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South Dakota Public Utilities Commission Meeting
Tuesday, September 26, 2000; 9:30 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 September 25, 2000. PLEASE DON'T WAIT until the day of the meeting to contact us for the conference call.
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 September 13, 2000. (Staff: Mary Giddings.)
Consumer Issues
1. IN THE MATTER OF DISMISSING CT00-092 AND CT00-097.
The complainants allege that their phone service was switched without authorization and that they continued to receive bills after the account had been closed. The complainants request that all Sprint charges be cancelled, to reinstate their good credit rating and compensation of $500.00 by Sprint for the unauthorized switch if a hearing is not required. If a hearing is held they are requesting $1000.00 compensation to have the matter resolved.
The Complainant claims that his telecommunications service was switched without authorization. He is requesting $1000 for his inconvenience.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
On March 14, 2000, Black Hills FiberCom, L.L.C. (FiberCom) filed a complaint with this Commission. The complaint was forwarded to U S WEST Communications, Inc. (U S WEST) on March 15, 2000, to attempt to resolve the complaint informally. The informal attempt to resolve the complaint was not successful within the requested time frame: the complaint was formally docketed on March 29, 2000. FiberCom is of the information and belief that as early as the fall of 1999, U S WEST conducted, and continues to conduct, an unlawful pricing and promotion campaign within the local exchange area serviced concurrently by U S WEST and FiberCom. On August 16, 2000, U S WEST (now Qwest), filed a Motion to Dismiss or Alternatively for Summary Judgment.
TODAY, shall the Commission grant the Motion to Dismiss or Alternatively for Summary Judgment?
The Complainants, Don and Judy Blindauer, allege that they received charges for long distance out of state phone service from Sprint on their December phone bill. They never authorized Sprint to be a carrier and they had a "freeze" on their phone service to prevent being slammed. The charges from Sprint were high, ranging from .57 cents per minute to $3.09 per minute. They received another bill from Sprint in February and they continue to get bills from their chosen carrier I-Link. The complainants are requesting that the Sprint rates be re-rated to the charges they would have received with I-Link and that they be paid $1000.00 for the inconvenience. The complainants would like to see Sprint heavily fined in order to put a stop to this type of thing. The complainants want to be sure that Sprint is off of their phone service and if they have to attend a hearing in Pierre, they feel that Sprint should have to pay their expenses. On August 9, 2000, U S WEST (now Qwest) was added as a party. On September 14, 2000, the Commission received a Motion to add I-link Communications, Inc. as a party.
TODAY, shall the Commission add I-link Communications, Inc.? If granted, shall the Commission reschedule the hearing for November 29, 2000?
The Complainant alleges that his telecommunications service was switched without authorization. He is requesting credit for all charges. On September 1, 2000, AT&T filed a Motion to Dismiss.
TODAY, shall the Commission grant the Motion to Dismiss?
Electric
Watertown Municipal Utilities Department has purchased 2.7 miles of electric distribution system on the east side of Watertown from Codington Clark Electric Cooperative. Watertown Municipal Utilities Department and Codington Clark Electric Cooperative are jointly requesting an exception to assigned service territory for the services on the portion of the electric distribution system purchased by Watertown Municipal Utilities.
TODAY, shall the Commission approve the proposed Assigned Service Territory Exception?
Natural Gas
Application by MidAmerican Energy to refund amounts related to Kansas Ad Valorem taxes paid from 1983 to 1988. The refund is a result of Kansas property taxes being added to natural gas prices resulting in prices that exceeded the maximum lawful price of natural gas pursuant to the Natural Gas Policy Act of 1978. MidAmerican previously requested deferral of this refund until a final determination of the refund amount was decided by the Federal Energy Regulatory Commission (FERC) or the courts. MidAmerican is now filing a refund plan to initiate the refund at this time subject to true up of the final amount as determined by the FERC, the courts or a settlement of the parties in this matter.
TODAY, shall the Commission approve the proposed Refund Plan for 2000 Distribution of Kansas Ad Valorem Tax Refund?
Telecommunications
The Volunteer & Information Center (VIC) has filed an application for the assignment of the 211 dialing code to VIC's HELPline. HELPline is a 24-hour information/crisis telephone line that provides the general public with access to community resources. VIC proposes that this service would be available for the following Sioux Falls center office codes: 241, 321, 322, 330, 331, 332, 333, 334, 335, 336, 338, 339, 351, 357, 359, 360, 361, 362, 366, 367, 370, 371, 373, 430, 444, 575, 929, 940, 978, 988. On April 13, 2000, Gemini Companies, SDITC and U S WEST (now Qwest) were granted intervention.
TODAY, how shall the Commission proceed?
RapTel Communications, LLC has filed a request for a Certificate of Authority to offer resold non-facilities-based interexchange telecommunications services throughout South Dakota. RapTel proposes to acquire and resell various voice and data communications services offered by interexchange carriers, and to package and provide these services for the specialized functions and needs of its customers.
