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South Dakota Public Utilities Commission Meeting
Tuesday, July 24, 2001; 1:30 P.M.
State Capitol Building, Room LCR1
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 23, 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 July 6 and 10, 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 1966 consumer contacts during 2001. 90 of the complaints were received since the July 10, 2001, meeting. So far the Commission has resolved 1783 informal consumer complaints.
TELECOMMUNICATIONS: 76 of the contacts involved telecommunications. 19 contacts concerned billing issues; 3 concerned the unauthorized switch in telecommunication services; 6 concerned delayed service or delayed disconnect; 10 contacts involved telemarketers; 4 concerned buried cable; 9 contacts concerned poor service; 2 concerned Life Line; 2 contacts involved increased rates; and some of the remaining contacts involved cellular service, fees, increased rates, long distance providers and directory listings.
ELECTRICITY: 9 of the contacts involved electricity issues. 5 of the contacts concerned disconnect; 2 concerned billing issues; 1 contact concerned poor service, and 1 concerned delayed service.
NATURAL GAS: 4 of the contacts involved natural gas. 1 of the contacts concerned disconnect; 2 concerned billing issues; 1 contact concerned energy assistance.
On September 3, 1998, the Commission received a complaint by Loretta Spear against US WEST Communications (now Qwest) regarding updating lines. Complainant raises service issues including static on their lines, service disruptions, delayed repairs, and inability to receive Caller ID subscription. The Complainant requests the following relief: "Insure that credit is given for Caller ID and 3 weeks without telephone service. Also resolution to updating telephone service in the area." A hearing in this matter was held on December 15, 1998. The Commission made its decision at the July 27, 1999, regular meeting. On September 17, 1999, U S WEST filed a Petition for Reconsideration with the Commission. A hearing was scheduled and cancelled.
TODAY, Staff has an update. AND, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
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. The Commission heard the matter at the July 10, 2001, regular meeting and deferred action.
TODAY, shall the Commission grant MCI's Motion to Dismiss or in the Alternative, to Stay Further Proceedings?
4. IN THE MATTER OF DISMISSING COMPLAINTS CT00-112, CT01-008, CT01-021, CT01- 024 AND CT01-026.
The complainant alleges McLeodUSA was contacted on November 13, 2000, to report a phone outage and the phone line was not repaired until November 17, 2000. The complainant alleges the severity and urgency of his request for repairs went unheeded. He reports that being without phone service for almost five days had impacted his business revenue. The complainant is seeking monetary and punitive damages for the amount of $4890.00 for the period of time without phone service. On January 9, 2001, the Commission received a request from Mike Mattern to add Qwest Corporation as a party. On January 17, 2001, the Commission denied adding Qwest as a party. On April 19, 2001, the Commission received a Motion from McLeodUSA to add Qwest Corporation as a party. On April 21, 2001, Qwest Corporation responded, stating that it does not object to being added as a party. On May 8, 2001, Qwest was added as a party. The hearing scheduled for June 20, 2001, was cancelled.
The Complainants claim that their telecommunications services were switched without authorization. During an informal investigation of this complaint, neither PowerNet Global Communications nor Broadwing Telecommunications could provide authorization of services. Neither company accepts responsibility for the switch. The Complainants are requesting $1000 plus expenses from each company. On March 29, 2001, Broadwing Telecommunications, Inc. filed a Motion to Dismiss. On March 30, 2001, PowerNet filed a cross claim against Broadwing. On April 6, 2001, PowerNet filed an Opposition to Broadwing's Motion to Dismiss. At the April 17, 2001, regular meeting the Motion to Dismiss was denied. A hearing is scheduled for June 26, 2001, at 1:30 p.m. On June 6, 2001, PowerNet filed a Motion to Continue. On June 7, 2001, Broadwing filed a Motion to Continue. The continuance was granted on June 19, 2001. The hearing scheduled for June 26, 2001, was cancelled.
Complainants allege unauthorized switching of long distance services several times by U.S. Republic Communications, Inc. and unauthorized charges and failure to cancel account. Complainants request full reimbursement of charges and one thousand dollars for their trouble and other fines and penalties as allowed by SD law. On June 7, 2001, U.S. Republic Communications, Inc. filed a Motion for Dismissal. The Motion to Dismiss was denied on June 19, 2001. The hearing scheduled for June 20, 2001, was cancelled.
Complainant alleges that his long distance service was switched without his authorization which resulted in the unauthorized billing. Complainant is asking for $1,000.00 as provided by South Dakota law. The hearing scheduled for June 20, 20001, was cancelled.
Complainant alleges unauthorized charges for long distance phone services and deceptive marketing practices, since he was unaware that he signed up for phone services when he ordered a product. The complainant requests compensation allowed by SD law, which is $1000.00 from the company, for his time and energy spent in correcting the problem. The hearing scheduled for July 10, 2001, was cancelled.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
Electric
On May 7, 2001, the Commission received an application by Otter Tail Power Company to Revise Outdoor Lighting Tariffs by offering new additional fixtures, offering new seasonal rates and adding language to clarify terms of the tariff.
