting USWC to upgrade their lines throughout southern Todd County, South Dakota, or sell out to Golden West, Wall, South Dakota who has fiber optic cable. A hearing in this matter was held on February 3, 1999, in Mission, South Dakota.
TODAY, how shall the Commission proceed?
Electric
On March 6, 1998, Douglas L. Kuper, Lennox, SD, filed a complaint against Lincoln-Union Electric Company regarding stray voltage. The complaint "has been and still is neglect in fixing the stray voltage that has ruined my dairy herd and livestock operation. It has been found to be coming from the down grounds on the poles and is leaking or crossing my farm. By this expert engineers and a physics professor have found the problem to be Lincoln-Union's through numerous tests and also by myself... It has also been felt in our house when taking a shower or bath. It's also being felt in the barn at various times. I have spent thousands of dollars rewiring my farm place which the power company suggested and no relief was accomplished. We did not see any relief until the ground wires along the power company lines were cut. This case has gone to court twice and I have won both times..." Mr. Kuper is asking the Commission to order Lincoln-Union Electric Company to update the system and has given several options. In an order dated April 28, 1998, the Commission made a finding of Probable Cause. A hearing in this docket was held on December 15-16, 1998, in Sioux Falls. A December 7, 1998, meeting the Commission voted to dismiss the complaint and close the docket. At that time staff was asked to continue monitoring the situation.
TODAY, staff has an update.
Telecommunications
On November 12, 1998, the Commission received an application by Internet Telephone Company for a Certificate of Authority to provide intrastate switched outbound interexchange telecommunications service within the State of South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to Internet Telephone Company?
On December 31, 1998, WinStar Wireless, Inc., notified the Commission of a transfer of assets from MIDCOM Communications, Inc. to WinStar Wireless, Inc. and requested that MIDCOM's Certificate of Authority and MIDCOM's tariff be transferred to WinStar Wireless.
TODAY, shall the Commission approve the transfer of the Certificate of Authority from MIDCOM Communications, Inc. to WinStar Wireless, Inc.?
On January 26, 1999, the Commission received an application from Maxxis Communications, Inc. for a Certificate of Authority to provide Telecommunications Services in South Dakota. Maxxis Communications, Inc. by their attorneys, notified the Commission of an acquisition of assets from Cherry Communications Incorporated to Maxxis Communications, Inc. and requested that Cherry's Certificate of Authority be transferred to Maxxis Communications, Inc.
TODAY, shall the Commission grant a Certificate of Authority to Maxxis Communications, Inc.?
On March 18, 1999, Legends Communications, Inc. filed a request for a Certificate of Authority to provide resold interexchange telecommunications services throughout South Dakota. Legends intends to initially resell the services of authorized carriers, utilizing the Legends switch located in Atlanta, GA for call termination. Its product offerings will include 1+ competitive outbound calling, 800/888 Toll-Free inbound service, travel cards and debit card/prepaid calling cards.
TODAY, shall the Commission grant a Certificate of Authority to Legends Communications, Inc.?
On March 23, 1999, the Federal Communications Commission issued an order establishing new deadlines for implementation of intraLATA dialing parity by local exchange carriers: In the Matters of Implementation of the Local Competition Provisions of the Telecommunications Act of 1996; Petition of Southwestern Bell Telephone Company, Pacific Bell, and Nevada Bell for Expedited Declaratory Ruling on Interstate IntraLATA Toll Dialing Parity or, in the Alternative, Various Other Relief, CC Docket No. 96-98, FCC 99-54 (released March 23, 1999). The order states that "[n]o later than April 22, 1999, all LECs must file intraLATA toll dialing parity plans with the state regulatory commission for each state in which the LEC provides telephone exchange service if a plan has not yet been filed with such state commission. Once a state commission has approved a plan, the LEC must implemen plan no later than 30 days after the date on which the plan is approved." A ad hoc meeting on March 30, 1999, the Commission voted to open a docket and establish a procedural schedule in this matter. Local Exchange Carriers were requested to file an IntraLATA Toll Dialing Parity plan by April 22, 1999. In their filed IntraLATA Toll Dialing plans, the following local exchange carriers have requested Commission approval to send out carrier notification letters in advance of final Commission action on the proposed plans:
Heartland Telecommunications Company of Iowa
Accent Communications, Inc.
Splitrock Properties, Inc.
Jefferson Telephone Company
Venture Communications, Inc.
Hanson County Telephone Company
Hanson Communications, Inc. d/b/a McCook Telecom
Vivian Telephone Company d/b/a Golden West Communications, Inc.
Stockholm-Strandburg Telephone Co.
Heartland Communications, Inc.
Mobridge Telecommunications
DCT & DTI
Stateline Telecommunications, Inc.
U S WEST Communications, Inc.
West River Telecommunications Cooperative (McLaughlin exchange)
TODAY, shall the Commission grant the approval of the carrier notification letters in advance of final Commission action on the proposed plans to the companies listed above?
On April 1, 1999, the Commission received an application for a Certificate of Authority from The Free Network, L.L.C. to provide telecommunications services in South Dakota. The Free Network, L.L.C. proposes to offer resold intrastate long distance services to the public on a statewide basis in the state of South Dakota. The services to be provided are Message Toll Service, Incoming 800/888 and Travel Card services.
TODAY, shall the Commission grant a Certificate of Authority to The Free Network, L.L.C.?
Transportation/Warehouse
The Commission has been appointed a Receiver by the Fifth Judicial Circuit Court to take possession of grain dealer bond proceeds of Britton Durum Corporation, Britton, South Dakota. The bond company is St. Paul Mercury Insurance Company. A hearing in this matter was held on February 18, 1999, in Aberdeen, South Dakota. On March 16, 1999, staff filed a Motion for Second Hearing Before Receiver with the Commission. A second hearing was held on May 4, 1999.
TODAY, what is the Commission's decision?
Announcements
1. A hearing in RM99-001 (Slamming Rules) is scheduled for May 13, 1999, at 1:30pm, in Room 412 of the State Capitol.
2. Commissioner Burg and Bob Knadle will be attending a conference May 18-20, 1999, in Denver, Co.
3. Commissioner Schoenfelder will be attending a conference May 24-27, 1999, in Alaska.
4. The Commission offices will be closed on Monday May 31, 1999, in observance of Memorial Day.
5. The South Dakota Commission is hosting the MARC '99 Conference on June 27-29, 1999, at the Rushmore Plaza Holiday Inn in Rapid City, South Dakota.
6. The next regularly scheduled Commission meeting will be held Tuesday, June 8, 1999, at 2:00 p.m. in Room 412 of the State Capitol Building.
Sue Cichos, Deputy Executive Director
suec@puc.state.sd.us
May 5, 1999
