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Please also see Addendum to this Agenda
South Dakota Public Utilities Commission Meeting
Tuesday, December 14, 1999; 9:30 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 December 13, 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 November 29, 1999. (Staff: Shirleen Fugitt.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Staff Analyst: Leni Healy.)
The Commission has received 2996 consumer contacts during 1999. 211 contacts have been received since the November 29, 1999, Commission meeting.
TELECOMMUNICATIONS: 194 of the contacts involved telecommunications. 143 of the contacts concerned the unauthorized switching of long distance service; 10 contacts involved delayed installation of service; 9 contacts involved higher rates than promised; 7 contacts concerned billing issues; 6 contacts concerned the unauthorized billing for services; 6 contacts involved inability to get service disconnected; 4 contacts reported poor service; 4 contacts concerned fees; 2 contacts concerned outages; 2 contacts involved disconnections; and the remaining issue was 900 # charges.
ELECTRICITY: 12 of the contacts involved electricity issues. 6 contacts concerned NSP surcharges, 3 contacts involved disconnections, 2 contacts involved meter reading, and 1 contact involved installation of service.
NATURAL GAS: 5 of the contacts involved natural gas. 2 of the contacts involved billing issues; 2 of the contacts concerned disconnection; and one contact involved installation.
1993 complaints have been resolved informally during 1999.
The Complainant alleges that installation of service for 12 lines to the Hampton Inn was delayed. The Hampton Inn was not informed of the delay until the day before the scheduled business opening. The Complainant further alleges that U S WEST Communications sent two billings for the same lines. The Complainant is seeking punitive damages, a credit of charges, and a commitment for customer care. The complaint was filed with the Commission on August 9, 1999. Probable cause was found at the September 8, 1999, regular meeting. A hearing was scheduled for December 1, 1999. The hearing was cancelled.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
The Complainant states that she is a customer of DTG and WorldCom. The Complainant claims that Excel Telecommunications billed her for services after WorldCom had been authorized as the chosen carrier. The Complainant is seeking a credit of the charges and penalties. This complaint was filed with the Commission on August 9, 1999. Probable cause was found at the September 8, 1999, regular meeting. The hearing, scheduled for December 2, 1999, was cancelled.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On September 17, 1999, the Commission received a complaint from Jane Ham against Qwest Communications regarding unauthorized switching of services. The Complainant alleges the Company switched telecommunications services from AT&T to Qwest on August 3, 1999, without authorization. Complainant states she wants to resume service with AT&T, and she wants Qwest to pay a $1,000 fine plus an additional $500 in damages. The Commission found probable cause a October 7, 1999, regular meeting. The hearing, scheduled for December 7, 1999, was cancelled.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On September 28, 1999, the Commission received a complaint from Donald Cook against Budget Call Long Distance, Inc. regarding unauthorized switching of services. The Complainant alleges the long distance provider was switched without permission. Complainant is asking that the unauthorized charges be removed from the billing and he wants the $1,000 fine provided by law. The Commission found probable cause against Budget Call Long Distance, Inc. a October 7, 1999, regular meeting. On December 1, 1999, the Commission received a request from the Complainant to add NOR Communications as a Respondent to his complaint.
TODAY, shall the Commission amend the complaint to include NOR Communications?
On October 4, 1999, the Commission received a complaint from Paula Muchow, Rapid City, South Dakota, against Creative Opportunity regarding unauthorized billing for services. The Complainant claims that service for her residence was switched without authorization. The Complainant seeks to have all charges removed from her account and payment of the $1000 damage claim allowed by law. Probable cause was found at the October 19, 1999, regular meeting. The hearing, scheduled for December 6, 1999, was cancelled.
TODAY, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
On October 8, 1999, the Commission received a complaint from William P. and Debra L. Lang, Rapid City, South Dakota, against America's Tele-Network Corp. regarding unauthorized switching of services. Complainants allege their long distance provider was switched without their authorization and further allege that a long distance block has been placed on their line. Complainants are asking to have all charges removed from their account and to have applicable fines and penalties imposed on the company. Complainants are also seeking additional damages for an unspecified amount. Probable cause was found at the October 19, 1999, regular meeting.
TODAY, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
On October 12, 1999, the Commission received a complaint filed by GSA, Inc., Rapid City, South Dakota, against Qwest Communications, Inc. regarding unauthorized switching of services. Complainants allege their long distance provider was switched without their authorization. Complainants are seeking a credit of Qwest charges. Probable cause was found at the October 19, 1999, regular meeting. The hearing, scheduled for December 6, 1999, was cancelled.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On October 21, 1999, the Commission received a formal complaint from Marilyn L. Taylor, Pierre, South Dakota, against AT&T regarding billing issues. Complainant alleges when she was contacted by AT&T for long distance service, she requested instructions on using access codes for in-state long distance. The Complainant further alleges that the AT&T representative indicated no access code was needed. As a result of those instructions, the Complainants intraLata calls were billed by U S WEST at a much higher rate. The Complainant claims she was also promised 180 free minutes of calling which she did not receive. For relief, the Complainant believes AT&T should either pay $433 to U S WEST for those calls plus $27 for the unreceived free minutes or credit all calls back to $0.10 a minute and credit USWC for them. The Commission found probable cause in this matter at the November 1, 1999, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On November 19, 1999, the Commission received a complaint filed by Rueben W. Hoffmann, Aberdeen, South Dakota, against OLS, Inc. regarding unauthorized switching of services. The Complainant indicates that he received a call from a telemarketer claiming to be with AT&T who wanted to combine his billing. As a result he received a billing from OLS. The Complainant is requesting removal of all charges and $1000 allowed by statute.
