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Please see Addendum to this Agenda
South Dakota Public Utilities Commission Meeting
Tuesday, December 12, 2000; 2:00 P.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 December 11, 2000.
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 November 30 and December 1, 2000. (Staff: Mary Giddings.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)
The Commission has received 2103 consumer contacts during 2000. 93 contacts have been received since the last Commission meeting.
TELECOMMUNICATIONS: 72 of the contacts involved telecommunications. 19 of the contacts involved the unauthorized switching of long distance service; 9 contacts concerned billing issues; 6 contacts concerned raising rates without notice; 6 contacts concerned poor service; 4 contacts involved billing for unauthorized services; 4 contacts involved telemarketers; 4 contacts concerned outages; and the remaining issues involved annoyance calls, cellular service, collect calls, credit, cable cut, deposit, disconnections, fees, identity theft, delayed installation, no internet access, and old lines.
ELECTRICITY: 12 of the contacts involved electricity issues. 8 of the contacts involved disconnections; and the remaining issues were estimated billings, high bills, and poor service.
NATURAL GAS: 9 contacts involving natural gas were reported. 3 of the contacts concerned high prices; 2 of the contacts involved billing issues; and the remaining issues were credit, disconnection, and no fuel.
1851 complaints have been resolved informally during 2000.
2. IN THE MATTER OF DISMISSING COMPLAINTS CT00-060, CT00-068, CT00-084, CT00-090, CT00-104, and CT00-106.
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 rerated 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. At the September 26, 2000, regular meeting, I-link was added as a party. A hearing in this matter is scheduled for December 11, 2000. The hearing was cancelled.
The Complainant claims that WorldCom Network charged her for long distance service without authorization. The Complainant requests credit and compensation.
WorldCom was named as the Respondent in CT00-068, Janette Ball vs. WorldCom. WorldCom has filed a complaint against U S WEST relating to issues within CT00-068.
The Complainants claim that they did not authorize a switch in service. They received billings from AT&T although AT&T claims that the St. Gemme family is not a customer of AT&T. The Complainants are seeking a final resolution to this issue. On September 13, 2000, the Commission added Qwest as a party. A hearing was scheduled for November 2, 2000. The hearing was cancelled.
The Complainant alleges that when she established new telephone services she was switched to AT&T without her authorization. She had selected another long distance carrier. The Complainant requests compensation for the unauthorized switching and for her AT&T charges to be rerated to the rate her selected carrier would have charged.
The Complainants indicate that for several months they have been double billed by Excel and Midstate for the same calls. They did not authorize Excel. They are seeking appropriate remedies.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
Electric
The City of Pierre has submitted an application for a permit to construct transmission facilities as defined at SDCL 49-41B-2(9)(b). These facilities consist of approximately 4.03 miles of new 115 kilovolt (kV) electric transmission line and associated terminal facilities between the City's Ash Substation and the Western Area Power Administration Oahe-Pierre 115kV line. In addition, a 0.80 mile segment of the City's Ash to Evans 115kV transmission line would be relocated to a new route and constructed on new structures. Both transmission lines are located in Hughes County, South Dakota.
TODAY, if a settlement has been reached, shall the Commission approve the proposed agreement?
Telecommunications
A November 15, 1999, meeting, the Commission voted to issue Orders to Show Cause against Western Telecom and Touchtone Communications as to why Western Telecom and Touchtone Communication should not be assessed civil fines or other penalties for violations of South Dakota laws. The Commission also ordered the company to submit a complete listing of South Dakota customers.
TODAY, shall the Commission approve the resolution of this matter by Staff and, if so, close the docket?
An interconnection agreement between Healthcare Liability Management Corporation and U S WEST Communications, Inc. has been filed with the Commission for approval pursuant to 47 U.S.C. Section 252(e). The agreement purports to adopt, in its entirety, the previously arbitrated and approved AT&T Communications of the Midwest, Inc. interconnection agreement which was approved by the Commission on March 4, 1999, in Docket TC96-184.
TODAY, shall the Commission approve the proposed interconnection agreement?
A negotiated resale interconnection agreement between U S WEST Communications, Inc. and NOW Communications, Inc. was filed for approval pursuant to 47 U.S.C. Section 252(e). The resale agreement will provide for the resale of local telecommunications services within the geographical areas where U S WEST is the incumbent local exchange carrier.
TODAY, shall the Commission approve the proposed resale agreement?
Baltic Telecom Cooperative filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association.
TODAY, shall the Commission approve the revenue requirement?
South Dakota Network filed a cost study revenue requirement and a tariff sheet revision for a rate reduction in switched transport. South Dakota Network requested an effective date of August 1, 2000.
