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South Dakota Public Utilities Commission Meeting
Thursday, January 3, 2002; 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 January 2, 2002.
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 December 12 and 27, 2001. (Staff: Mary Giddings.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Mary Healy.)
Staff has an update on complaints recently received.
Complainant states that on or about May 21, 2001, Xcel Energy had a tree trimming company come to his area of town and trim trees. Complainant states that when the company trimmed his tree in the front yard of his home, the tree was destroyed by cutting the tree half off. Complainant states that there are only two customers in his neighborhood that do not have buried cable. Complainant inquired about the line being buried and was told that he would have to pay $7,500.00. Complainant states that Xcel Energy does not have an easement to have the utility pole on his property. Complainant requests that Xcel Energy bury the lines at no cost or a reasonable cost to the customer. Complainant does not feel he should replace his tree because he believes that the problem will occur again when the tree trimming service happens again. On September 10, 2001, Xcel filed its answer and a request to dismiss. The Motion to Dismiss was denied at the September 18, 2001, meeting. A hearing was held on October 10, 2001.
TODAY, what is the Commission's decision?
Complainant states that her credit card was charged for unauthorized billing by Direct One Com.Long Distance. She states that she has never heard of the company and does not want their service. Complainant requests that the company not be allowed to do business in South Dakota, that the Commission fine Direct One for the harassment and fraud to the Complainant. A hearing was held on October 10, 2001. On November 8, 2001, Staff filed a Motion to Reopen the Record for the sole purpose of allowing Staff to enter the documentation showing the costs associated with appearing at the hearing. The Motion to Reopen was granted at the November 27, 2001, meeting.
TODAY, what is the Commission's decision?
Complainant alleges MCI billed the company for three months and MCI was not authorized to provide long distance services. Complainant requests a refund/credit of $121.69 in unauthorized charges and wants the account closed. Complainant requests $1000.00 as compensation for its inconvenience and requests the PUC fine MCI WorldCom for its conduct.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
Telecommunications
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.
TODAY, shall the Commission approve the proposed revenue requirement?
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.
TODAY, shall the Commission approve the proposed revenue requirement?
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.
TODAY, shall the Commission approve the proposed revenue requirement?
On September 13, 2001, the Commission received for approval a filing of Resale Interconnection Agreement between CI2 and Qwest Corporation f/k/a US West Communications, Inc. (Qwest). 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 CI2, all for the sole purpose of providing telecommunications services. Parties had until October 3, 2001, to file comments.
TODAY, shall the Commission approve the proposed agreement?
On November 7, 2001, a filing for approval of a reciprocal transport and termination agreement between Swiftel Communications (Swiftel) and McLeodUSA Telecom Development, Inc.(McLeod) and Dakota Community Telephone, Inc. (Dakota Telephone) was received by the Commission. According to the parties the Agreement is a negotiated agreement whereby the parties extend arrangements to one another allowing for the transport and termination of wireline to wireless and wireless to wireline traffic over each other's network and between each other's subscribers. McLeod and Dakota Telephone agree to offer these services to Swiftel as a CMRS. The parties also wish to establish an arrangement that compensates McLeod and Dakota Telephone for transiting traffic that originates on Swiftel's network and terminates on a third carrier's network. Parties had until November 27, 2001, to file comments.
TODAY, shall the Commission approve the proposed agreement?
On December 5, 2001, staff attorney Kelly Frazier petitioned the Commission to issue an order to show cause as to why BuyersOnLine should not be found in violation of state law for selling telecommunication services without a certificate of authority and failure to pay gross receipt taxes.
TODAY, shall the Commission issue an order to Show Cause as to why BuyersOnLine should not be found to be violation of state law?
Announcements
1. Commissioner Burg will be attending the MARC meeting in San Antonio, TX, on January 10-12, 2002.
2. A hearing in GD01-003 (Wheetco) will be held on January 16, 2002, at 1:00pm in Aberdeen.
3. Commissioners and Staff will be attending the NARUC meeting in Washington, DC, on February 10-13, 2002.
4. A hearing is scheduled in Docket NG01-010 (MidAmerican Rate Case) for February 20-21, 2002, at the King's Inn in Pierre, SD.
5. A hearing in TC01-165 (Qwest 271 Filing) will be held on April 22-26, 2002, in Room 412 of the State Capitol.
6. Commission Meetings and Hearings are being planned for February 5, and February 26, 2002.
7. The next regularly scheduled Commission meeting will be held January 24, 2002, at 2:30pm, in Room 468 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
December 27, 2001
