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South Dakota Public Utilities Commission Meeting
Tuesday, July 10, 2001; 1:30 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 July 9, 2001.
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 June 19, 20, and 26, 2001. (Staff: Mary Giddings.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Mary Healy.)
The Commission has received 1875 consumer contacts during 2001. 246 of the complaints were received since the June 19, 2001, meeting. So far the Commission has resolved 1732 informal consumer complaints.
TELECOMMUNICATIONS: 186 of the contacts involved telecommunications. 42 contacts concerned billing issues; 16 concerned the unauthorized switch in telecommunication services; 9 concerned delayed service or delayed disconnect; 14 contacts involved telemarketers; 5 concerned disconnects; 21 contacts concerned poor service; 7 concerned Life Line/Link Up; 9 contacts involved increased rates; and some of the remaining contacts involved cellular service, fees, buried cables and deposits.
ELECTRICITY: 35 of the contacts involved electricity issues. 15 of the contacts concerned disconnect; 8 concerned billing issues; 3 contacts concerned poor service; and some of the remaining contacts involved property damage, meter readings and municipal utilities.
NATURAL GAS: 19 of the contacts involved natural gas. 10 of the contacts concerned disconnect; 6 concerned billing issues; 2 contacts concerned high gas prices, and 1 concerned poor service.
2. IN THE MATTER OF DISMISSING CT01-017 and CT01-022.
The Complainant alleges that his long distance service was "slammed" by WebNet. Complainant requests that WebNet pay him the maximum amount allowed under South Dakota law and that he be reimbursed for any expenses he may have incurred while trying to settle this complaint.
Complainant alleges that she never ordered or approved long distance service with WebNet (ILD). Complainant believes these companies should pay for their dishonest business practices and she is asking for $1000 restitution as provided by SD law. On June 4, 2001, WebNet Communications, Inc. filed a Motion to Dismiss. At the June 19, 2001, regular meeting, the Commission denied the Motion to Dismiss.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
Complainant alleges that MCIWorldCom (MCI) has overbilled S&S Communications' (S&S) corporate account for the months of January through November 2000; MCI has direct billed S&S customers for unauthorized service at casual rates; MCI has provided poor service, slow or no switching of S&S subscriber base orders, not provided MCI LOA forms and proper information; MCI has stalled and mis-provisioned S&S dedicated T-1 facilities; MCI has frozen S&S service orders and its corporate account; and that MCI has performed in an overall unethical manner in its treatment of S&S and its customers. The complainant requests that MCI refund or credit S&S for the over- charges; refund all monies that S&S paid as a result of the alleged unauthorized direct billings of its customers; that the Commission hold MCI accountable for its actions according to state and federal law; compensation for the delay in transitioning its dedicated facilities; that MCI compensate S&S for administration costs, lost revenues, and expenses relating to the complaint issue; and that the Commission bar MCI from disconnecting S&S and its customers before the Commission can rule on the merits of the complaint filed. On June 25, 2001, MCI filed a Motion to Dismiss or in the Alternative, to Stay Further Proceedings.
TODAY, shall the Commission grant MCI's Motion to Dismiss or in the Alternative, to Stay Further Proceedings?
Electric
Application by Montana-Dakota Utilities Co. for approval to revise Occasional Power Purchase Non-Time Differentiated Rate 95, Short-Term Power Purchase Time Differentiated Rate 96 and Long-Term Power Purchase Time Differentiated Rate 97. These Rates are proposed to be updated pursuant to the Commission's Order in Docket F-3365 which ordered annual review and revision.
TODAY, shall the Commission approve the proposed Purchase Time rates?
Telecommunications
On March 5, 2001, a First Amendment to the Interconnection Agreement between Qwest Corporation (Qwest) and CommChoice, LLC (CommChoice) was filed with the Commission for approval. The agreement is a negotiated agreement with the parties adopting the negotiated interconnection agreement between Qwest and CommChoice which was approved by the Commission effective June 19, 1998, in TC98-075. According to the parties the Amendment is made in order to replace the Interim Line Sharing Agreement CommChoice entered into on May 19, 2000, and to add terms, conditions and rates for Line Sharing as set forth in Attachment 1 to the Amendment. Parties had until March 26, 2001, to file comments.
TODAY, shall the Commission approve the proposed amendment to the interconnection agreement?