TODAY, shall the Commission approve the proposed tariff revisions?
As a result of a recent annexation, the City of Watertown has submitted a request for approval for the following service territory boundary change agreement between Codington Clark Electric Cooperative and the City of Watertown: The North 1035 feet of Government Lot 4 of Section 2, T116N, R53W of the 5th P.M., Codington County, SD; and all that part of the plat entitled "Railroad Addition in Section 2, 3 and 4, Township 116 North, Range 53 West of the 5th Principal Meridian the County of Codington" lying within the North 1035 feet of Government Lot 4 of Section 2, T116N, R53W of the 5th P.M., Codington County, SD; less the plat entitled "Lot H-3-NW1/4-2-T116N-R53W"; and subject to section line right of way.
TODAY, shall the Commission approve the proposal to modify the assigned service area?
Application by MidAmerican Energy to revise the standard bill contained in the Sample Forms section of its tariff. The changes clarify the means by which customers may contact the Company.
TODAY, shall the Commission approve the proposed tariff revisions?
Otter Tail Power Company is requesting approval of 18 revised sheets to the South Dakota Electric Tariff Rate Book. These revisions generally consist of wording changes.
TODAY, shall the Commission approve the proposed tariff revisions?
Sioux Valley-Southwestern Electric Cooperative and Kingsbury Electric Cooperative, Inc. jointly request that the Commission grant an exception to the existing electric service territory boundary. The exception would permit Kingsbury Electric Cooperative, Inc. to provide electric service to the Lon Hall residence located in the Northwest quarter of Section 6, Township 112 North, Range 52 West.
TODAY, shall the Commission approve the proposed Electric Service Territory Exception?
Sioux Valley Southwestern Electric Cooperative and Xcel Energy jointly request that the Commission grant an exception to the existing electric service territory boundary. The exception would permit Xcel Energy to provide electric service to Flack Signs and also to Lamar Outdoor Advertising for billboard locations in the SE 1/4 of the NW 1/4 south of I-90, Section 25, Township 102 North, Range 50 West.
TODAY, shall the Commission approve the proposed Electric Service Territory Exception?
Natural Gas
Application by MidAmerican Energy to revise the standard bill contained in the Sample Forms section of its tariff. The changes clarify the means by which customers may contact the Company.
TODAY, shall the Commission approve the proposed tariff revisions?
Telecommunications
Williams & Company Communications, Inc. is seeking a Certificate of Authority to provide local exchange and high speed internet access telecommunication services in South Dakota. The applicant intends to provide these services in Qwest exchanges using a combination of its own facilities, leased facilities and resale.
TODAY, shall the Commission grant a Certificate of Authority to Williams & Company Communications, Inc.?
Z-Tel Communications, Inc. has filed a request for an exemption from developing Company-specific cost-based switched access rates. The Company indicates that it does not have the available resources to prepare the type of cost study which might be used to develop switched access rates and, moreover, the expense of such a cost study would far exceed any benefit which may be derived from it. On May 30, 2001, Z-Tel filed an intrastate switched access tariff No.1 concurrent with the rates, terms and conditions of the current LECA tariff No.1 with the exceptions of the switched access rates, which are based upon a statewide average.
TODAY, shall the Commission grant the exemption from developing its switched access rates? AND, shall the Commission approve the proposed tariff filing?
Telefyne Incorporated has filed an application for a Certificate of Authority to provide interexchange telecommunications services in South Dakota. Telefyne is a reseller and intends to offer interexchange services, including 1+ and 101XXXX outbound dialing, 800/888 Toll-Free inbound dialing, directory assistance, data services, travel card service, and prepaid calling card service throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to Telefyne Inc.?
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 July 10, 2001, the South Dakota Department of Human Services and Sprint Communications, LP, were granted intervention.
TODAY, shall the Commission suspend the tariff sheets that were filed June 11, 2001? AND, shall the Commission set a hearing in this matter for September 12, 2001, in Pierre?
Three River Telco (Three River) is seeking a Certificate of Authority to provide interexchange telecommunications services throughout South Dakota. Three River intends to offer switched and dedicated interexchange services and "1+" long distance communications services suitable for voice and limited data applications
TODAY, shall the Commission grant a Certificate of Authority to Three River Long Distance?
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 $0.000725 to $0.000750. The increased rate reflects a forecasted decrease in MOU [Minutes of Use] demand. Qwest [Corporation] requests approval of these revisions on July 22, 2001."
TODAY, shall the Commission approve the proposed cost recovery true-up?
