Commission Agendas | previous page
South Dakota Public Utilities Commission Meeting
Monday, August 4, 2003 at 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 August 1, 2003.
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 15, 2003. (Staff: Tina Douglas.)
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
Telecommunications
1. In the Matter of the Establishment of Switched Access Revenue Requirements in TC02-052, TC02-053, TC02-054, TC02-058, TC02-064, TC02-065, TC02-066, TC02-067, TC02-068, TC02- 071, TC02-072, TC02-073, TC02-074, TC02-076, TC02-077, TC02-078, TC02-079, TC02-080, TC02-087, TC02-088, TC02-089, TC02-090, and TC02-091.
TC02-052 In the Matter of the Establishment of Switched Access Revenue Requirement for West River Cooperative Telephone Company. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
TC02-065 In the Matter of the Establishment of Switched Access Revenue Requirement for Splitrock Properties, Inc. (Staff Analyst: Keith Senger, Staff Attorney: Karen Cremer)
TC02-089 In the Matter of the Establishment of Switched Access Revenue Requirement for Tri-County Telcom, Inc. (Staff Analyst: Keith Senger, Staff Attorney: Karen Cremer)
TC02-091 In the Matter of the Establishment of Switched Access Rates for South Dakota Network, LLC. Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On July 11, 2003, each of the companies filed a Motion to Dismiss and Motion for Extension of Time to Respond to Second Discovery Request with the Commission. On July 24, 2003, S&S filed its Brief in Resistance to Motion to Dismiss and Motion for Extension of Time with the Commission.
TODAY, shall the Commission grant the Motions to Dismiss? AND, shall the Commission grant extensions of time to respond to second discovery requests?
On March 14, 2003, pursuant to SDCL 49-31-3.2 and ARSD 20:10:24:11 Qwest Corporation filed with the Public Utilities Commission a request to reclassify local exchange and other related services as fully competitive in all Qwest exchanges in South Dakota. On April 15, 2003, intervention was granted to Black Hills FiberCom, LLC, Northern Valley Communications, LLC, Midcontinent Communications, PrairieWave Telecommunications, Inc., PrairieWave Community Telephone, Inc., Midstate Telecom, Inc., the South Dakota Telecommunication Association, and WorldCom. On May 22, 2003, Qwest filed its Motion to Apportion Deposit. On June 24, 2003, Qwest filed a Motion to Compel Discovery and a Motion to Reduce Time to Respond to Discovery. On June 26, 2003, PrairieWave filed a Motion for a Protective Order from the discovery sought by Qwest in its Motion to Compel. Intervenor Black Hills FiberCom, LLC filed a Response to Qwest Corporation's Motion to Compel Discovery and Motion for Protective Order on June 30, 2003. Midcontinent Communications filed a Motion for a Protective Order on July 1, 2003. Qwest's Motion to Reduce Time to Respond to Discovery was granted on July 1, 2003. Midstate Telecom, Inc. and Northern Valley Communications, LLC filed Motions for Protective Order on July 3, 2003. PrairieWave Telecommunications, Inc. filed a Motion to Dismiss on July 3, 2003. On July 8, 2003, Midcontinent Communications filed a Second Motion for a Protective Order. Qwest filed a Motion to Strike and Exclude Testimony on July 29, 2003.
TODAY, shall the Commission grant Qwest's Motion to Strike and Exclude Testimony?
3. In the Matter of the Filing for Approval of Amendments to Agreements in TC03-092, TC03-093, and TC03-102.
On June 12, 2003, the Commission received a filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation (Qwest) and TW Wireless, L.L.C. (TW Wireless). According to the parties, the Amendment is an ISP Bound Traffic Amendment to the Interconnection Agreement between Qwest and TW Wireless. This is an Amendment to the Type 2 Wireless Interconnection Agreement and is made in order to implement the requirements of the FCC Order on Remand and Report and Order in CC Docket No. 99-68 regarding intercarrier compensation for ISP bound traffic. The original agreement was approved by the Commission on February 11, 2000, in Docket No. TC99-123.
