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South Dakota Public Utilities Commission Meeting
Tuesday, June 22, 1999; 10:30 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 21, 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 Meetings Held On May 28, June 1, June 8 and June 15, 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 1284 consumer contacts during 1999. 132 contacts have been received since the June 8, 1999, Commission meeting.
TELECOMMUNICATIONS: 121 of the contacts involved telecommunications. 32 of the contacts involved fluffing: the raising of rates without notice; 17 of the contacts involved the unauthorized switching of long distance service; 15 contacts concerned the unauthorized billing for services; 13 contacts concerned billing issues; 10 contacts reported poor service; 4 contacts did not receive service when promised; 3 contacts concerned fees; 3 contacts concerned outages; 3 contacts concerned random rates; 3 contacts concerned telemarketing; and the remaining issues involve burying a line, directory, disconnection, inmate calling charges, jamming lines, Lifeline, payment plan, cancellation of service, repair, prepaid cards, toll block, unsolicited faxes, won't connect, won't disconnect, and won't transfer.
ELECTRICITY: 8 of the contacts involved electricity issues. 3 of the contacts involved disconnection; 2 contacts concerned deposits; 2 contacts concerned high billing; and one contact involved a drooping line.
NATURAL GAS: 3 contacts involving natural gas were reported. Those issues involved gas rates, billing, and won't disconnect.
A total of 857 complaints have been resolved informally during 1999.
On June 1, 1999, the Commission received a complaint from Tele-Tech, Inc. and Long Line, Inc. against U S WEST concerning overcharges for telecommunications services. The Complainants allege that when they were forced by U S WEST to upgrade from Feature Group A which was eliminated in 1994, that Tele-Tech, Inc. and Long Line, Inc. continued to be billed for 84 unused lines. The billing totals $103,746.84. The Complainants request that the Public Utilities Commission order U S WEST to repay Tele-Tech, Inc. and Long Line, Inc. the overcharges plus interest at a rate of 10% and "further relief that the Commission deems just and equitable."
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?
Electric
On April 26, 1999, the Commission received a filing from Black Hills Corporation, d/b/a Black Hills Power and Light for approval of a contract with deviations with the State Cement Plant Commission, d/b/a Dacotah Cement . Subsequent to this filing Black Hills Power and Light has proposed a conditional freezing of its electric rates for five years beyond January 1, 2000, when the present freeze is scheduled to expire. Black Hills Power and Light and Commission Staff have entered into a stipulation which would implement the conditional freeze in electric rates.
TODAY, shall the Commission approve the contract with deviations with the State Cement Plant Commission? Shall the Commission approve a stipulation entered into between Black Hills Power and Light and Commission Staff which implements a conditional rate freeze of Black Hills Power and Light's electric rates for five years beyond January 1, 2000?
The City of Flandreau is proposing to construct a transmission line from the existing Western Area Power Administration substation located west of Flandreau and a new substation. They are seeking a declaratory ruling from the Commission as to whether or not the proposed project falls within the SDCL 49-41B-2.1 definition of a transmission line and associated facility, thereby requiring a SDPUC permit. The deadline for intervention was June 11, 1999.
TODAY, what is the Commission's ruling?
On May 26, 1999, the Commission received an application by Montana-Dakota Utilities Co. to revise power purchase rate schedules 95, 96 and 97 in compliance with the Commission's Order in Docket F-3365 which dictated annual review and if necessary, revision of these rates based on updated information. The rates filed apply to the purchase of power from cogeneration or small power production facilities of customers. No customers are currently served by these rates in South Dakota.
TODAY, shall the Commission approve the proposed tariffs?
Natural Gas
On June 1, 1999, the Commission received an application from NorthWestern Public Service, a division of Northwestern Corporation, for an increase in rates for natural gas service in South Dakota. The Company has requested that the proposed increase of $2,108,112 or approximately 6.3% become effective July 1, 1999.
TODAY, shall the Commission set an intervention deadline? Shall the Commission suspend the imposition of the tariff for 90 days? And, shall the Commission assess a filing fee for actual expenses not to exceed $100,000?