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 22, 1999, the Commission received a complaint filed by Normajean Johnson, Vermillion, South Dakota, against OLS, Inc. regarding unauthorized switching of services. The Complainant claims that her long distance service was with Promise Net. When she received her billing, she was billed by OLS, Inc. at a higher rate.
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 22, 1999, the Commission received a complaint filed by Marilyn Crompton, Aberdeen, South Dakota, against OLS, Inc. regarding unauthorized switching of services. The Complainant indicates that a telemarketer representing U S WEST called her concerning her billing. As a result of this conversation, her service was switched to OLS, Inc. The Complainant requests that a large fine should be assessed to OLS for this activity.
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 22, 1999, the Commission received a complaint filed by Allen and Joyce Beckler, Aberdeen, South Dakota, against OLS, Inc. regarding switching of services through deceptive telemarketing practices. The Complainants indicate that a telemarketer contacted them indicating that she was with U S WEST contacting them about billing issues. As a result of the call, their service was switched to OLS, Inc. The Complainants request that all assessed charges be dropped and that $1000 in penalties be paid to them.
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 23, 1999, the Commission received a complaint filed by Janice Catron, Mitchell, South Dakota, against Qwest Communications, Inc. regarding unauthorized switching of services. The Complainant indicates that her long distance service was switched without her authorization. For relief, the Complainant requests all charges be removed and $1000 damages be paid.
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 December 1, 1999, the Commission received a complaint filed by Frank E. Daly, Aberdeen, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. The Complainant claims that he was contacted by OLS to maintain one billing for telecommunication services. The Complainant further claims that the OLS representative was questioned if the process would change his current long distance service. The Complainant claims the OLS representative promised that his service would not change. The Complainant's service was switched to OLS. The Complainant requests that South Dakota Law be implemented and that OLS should be banned from operating in this state.
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 December 2, 1999, the Commission received a complaint from Robert J. Ries and Treva Jean M. Ries, Watertown, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. The complaint indicates that the long distance carrier was changed from AT&T to OLS after a confusing/deceptive phone call. The Complainant seeks relief from the Commission and thinks all changes should be made in writing.
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?
Natural Gas
On August 24, 1999, the Commission received a filing by NorthWestern Public Service proposing to revise its South Dakota Natural Gas Tariff. The proposed revision lists an additional Contract with Deviations to serve Dakota Ethanol - Lake Area Corn Processors, a new ethanol plant near Wentworth.
TODAY, shall the Commission approve the proposed tariff changes?
Electric
On June 25, 1999, the Commission received a filing from Otter Tail Power Company in accordance with SDCL 49-34A and the Commission's previous Order Approving Agreement dated October 23, 1989, Docket F-3837 for an Electric Service Agreement for the Supply of Bulk Interruptible Power between Otter Tail Power Company and Valley Queen Cheese Factory, Inc.
TODAY, shall the Commission approve the filing by Otter Tail Power Company?
Miscellaneous
1. IN THE MATTER OF THE FAILURE OF CERTAIN TELECOMMUNICATIONS COMPANIES TO TIMELY FILE THE GROSS RECEIPTS TAX. (Deputy Executive Director: Sue Cichos.)
The following companies have failed to timely file their gross receipts tax as required by SDCL 49-1A:
A C S Tel Com, Inc.
Accutel Communications, Inc.
Affinity Matketing Strategies, LLC d/b/a Funding Our Future
AmeriTel Pay Phones, Inc. (Cell Block Phones)
AMNEX - American Network Exchange, Inc.
Atlas Equity Inc d/b/a Performance Telecom
Business Options, Inc.
Call Plus, Inc.
Colorado River Communications Corp d/b/a CRC Long Distance
Discount Call Rating, Inc. d/b/a Flat Rate Long Distance
Eagle Telecom, Inc.
Elias Ventures, Inc. d/b/a American Freeway100
First Call USA, Inc.
Intelicom International Corp.
International Telcom, Ltd
Journey Telecom International, Inc.
London Telecom a/k/a Strategic Alliances
Matrix Telecom
National Accounts, Inc.
New Concept Communications LLC
NOVA Telecom, Inc. d/b/a B.E.L. EZ Pay
NTI Telecom, Inc.
Parcel Consultants, Inc.
Pride America, Inc.
PRIMECALL, Inc.
Sterling International Funding, Inc. d/b/a Reconex
TelSave Corporation d/b/a Independent Network Services
Teltrust Communications Services, Inc.
U S Network Services, Inc.
USA Tele Corp.
Ustel, Inc.
Western Tele-Communications, Inc./Retail Sales Group
TODAY, shall the Commission issue an Order To Show Cause as to why the Commission should not fine, or suspend or revoke the Certificates Of Authority of each of these companies for failure to pay the requisite gross receipts tax?
Announcements
1. A hearing in docket CT99-018 (Hatch v Qwest Communications, WCS Telecom and Western Communications, Inc.) is scheduled for 1:30pm CST on December 15, 1999, in Room 412 of the State Capitol.
2. A rules hearing is scheduled for January 10, 2000, in room 468 of the State Capitol.
3. A hearing in docket CT99-046 (Noble) will be held on January 26, 2000, at 1:30pm CST, in Room 468 of the State Capitol in Pierre.
4. A hearing in docket CT99-048 (Neuharth) will be held on January 27, 2000, at 1:30pm CST, in Room 468 of the State Capitol in Pierre.
5. A hearing in docket TC99-107 (Show Cause of Western Telecom/Touchtone) will be held at 9am CST, on February 1, 2000, at the Chamber of Commerce Meeting Room in Pierre, South Dakota.
6. The next regularly scheduled Commission meeting will be held Tuesday, December 28, 1999, at 1:30pm CST in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
Sue.Cichos@state.sd.us
December 7, 1999
