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South Dakota Public Utilities Commission Meeting
Thursday, December 19, 2002; 1:30 P.M.
State Capitol Building, Room 464
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 18, 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.
ADDENDUM TO THE AGENDA
Telecommunications
Complainant states that she was not told by the McLeod representative that she was signing a contract for service. She was lead to believe that she was signing a form to start service with McLeod. Also, she was not provided a copy of the said contract until after contacting the PUC. Complainant states she never would have agreed to a 60-month contract as her business is new and only has income for eight months per year. She believes that the contract indicating that she agreed to 60 months of service was altered by someone other than herself. Complainant requests that she be released from the McLeod contract without penalty.
TODAY, what is the Commission's decision?
Complainant states that it began having problems with McLeod in 2001. After Complainant relocated its business, McLeod omitted putting the Complainant's new address in the McLeod phone book. When Complainant decided to change providers, it contacted McLeod to see if it could match the offer that was made by Qwest, and McLeod did not respond to the offer. Complainant switched its local service to Qwest and left long distance and 800# with McLeod. Complainant continued to be billed for its service with McLeod and a fee for canceling its local service. Although Complainant paid its long distance charges, its service was disconnected for several days. Complainant switched its remaining service to Sprint, but McLeod would not release its 800# until it paid a termination of contract fee of $3,245.00 to McLeod. Complainant paid the fee in order to ge 800# working with Sprint. Complainant has now received another termination of contract bill from McLeod for $10,000.00. Complainant requests a refund of the termination of contract fees that it has paid, the removal of any other penalty from McLeod, and reimbursement for loss of business, down-time and inconvenience to its business.
TODAY, what is the Commission's decision?
Complainant's representative states that in September 1999, Complainant began receiving service from McLeod. Over a three year period two additional lines and internet service were added. Since 1999, different disputes arose including assessing the Complainant for Iowa sales tax which took months to get credit for; voice mail not working properly; and due to an upgrade by McLeod, the Complainant was without Toll-Free access service for many weeks. Complainant ended service with McLeod in June 2002. The final billing included a term liability charge for over $2000. Complainant's representative disputes that there was a five year contract entered into with McLeod, that the original of the contract does not list any terms and conditions, and the copy sent by McLeod to the Complainant showing the terms and conditions is dated March 2002.
TODAY, what is the Commission's decision?
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Terry Emerson
Information Systems Specialist
December 17, 2002