Telecommunications
On February 19, 1999, GCC License Corporation filed a request for a Certificate of Authority to provide intrastate toll services on a resold basis throughout the state of South Dakota. Applicant seeks authority to provide a full range of interexchange services, including presubscribed long distance, calling card, prepaid calling card, 10XXX access and "personalized 800 service".
TODAY, shall the Commission grant a Certificate of Authority to GCC License Corporation?
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 implement its plan no later than 30 days after the date on which the plan is approved." At its 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. On May 26, 1999, AT&T filed for Commission approval of its carrier notification letter in advance of final Commission action on the proposed plans.
TODAY, what is the Commission's decision?
On April 1, 1999, FiberComm, L.C. filed, pursuant to ARSD 20:10:27, a petition to be exempted from the requirement of developing intrastate switched access rates based on company specific costs. FiberComm, L.C. has also filed a proposed switched access tariff.
TODAY, shall the Commission grant the exemption?
On April 2, 1999, the Commission received an application from erbia Network, Inc. for a Certificate of Authority to provide intrastate telecommunications services in South Dakota. erbia is proposing to offer interexhange 1+ and 101XXXX direct outbound dialing, 800/888 toll free inbound dialing and travel card services in South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to erbia Network, Inc.?
On April 15, 1999, the Commission received an application by Long Distance America, Inc. for a Certificate of Authority to provide 1+ and 101XXXX direct outbound dialing, 800/888 toll free inbound dialing and travel card interexhange service on a resold basis.
TODAY, shall the Commission grant a Certificate of Authority to Long Distance America, Inc.?
On April 19, 1999, Dickey Rural Telephone Cooperative and Dickey Rural Communications, Inc. filed for approval of petition for suspension and modification of dialing parity. Dickey Rural Telephone Cooperative and Dickey Rural Communications, Inc. each have fewer than 2% of the Nation's subscriber lines installed in the aggregate. Pursuant to 47 U.S.C. 251(f)(2), Dickey Rural Telephone Cooperative and Dickey Rural Communications, Inc. petitions the Commission for a suspension and modification of the requirement for implementation of intraLATA dialing parity in its service areas until June 30, 2000. The grounds for the petition are that suspension and modification are: a) necessary to avoid imposing requirements that are unduly economically burdensome and infeasible, and b) consistent with the public interest, convenience and necessity. The compressed schedule mandated by CC Docket No. 96-98, Order adopted March 19 and released March 23, 1999, FCC 99-54 is burdensome and infeasible for small LECs to develop and administer plans for timely notification of their subscribers and interexchange carriers regarding subscribers' selection of intraLATA toll providers, and for small LECs to develop fully compensatory local exchange access rates to replace the current arrangement.
TODAY, what is the Commission's decision?
On April 20, 1999, Consolidated Telephone Cooperative and its Wholly Owned Subsidiary, Consolidated Telcom, Inc. formerly known as CTC Communications, Inc. filed for approval of petition for suspension and modification of dialing parity. Consolidated Telephone Cooperative and Consolidated Telcom, Inc. formerly known as CTC Communications, Inc. each have fewer than 2% of the Nation's subscriber lines installed in the aggregate. Pursuant to 47 U.S.C. 251(f)(2), Consolidated Telephone Cooperative and Consolidated Telcom, Inc. formerly known as CTC Communications, Inc. petitions the Commission for a suspension and modification of the requirement for implementation of intraLATA dialing parity in its service areas until June 30, 2000. The grounds for the petition are that suspension and modification are: a) necessary to avoid imposing requirements that are unduly economically burdensome and infeasible, and b) consistent with the public interest, convenience and necessity. The compressed schedule mandated by CC Docket No. 96-98, Order adopted March 19 and released March 23, 1999, FCC 99-54 is burdensome and infeasible for small LECs to develop and administer plans for timely notification of their subscribers and interexchange carriers regarding subscribers' selection of intraLATA toll providers, and for small LECs to develop fully compensatory local exchange access rates to replace the current arrangement.
TODAY, what is the Commission's decision?