TODAY, shall the Commission grant a Certificate of Authority to RapTel?
A first and second amendment to an interconnection agreement between McLeodUSA and U S WEST Communications, Inc. was filed with the Commission. The First Amendment will add terms, conditions and rates with regard to Unbundled Network Elements and the Second Amendment will add Reciprocal Compensation language to the original agreement. Parties had until July 24, 2000, to file comments.
TODAY, shall the Commission approve the interconnection agreement amendments?
A paging connection agreement between U S WEST Communications, Inc. and Arch Paging, Inc. and Mobile Communications Corporation of America was filed with the Commission. The agreement is a negotiated agreement covering both Type 1 and Type 2 paging connection service, which consists only of those one-way facilities and services that are provisioned by U S WEST for the sole purpose of delivering one-way, land-to-pager traffic sent by U S WEST's end users and Transit Traffic to Paging Providers. The agreement also sets forth the terms, conditions and prices under which the parties agree to interconnect and pay reciprocal compensation for the exchange of local traffic. Parties had until July 25, 2000, to file comments.
TODAY, shall the Commission approve the proposed connection agreement?
A third amendment to the interconnection agreement between McLeodUSA Telecommunications Services, Inc. and Qwest Corporation (formerly U S WEST Communications, Inc.) has been filed with the Commission. The Commission approved the original interconnection agreement between the two providers in Docket TC99-057. The Third Amendment will add terms, conditions and rates for Load Coils/Bridge Taps and DS3 Capable Loop to the original agreement. Parties had until August 28, 2000, to file comments.
TODAY, shall the Commission approve the proposed third amendment?
Cybertel, Communications Corp. is seeking a Certificate of Authority to provide resold interexchange telecommunication services in South Dakota. The applicant intends to offer message toll service, incoming 800/888, and travel card services.
TODAY, shall the Commission grant a Certificate of Authority to Cybertel?
Zone Telecom, Inc. is seeking a Certificate of Authority to provide facilities-based and resold intrastate interexchange and alternative operator telecommunications services in South Dakota. The applicant intends to provide a variety of competitive telecommunications services including prepaid calling cards, retail and wholesale interLATA private line, retail and wholesale calling cards, retail and wholesale switched interLATA long distance, and operator services.
TODAY, shall the Commission grant a Certificate of Authority to Zone Telecom, Inc.?
On August 29, 2000, the Local Exchange Carriers Association (LECA) filed revised pages of its Tariff No. 1. The purpose of the revisions is to reflect additional exchanges participating in the tariff and a few minor textual changes.
TODAY, shall the Commission approve the proposed revised tariff?
A first amendment to an interconnection agreement between Qwest Corporation and Brookings Municipal Utilities Telephone Department d.b.a. Swiftel Communications has been filed with the Commission for approval. The original agreement was approved by the Commission in Docket TC98-204 and was effective February 18, 1999. The First Amendment will include the Terms and Conditions for Inter Local Calling Area (InterLCA Facility). Parties had until September 19, 2000, to file comments.
TODAY, shall the Commission approve the proposed amended interconnection agreement?
A Resale Interconnection Agreement between Qwest Corporation and @link Networks, Inc. was filed with the Commission for approval. The agreement is a negotiated agreement wherein the parties set forth terms, conditions and prices for provisioning services for resale and certain unbundled network elements, ancillary functions and additional features. The agreement also sets forth terms, conditions and prices under which the parties agree to interconnect and pay reciprocal compensation for exchange of local traffic. Parties have until September 21, 2000, to file comments.
TODAY, shall the Commission approve the interconnection agreement?
Announcements
1. A hearing is scheduled for September 26, 2000, in Docket CT00-088 (DeWitt), at 1:30pm in Room 412 of the State Capitol.
2. On October 3, 2000, a hearing will be held in Docket CT00-089 (Christensen/Sprint) in the State Capitol.
3. A hearing will be held on October 5, 2000, at 10:00am, in Room 412 of the State Capitol, for Docket EL00-026 (Xcel v Southeastern Co-op).
4. A hearing is scheduled in Docket CT00-085 (Sheehy/Business Options) for October 11, 2000, at 1:30pm, in Room 412 of the State Capitol.
5. The Public Input Meeting for the City of Pierre transmission line construction (EL00-023) is scheduled for October 16, 2000, at 7:00pm, in the Visitors Center of the State Capitol in Pierre.
6. A hearing is being scheduled for November 2, 2000, for Docket CT00-090 (St. Gemme) in Pierre.
7. Commission meetings and hearings are being scheduled for October 17, and November 2, 2000.
8. The next regularly scheduled Commission meeting will be held October 3, 2000, at 1:30pm, in Room 412 of the State Capitol Building.
Sue Cichos, Deputy Executive Director
sue.cichos@puc.state.sd.us
September 19, 2000