On March 09, 2001, an Agreement for Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunications Services between Qwest Corporation (Qwest) and FiberComm, L.C. (FiberComm) was filed with the Commission for approval. According to the parties the agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will provide services for resale to FiberComm for the provision of local exchange services. Parties had until March 29, 2001, to file comments.
TODAY, shall the Commission approve the proposed interconnection agreement?
Comtel Network, LLC (Comtel) is seeking a Certificate of Authority to provide resold intrastate telecommunications services within the state of South Dakota. Comtel intends to provide message toll service, incoming 800/888 and travel card services.
TODAY, shall the Commission grant a Certificate of Authority to Comtel Network, LLC?
4. TC01-030 IN THE MATTER OF THE FILING FOR APPROVAL OF A RESALE AGREEMENT BETWEEN QWEST CORPORATION AND DIGITAL TELECOMMUNICATIONS, INC. (Staff Attorney: Kelly Frazier.)
On March 26, 2001 an agreement for resale between Qwest Corporation (Qwest) and Digital Telecommunications, Inc. (Digital) was filed with the Commission for approval. According to the parties the agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will provide services for resale to Digital for the provision of local exchange services. Parties had until April 16, 2001, to file comments.
TODAY, shall the Commission approve the proposed resale agreement?
5. TC01-031 IN THE MATTER OF THE FILING FOR APPROVAL OF AN AGREEMENT FOR TERMS AND CONDITIONS FOR INTERCONNECTION, UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVICES AND RESALE OF TELECOMMUNICATIONS SERVICES BETWEEN QWEST CORPORATION AND TELEPHONE COMPANY OF CENTRAL FLORIDA, INC. (Staff Attorney: Kelly Frazier.)
On March 26, 2001, a wireline interconnection agreement between Qwest Corporation (Qwest) and Telephone Company of Central Florida, Inc. (Telephone Company) was filed with the Commission for approval. According to the parties the agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will provide services for resale to Telephone Company for the provision of local exchange services. Parties had until April 16, 2001 to file comments.
TODAY, shall the Commission approve the proposed interconnection agreement?
On April 16, 2001, a Resale Agreement between Qwest Corporation (Qwest) and American Prepaid Telephone Service, LLC d/b/a South Dakota Prepaid Telephone Service was filed with the Commission for approval. According to the parties the agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will provide services for resale to South Dakota Prepaid Telephone Service for the provision of local exchange services. Parties had until May 7, 2001, to file comments.
TODAY, shall the Commission approve the proposed resale agreement?
7. TC01-046 IN THE MATTER OF THE FILING FOR APPROVAL OF A SPOP AMENDMENT TO AN INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION AND SPRINT COMMUNICATIONS COMPANY L.P. (Staff Attorney: Kelly Frazier.)
On May 2, 2001, a docket was opened by the Commission to consider the approval of a SPOP Amendment to an Interconnection Agreement between Qwest Corporation and Sprint Communications Company L.P. The Agreement is a negotiated agreement between the parties and was originally approved by the Commission effective November 21, 1997, in Docket TC97-149. According to the parties the Amendment is made to add terms and conditions for Single Point of Presence (SPOP) in the LATA as set forth in Attachment 1 and Exhibit A attached to the Amendment. Parties had until May 22, 2001, to file comments.
TODAY, shall the Commission approve the proposed amendment to the interconnection agreement?
McLeodUSA submitted an application for approval of a local calling area that is different than provided by Qwest. The areas included are Belle Fourche, Black Hawk, Deadwood, Lead, Piedmont, Hill City, Spearfish, Keystone, St. Onge, Whitewood, Hermosa, Sturgis, West Belle Fourche, Wyoming and West Spearfish, Wyoming.
TODAY, shall the Commission approve the proposed local calling area change?
GE Capital Telemanagement Services Corporation (GECTS) is seeking a transfer of GE Capital Communication Services Corporation's (GECCS) interexchange Certificate of Authority. GECTS intends to adopt GECCS's tariff. On July 2, 2001, GECTS asked for a new COA as a switch based long distance reseller in South Dakota in lieu of the transfer from GE Capital Communication Services as originally requested.
TODAY, shall the Commission grant a Certificate of Authority to GECTS?