On April 21, 1999, Kennebec Telephone Company filed for approval of dialing parity implementation plan and petition for suspension and modification of dialing parity. Kennebec Telephone Company filed its intraLATA toll dialing parity implementation plan and, pursuant to ARSD 20:10:32:39 and 47 U.S.C. 251(f)(2), a petition for suspension and modification of the requirement for implementing intraLATA dialing parity until September 19, 1999. Kennebec Telephone Company has fewer than 2% of the Nation's subscriber lines installed in the aggregate. Kennebec Telephone Company's implementation of intraLATA dialing parity in Kennebec and Presho are part and parcel of its implementation of interLATA equal access for the Kennebec and Presho exchanges at the South Dakota Network switch in Sioux Falls. The implementation of Kennebec Telephone Company's dialing parity plan began before the FCC released its order in CC Docket No. 96-98, Order adopted March 19 and released March 23, 1999, FCC 99-54.
TODAY, what is the Commission's decision?
On April 21, 1999, the Commission received an application by RDST, Inc. for a Certificate of Authority to provide Intrastate Telecommunications Services in South Dakota. RDST, Inc. proposes to offer intrastate, interexchange 1+ and 101XXXX outbound, 800/888 inbound, travel card and prepaid card service in South Dakota.
TODAY, shall the Commission grant the Certificate of Authority to RDST, Inc.?
On April 21, 1999, Western Telephone Company filed for approval of dialing parity implementation plan and petition for suspension and modification of dialing parity. Western filed its intraLATA toll dialing parity implementation plan and, pursuant to ARSD 20:10:32:39 and 47 U.S.C. 251(f)(2), a petition for suspension and modification of the requirement for implementing intraLATA dialing parity until September 15, 1999. Western has fewer than 2% of the Nation's subscriber lines installed in the aggregate. "Western Telephone Company seeks the suspension and modification because at this time negotiations are ongoing and no decision has yet been reached regarding whether or not intraLATA equal access will be provided by South Dakota Network as centralized equal access, or, if Western Telephone Company will make the requisite changes to provide intraLATA dialing parity from its end offices. It is technically infeasible and, hence, inconsistent with the public interest, to reach this decision and implement either alternative by July 22, 1999, the deadline according to [the FCC order in CC Docket No. 96-98, Order adopted March 19 and released March 23, 1999,] FCC 99-54." Western Telephone Company submitted a centralized intraLATA equal access plan.
TODAY, what is the Commission's decision?
On April 21, 1999, Beresford Municipal Telephone Company filed for approval of dialing parity implementation plan and petition for suspension and modification of dialing parity. Beresford Municipal Telephone Company filed its intraLATA toll dialing parity implementation plan and, pursuant to ARSD 20:10:32:39 and 47 U.S.C. 251(f)(2), a petition for suspension and modification of the requirement for implementing intraLATA dialing parity until September 15, 1999. Beresford Municipal Telephone Company has fewer than 2% of the Nation's subscriber lines installed in the aggregate. "Beresford Municipal Telephone Company seeks the suspension and modification because at this time negotiations are ongoing and no decision has yet been reached regarding whether or not intraLATA equal access will be provided by South Dakota Network as centralized equal access, or, if Beresford Municipal Telephone Company will make the requisite changes to provide intraLATA dialing parity from its end offices. It is technically infeasible and, hence, inconsistent with the public interest, to reach this decision and implement either alternative by July 22, 1999, the deadline according to [the FCC order in CC Docket No. 96-98, Order adopted March 19 and released March 23, 1999,] FCC 99-54." Beresford Municipal Telephone Company submitted a centralized intraLATA equal access plan.
TODAY, what is the Commission's decision?
On May 21, 1999, Black Hills FiberCom, L.L.C. submitted an application to provide a different local calling area than that which is provided by U S West. On June 11, 1999, U S WEST Communications, Inc., filed to intervene. The deadline to intervene was June 11, 1999.
TODAY, shall the Commission grant intervention to U S WEST Communications, Inc.?
Announcements
1. 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.
2. The next regularly scheduled Commission meeting will be held Tuesday, July 13, 1999, at 10:30 a.m. in Room 412 of the State Capitol Building.
Sue Cichos, Deputy Executive Director
suec@puc.state.sd.us
June 15, 1999