On June 22, 2001, an Adoption Agreement between Qwest Corporation (Qwest) and 1-800-Reconex, Inc. (Reconex) was filed with the Commission for approval. According to the parties the Agreement is a negotiated agreement with the parties adopting the terms and conditions of the Interconnection Agreement and any associated amendments, if applicable, between AT&T Communications of the Midwest, Inc. and Qwest Corporation f/k/a US WEST Communications, Inc. which was approved by the Commission on March 4, 1999, in TC96-184. Parties had until July 12, 2001, to file comments.
TODAY, shall the Commission approve the proposed Adoption Agreement?
On June 22, 2001, an Agreement for Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, and Resale of Telecommunication Services between Qwest Corporation (Qwest) and New Access Communications, LLC (New Access) was filed 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 New Access for the provision of local exchange services. Parties had until July 12, 2001, to file comments.
TODAY, shall the Commission approve the proposed agreement?
On June 22, 2001, an Agreement for Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, and Resale of Telecommunication Services between Qwest Corporation (Qwest) and Z-Tel Communications, Inc. (Z-Tel) 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 Z-Tel for the provision of local exchange services. Parties had until July 12, 2001, to file comments.
TODAY, shall the Commission approve the proposed agreement?
On June 27, 2001, an Adoption Agreement between Qwest Corporation (Qwest) and Preferred Carrier Services, Inc. (Preferred) was filed with the Commission for approval. According to the parties the agreement is a negotiated agreement with the parties adopting the terms and conditions of the negotiated Wireline Interconnection Agreement and any associated amendments, if applicable, between Qwest and Covad Communications Company which was approved by the Commission on November 18, 1999, in TC99-017. Parties had until July 17, 2001, to file comments.
TODAY, shall the Commission approve the proposed agreement?
On July 2, 2001, an Adoption Agreement between Qwest Corporation (Qwest) and Williams & Company Communications, Inc. (Williams) was filed with the Commission for approval. According to the parties the Agreement is a negotiated agreement with the parties adopting the terms and conditions of the Interconnection Agreement and any associated amendments, if applicable, between FiberComm, L.L.C. and Qwest Corporation f/k/a US WEST Communications, Inc. which was approved by the Commission on March 30, 1999 in TC98-186. Parties have until July 23, 2001, to file comments.
TODAY, shall the Commission approve the proposed agreement?
On July 2, 2001, Qwest Corporation filed revisions to its Exchange and Network Services Tariff for approval. These revisions increase the Federal Telephone Assistance Plan credit from $6.10 to $6.75 to offset the $.65 increase in the Residence Subscriber Line Charge.
TODAY, shall the Commission approve the proposed tariff changes?
13. IN THE MATTER OF ASSESSING FILING FEES FOR EACH OF THE FOLLOWING SWITCHED ACCESS DOCKET FILINGS:
Western Telephone Company, Faulkton, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
Kennebec Telephone Company, Kennebec, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
Beresford Municipal Telephone Company filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
Cheyenne River Sioux Tribe Telephone Authority, Eagle e, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
Vivian Telephone Company, Wall, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
Golden West Telecommunications Cooperative, Inc., Wall, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
TC01-078 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR SANBORN TELEPHONE COOPERATIVE AND SANCOM, INC. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)
Sanborn Telephone Cooperative and SANCOM, Inc., Woonsocket, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
Splitrock Properties, Inc., Garretson, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
Sully Buttes Telephone Cooperative, Inc., Highmore, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
James Valley Cooperative Telephone Company and Accent Communications, Groton, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
Stockholm-Strandburg Telephone Co. filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
West River Telecommunications Cooperative, Hazen, North Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. In accordance with ARSD 20:10:27:10, West River Telecommunications Cooperative requests that the Commission allow the use of GVNW's cost study model as opposed to the Commission model for determining West River Telecommunications Cooperative's revenue requirement. No parties have filed to intervene.
Mobridge Telecommunications, Hazen, North Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. In accordance with ARSD 20:10:27:10, Mobridge Telecommunications requests that the Commission allow the use of GVNW's cost study model as opposed to the Commission model for determining Mobridge Telecommunications' revenue requirement. No parties have filed to intervene.
Midstate Communications, Inc., Kimball, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
Valley Telecom Cooperative Association, Herreid, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
The Local Exchange Carrier Association filed tariff sheets implementing the switched access rates necessitated by revisions to its member companies' revenue requirements and switched access minutes of use. No parties have filed to intervene.
TODAY, shall the Commission assess a filing fee in each of the above Dockets not to exceed $100,000 with an initial deposit of $750?
Announcements
1. Commissioners and Staff will be attending the NARUC Summer Meetings July 15-19, 2001.
2. Hearing are scheduled in Dockets CC01-001 and CT01-027 for August 16, 2001, beginning at 1:30pm in Room 412 of the State Capitol.
3 A hearing for Dockets TC00-004 (OLS) is scheduled for August 29, 2001, beginning at 9:00am in Room 412 of the State Capitol.
4. A Commission meeting and hearings are being scheduled for September 5, 2001.
5. The next regularly scheduled Commission meeting will be held August 16, 2001, at 9:30am, in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
July 17, 2001
