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South Dakota Public Utilities Commission Meeting
Tuesday, December 17, 2002; 1:30 P.M.
Ronning Branch Library Meeting Room, 3100 East 49th Street, Sioux Falls, 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 16, 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 AD HOC MEETING

Consumer Issues

1. CT02-021 IN THE MATTER OF THE COMPLAINT FILED BY CHRISTOPHER A. CUTLER ON BEHALF OF RECREATIONAL ADVENTURES CO., HILL CITY, SOUTH DAKOTA, AGAINST AT&T COMMUNICATIONS OF THE MIDWEST, INC. REGARDING FAILURE TO PROVIDE SERVICE. (Staff Analyst: Mary Healy, Staff Attorney: Karen Cremer.)

Christopher Cutler states that in March 2002, Complainant entered into an agreement with AT&T to receive Fragmented T1 service. On more than one occasion, the AT&T representative assured the Complainant that AT&T could provide this service. Complainant has now been informed that AT&T cannot provide the Fragmented T1 service. Complainant states that it has invested more than $150,000.00 in its business to utilize the Fragmented T1 service. Complainant requests that AT&T provide the Fragmented T1 service that stated it could provide. If the service cannot be provided, Complainant would be willing to negotiate a settlement with AT&T for the expenses the Complainant has incurred. Complainant feels that AT&T should put forth some form of effort to resolve this complaint. On October 24, 2002, AT&T filed a Motion to Dismiss or in the Alternative for Summary Judgment. On December 9, 2002, AT&T filed a Motion for Continuance because of a change of counsel in the case.

TODAY, shall the Commission grant AT&T's Motion for Continuance?

Terri J. Iverson
Finance Officer
terri.iverson@state.sd.us
December 12, 2002