On June 12, 2003, the Commission received a filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and McLeodUSA Telecommunications Services, Inc. The original agreement was approved by the Commission on July 23, 1999, in Docket No. TC99-057. The parties entered into an Amendment No. 1 and No. 2, which was approved on September 29, 2000, in Docket No. TC00-107. According to the parties, the bill and keep provisions of Amendment No. 2 terminated on December 31, 2002. The parties have continued to treat reciprocal compensation as bill and keep on a month-to-month basis since December 31, 2002. The parties wish to amend the Agreement by extending the terms and conditions contained in Amendment No. 2.
On June 27, 2003, the Commission received a filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and MCIMetro Access Transmission Services, LLC. The original agreement was approved by the Commission on January 28, 2003, in Docket No. TC02-183. The amendment is made in order to add language regarding intercarrier compensation for Internet Service Provider (ISP) bound traffic.
TODAY, shall the Commission approve the proposed Amendments to Agreements?
On June 18, 2003, the Commission received a Filing for Approval of a Reciprocal Transport and Termination Agreement between PrairieWave Telecommunications, Inc. and WWC License L.L.C. (WWC). According to the parties, if WWC elects to replace the existing form of indirect interconnection with a two-way or one-way direct connection, the parties agree to negotiate a separate interconnection agreement related to the provision and compensation for such facilities.
TODAY, shall the Commission approve the Reciprocal Transport and Termination Agreement?
On June 19, 2003, Midcontinent Communications filed a Petition For Waiver pursuant to ARSD 20:10:33:30 with the Commission. On July 10, 2003, the South Dakota Telecommunications Association filed a Petition to Intervene with the Commission. Northern Valley Communications, L.L.C. filed a Petition to Intervene with the Commission on July 22, 2003.
TODAY, shall the Commission approve intervention for the South Dakota Telecommunications Association and Northern Valley Communications, L.L.C.? OR, shall the Commission approve the Petition for Waiver pursuant to ARSD 20:10:33:30?
On June 20, 2003, Z-Tel Communications, Inc. filed a petition to revise its South Dakota Tariff No. 3, which is its switched access tariff. Z-Tel was granted an exemption from developing company-specific cost-based switched access rates and approval of its tariff concurring in the rates of LECA Tariff No. 1 in SDPUC Docket TC01-053. Z-Tel herein seeks waivers of ARSD 20:10:27:07 and 20:10:27:12 and requests approval of a revision of its current access rates to concur with the current access rates of Qwest.
TODAY, shall the Commission approve the Revisions to the Intrastate Switched Access Tariff for Z-tel Communications, Inc.?
Motion Telecom, Inc. has filed an application for a Certificate of Authority to provide resold interexchange services, including prepaid calling card services to residential and commercial customers in South Dakota for their direct transmissions and reception of voice, data and other types of telecommunications.
TODAY, shall the Commission grant a Certificate of Authority to Motion Telecom, Inc.?
Administration
1. In the Matter of the Commission Hiring an Analyst for its Involvement in Certain Issues Before the Federal Energy Regulatory Commission Regarding Williston Basin Interstate Pipeline. (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)
Staff is proposing to hire Al Clark to perform duties as an analyst before the Federal Energy Regulatory Commission on matters regarding Williston Basin's most recently filed rate case. The Montana Consumer Counsel and the Montana Public Service Commission are again offering to share in the cost of this analysis of Williston Basin's compliance filing. The proposed contract amount for the South Dakota share is $1,500.
TODAY, shall the Commission approve entering into a contract with Al Clark, in an amount not to exceed $1,500?
Announcements
1. The next regularly scheduled Commission meeting will be held August 19, 2003, at 1:30 p.m., at Ramada Inn in Aberdeen, South Dakota.
2. Commission meetings are scheduled for September 2, and September 16, 2003.
3. A hearing in docket TC03-057 is scheduled for August 12, 13, 14, and 15, 2003, at 9:00 a.m. in Room 412 of the Capitol Building.
4. A hearing in docket TC01-098 is scheduled for September 16, 17, 18, 19, 22, 23, 24, 25, and 26, 2003, at 1:30 p.m. in Room 412 of the Capitol Building.
______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
July 30, 2003
