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South Dakota Public Utilities Commission Meeting
Tuesday, February 15, 2000; 1:30 P.M.
State Capitol Building, Room 468
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 February 14, 2000. 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 January 27 and February 2, 2000. (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 290 consumer contacts during 2000. 90 contacts have been received since the February 2, 2000, Commission meeting.
TELECOMMUNICATIONS: 76 of the contacts involved telecommunications. 37 of the contacts concerning the unauthorized switching of long distance service; 10 contacts involved higher rates than promised, 10 contacts concerned billing for unauthorized services; 6 contacts involved billing issues; 3 contacts involved delayed installation; 3 contacts involved delayed switching of service; 3 contacts involved repair issues; and the remaining concerns were collect call charges, directory listings, disconnections, leased equipment, pay phones, poor service and toll blocking.
ELECTRICITY: 13 of the contacts involved electricity issues. 5 contacts involved disconnections, 4 contacts concerned high billings, and the remaining issues were meter errors, won't disconnect, power supply and "other."
NATURAL GAS: 1 contact involving natural gas was reported. The issue was a faulty meter.
82 complaints have been resolved informally during 2000.
On January 18, 2000, the Commission received a complaint filed by Rollie Jensen, Sioux Falls, South Dakota, against McLeodUSA Telecommunications Services, Inc. regarding delayed installation. Complainant alleges they requested McLeodUSA to transfer their phone service to their new office on August 27th, 1999. They were never informed that the phone service start date was September 2, 1999. They moved their office on August 27th. Phone service, computer usage or faxing capabilities were not available until 5:00 p.m. on September 2, 1999. The complainant is seeking restitution for lost income, wage losses, extra rent, and cellular phone charges. The Complainant also hopes "US West and McLeodUSA stop their in house fighting and go back to giving the customer service that we all pay dearly for."
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 January 24, 2000, the Commission received a complaint from Timothy William Johnson, Mitchell, South Dakota, against Preferred Billing regarding unauthorized switching of services. The complainant alleges that his long distance provider was switched to Preferred Billing without his authorization, and that he has been unable to get his long distance service switched back to his former carrier. The Complainant is asking to have his service switched back to Sprint and to receive a refund of all monies charged over and above Sprint's rates.
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 January 25, 2000, the Commission received a complaint filed by Dale W. Frederick, Watertown, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. The complainant alleges that his service was switched to OLS through deceptive tactics. He is seeking remedies to unauthorized switching and unsolicited telemarketing.
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 January 25, 2000, the Commission received a complaint filed by Rhonda Bendel, Watertown, South Dakota, against OLS, Inc. regarding unauthorized switching of services. The complainant claims that she was billed by a company which she did not authorize. The complainant requests fines to be imposed and reimbursement of charges.
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 January 26, 2000, the Commission received a complaint filed by John and Jeanie Endres, Watertown, South Dakota, against America's Tele-Network Corp. regarding unauthorized switching of phone service. Additional information was provided in an amendment to the complaint received January 31, 2000. The complainants allege their long distance phone service was switched from MCI WorldCom to America's Tele-Networks without their authorization. The complainants are requesting that all America's Tele-Network charges that have appeared on their telephone bills from October 9, 1999, to the present be removed. Those charges amount to $286.17. "In addition we request that a fine be placed upon America's Tele-Network for the illegal act of slamming us and causing the problems and expense that we --- and your Commission has to try to straighten out. Only by imposing the maximum fine on these companies is the problem going to be eliminated."
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 January 27, 2000, the Commission received a complaint from Randy Daughenbaugh, Rapid City, South Dakota, against U S WEST regarding delayed installation. The complainant alleges that he has been trying for seven months to get service provided to his new residence and that U S WEST has missed several promised installation dates. The complainant is asking for a temporary line to be installed.
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 February 01, 2000, the Commission received a complaint from Gustave Orloske, Hill City, South Dakota, against Accutel and USBI regarding unauthorized switching of services. The complainant alleges that his long distance provider was switched and he has received unauthorized charges on his phone bill. The complainant is asking that the charges be returned and thinks any changes should have to be 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?
Telecommunications
On January 3, 2000, the Commission received the application of ezTel Network Services, LLC for a Certificate of Authority to provide telecommunications services in South Dakota. ezTel Network Services, LLC seeks to provide resold intrastate interexchange telecommunications services in South Dakota. ezTel intends to offer 1+ and 101XXXX direct outbound dialing, Toll-Free inbound dialing, travel card and directory assistance services.
TODAY, shall the Commission grant a Certificate of Authority to ezTel Network Services, LLC?
On May 3, 1999, Mt. Rushmore Telephone Company and Fort Randall Telephone Company filed a combined switched access cost study similar to an interstate filing with a combined study area. The switched access rates will be used by both companies. Mt. Rushmore was granted a waiver from filing switched access cost studies in TC93-034. The filing was approved at the January 6, 2000, regular meeting. On January 13, 2000, the Commission received the revised tariff pages.
TODAY, shall the Commission approve the revised tariff pages?
On August 27, 1999, @link Networks, Inc. filed a request for a Certificate of Authority to offer resold local exchange and interexchange services to residential and business customers in South Dakota. On November 15, 1999, the Commission granted a Certificate of Authority to @link Network, Inc. subject to @link furnishing the Commission with a surety bond. On February 8, 2000, the Commission received a request from @link to amend the terms of its Certificate to exclude the filing of a surety bond.
TODAY, shall the Commission amend the Certificate of Authority of @link Network, Inc.?
On December 23, 1999, the Commission received an application of WebNet Communications, Inc. for a Certificate of Authority to provide telecommunications services in South Dakota. WebNet Communications, Inc. seeks to provide resold intrastate interexchange telecommunications services. WebNet will provide service to commercial enterprises and residential customers. WebNet does not seek authority at this time to provide any form of operator services nor any service to payphones.
TODAY, shall the Commission grant a Certificate of Authority to WebNet Communications, Inc.?
Announcements
1. Hearings for dockets CT99-082 (Beutow/OLS), CT99-067 (Ries/OLS), CT99-070 (Hansen/OLS), and CT99-080 (Enstad/OLS) will be held on February 16, 2000, at 12:30pm CST, in Room 468 of the State Capitol.
2. The Commission will hold a hearing in docket CT99-068 (Binfet/OLS) on February 17, 2000, at 10:00am CST, in the Commission's Cactus Conference Room.
3. On February 17, 2000, a hearing in docket CT99-052 (Jung/Qwest) will be held at 1:30pm CST, in Room 468 of the State Capitol.
4. The Commission offices will be closed on February 21, 2000, in observance of President's Day.
5. A hearing in docket CT99-055 (L&M Land/Accutel) will be held on February 24, 2000, at 1:30pm CST, in Room 468 of the State Capitol.
6. Commissioners and Staff will be attending a NARUC Conference March 5-9, 2000.
7. A hearing in docket CT99-050 (Sederstrom/USWC/Sprint) will be held on March 20, 2000, at 12:30pm CST, in Room 412 of the State Capitol.
8. On April 10, 2000, the Commission will hold a hearing in Sisseton for docket TC99-112 (Sale of Sisseton exchange) beginning at 1:30pm CST, at the Roberts County Courthouse.
9. The next regularly scheduled Commission meeting will be held Tuesday, February 29, 2000, at 1:30pm CST in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
Sue.Cichos@state.sd.us
February 8, 2000