On May 11, 2001 a docket was opened by the Commission to consider the approval of an Amendment regarding Enhanced Extended Loop ("EEL"), Local Number Portability (LNP") Managed Cuts; x-DSL-I and Express Entry Facilities to the Interconnection Agreement between Integra Telecom of South Dakota, Inc. ("Integra") and Qwest Corporation ("Qwest") for approval by the Commission. According to the parties the Agreement is a negotiated agreement with the parties adopting the negotiated interconnection agreement between Integra and Qwest which was approved by the Commission effective August 25, 2000. This Amendment is made in order to add terms, conditions and rates for EEL, LNP Managed Cuts; x-DSL-I and Express Entry Facilities to the Agreement, as set forth in Attachment 1, Exhibit A and Exhibit B, to this Amendment. Parties had until May 31, 2001, to file comments.
TODAY, shall the Commission approve the proposed amendment to the interconnection agreement?
11. TC01-054 IN THE MATTER OF THE FILING FOR APPROVAL OF AN AGREEMENT FOR TERMS AND CONDITIONS FOR INTERCONNECTION, UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVICES, AND RESALE OF TELECOMMUNICATION SERVICES BETWEEN QWEST CORPORATION AND 360NETWORKS (USA) INC. (Staff Attorney: Kelly Frazier.)
On May 25, 2001, the Commission received a filing for Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunications Services Provided by Qwest Corporation (Qwest) and 360networks (USA), Inc. According to the parties the Agreement is a negotiated agreement which sets forth terms, conditions and prices under which Qwest will provide services for resale to 360networks for the provision of local exchange services. Parties had until June 14, 2001, to file comments.
TODAY, shall the Commission approve the proposed interconnection agreement?
12. TC01-055 IN THE MATTER OF THE APPLICATION OF KMC DATA, LLC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES AND LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)
KMC Data, LLC is seeking a Certificate of Authority to provide interexchange and local exchange telecommunication services in South Dakota. The applicant intends to provide services on a facilities based and resale basis.
TODAY, shall the Commission grant a Certificate of Authority to KMC Data, LLC?
Network US, Inc. d/b/a CA Affinity (Affinity) is seeking a Certificate of Authority to provide interexchange telecommunications services throughout South Dakota. Affinity intends to offer Message Toll Service, Incoming 800/888, and Travel Card Services.
TODAY, shall the Commission grant a Certificate of Authority to Network US, Inc.?
14. TC01-059 IN THE MATTER OF THE FILING BY QWEST CORPORATION FOR APPROVAL OF REVISIONS TO ITS EXCHANGE AND NETWORK SERVICES CATALOG. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)
On June 11, 2001, Qwest Corporation filed revisions to its Exchange and Network Services Catalog for approval. The purpose of the revisions is to introduce N11 service. The specific N11 services being deployed are 211 - public, health, and community services; 311 - non-emergency police, fire, and municipal business; 511 - road and traffic conditions; and 711 - telecommunications relay service for the speech and hearing impaired. Qwest is requesting that these services be accorded a fully competitive status. Qwest is also asking for an effective date as early as possible after June 29, 2001. On June 28, 2001, the South Dakota Department of Human Services filed a letter of objection. On June 29, 2001, Sprint Communications, LP, filed a Motion to Intervene.
TODAY, shall the Commission grant intervention to any parties who have filed?
Reduced Rate Long Distance, LLC is seeking a Certificate of Authority to provide interexchange telecommunication services in South Dakota. The applicant intends to provide resold services including Message Toll, Incoming 800/888 and Travel Card services.
TODAY, shall the Commission grant a Certificate of Authority to Reduced Rate Long Distance, LLC?
On June 13, 2001 the Commission received a filing for approval of an Amendment re: Single Point of Presence (SPOP) to the Local Interconnection Agreement between McLeodUSA Telecommunications Services, Inc. (McLeodUSA) and Qwest Corporation (Qwest) f/k/a US West Communications, Inc.. According to the parties the agreement is a negotiated agreement with the parties adopting the negotiated interconnection agreement between McLeodUSA and Qwest which was approved by the Commission effective July 23, 1999 in Docket TC99-057. The Amendment is made in order to add terms and conditions for Single Point of Presence (SPOP) in the LATA, to the Agreement, as set forth in Attachment 1 and Exhibit A attached to the Amendment. Parties had until July 3, 2001, to file comments.
TODAY, shall the Commission approve the proposed amendment to the interconnection agreement?
Announcements
1. Commissioners and Staff will be attending the NARUC Summer Meetings July 15-19, 2001.
2. A Commission meeting and hearings are being scheduled for August 16, 2001.
3. The next regularly scheduled Commission meeting will be held July 24, 2001, at 1:30pm, in Room LCR1 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
July 3, 2001