TODAY, shall the Commission approve the revenue requirement?
S&S Communications/Alterna-Cell (S&S) is seeking a Certificate of Authority to provide resold and facilities based interexchange telecommunications services in South Dakota. The applicant intends to offer interstate and intrastate long distance, voice mail services, 800 number services, and calling card services. S&S does not intend to provide operator services, which will be provided by S&S's underlying carriers and/or applicable local exchange carriers.
TODAY shall the Commission grant S&S Communications/Alterna-Cell a Certificate of Authority?
A Resale Interconnection Agreement between Qwest Corporation and DPI Teleconnect, L.L.C. was filed with the Commission for approval. The agreement is a negotiated agreement setting forth certain arrangements to provide, within the geographical areas where Qwest is the incumbent local exchange carrier, the unbundled network element platform and/or services for resale of local telecommunications services. Parties had until September 19, 2000, to comment. Parties to the agreement may file written responses to the comments no later than twenty days after the service of the initial comments.
TODAY, shall the Commission approve the proposed resale agreement?
Valley Telecommunications Cooperative Association, Inc. and West River Telecommunications Cooperative filed a joint application for approval of a boundary change between the Mobridge and Glenham Exchanges. The proposed change moves the staggered and inconsistent boundary lines to section lines
or county roads.
TODAY, shall the Commission approve the proposed boundary change?
A Resale Interconnection Agreement between Qwest Corporation (Qwest) and Choctaw Communications, Inc. d/b/a Smoke Signal Communications (Smoke Signal) was filed with the Commission for approval. The agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will provide services for resale to Smoke Signal for the provision of local exchange service. Parties had until October 24, 2000, to comment. Parties to the agreement may file written responses to the comments no later than twenty days after the service of the initial comments.
TODAY, shall the Commission approve the proposed resale agreement?
Ionex Communications North, Inc. (Ionex) is seeking an amended Certificate of Authority to provide facilities-based local exchange service in South Dakota. Ionex is a South Dakota corporation authorized to provide - and currently is providing - resale local exchange and interexchange telecommunications services in the state.
TODAY, shall the Commission grant an Amended Certificate of Authority to Ionex Communications North, Inc.?
Qwest Corporation filed a confidential True-Up Study supporting the implementation of a revised Equal Access and Network Reconfiguration Recovery Charge (EANRC) to the Switched Access Tariff. "The EANRC price will change from $0.001108 to $0.000874. The decrease in price is due to an increase in demand from what was originally forecasted. Qwest [Corporation] requests approval of these revisions on January 1, 2001."
TODAY, shall the Commission approve the proposed cost recovery true-up?
Global TeleLink Services, Inc. (Global) is seeking a Certificate of Authority to provide local exchange and intrastate interexchange service in South Dakota. Global intends to provide a wide variety of traditional local voice and data telecommunications services to consumers and other telecommunications carriers in South Dakota. These services may include single and multi-line residential and business services, CENTREX, high-capacity private line, ISDN, digital subscriber line, frame relay services, directory listing, and optional CLASS service features. On December 1, 2000, SDITC filed a Petition to Intervene in this matter.
TODAY, shall the Commission grant SDITC intervention?
Black Hills FiberCom filed an application with the Commission for approval of its Intrastate Switched Access Tariff No. 1. The tariff filing is in concurrence with the rates, terms and conditions of the current LECA Tarifff No. 1, with the exception of the switched access rates which are based on a statewide average. The company is also requesting that the Commission exempt it from the requirement to develop intrastate switched access rates based on company specific costs. The company requested an effective date of November 22, 2000.
TODAY, shall the Commission approve the proposed filing?
Announcements
1. On December 12, 2000, the hearing in Docket CT00-091 (Briggs) will be held at 9am in Room 412 of the State Capitol.
2. A hearing for Docket EL00-023 is scheduled to begin at 3pm on December 14, 2000, in Room 412 of the State Capitol Building.
3. On December 15, 2000, a hearing will be held in Docket CT00-107 (Johnson) at 1:30pm in Room 412 of the State Capitol Building.
4. A hearing in Docket CT00-108 (Douville) is being scheduled for January 3, 2001.
5. A Commission meeting and hearings are being scheduled for January 17, 2001.
6. A hearing for Docket CT00-055 (BH FiberCom/Qwest) is scheduled for January 18, 2001, at 9am, at the Chamber of Commerce Meeting Room, 800 West Dakota, in Pierre.
7. The next regularly scheduled Commission meeting will be held January 4, 2001, at 1:30pm, in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
December 5, 2000
