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Please also see Addendum to this Agenda
South Dakota Public Utilities Commission Meeting
Tuesday, August 19, 2003 at 1:30 P.M.
Ramada Inn, Room A
Aberdeen, 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 18, 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 August 4, 2003. (Staff: Tina Douglas.)
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
2. CT02-039 In the Matter of the Complaint filed by PrairieWave Community Telephone, Inc. f/k/a Dakota Community Telephone, Inc. and PrairieWave Telecommunications, Inc. f/k/a McLeodUSA Telecom Development, Inc. against Qwest Corporation Regarding Nonpayment of Switched Access Charges, and Other Contract Disputes. (Staff Analyst: Jim Mehlhaff, Staff Attorney: Karen Cremer)
Complainant states that the parties have a contract for billing purposes and other services. Complainant alleges that tariffs require Qwest to pay all charges within 31 days of the bill date and to pay late payment charges for payments not made by the payment due date. According to the Complainant, Qwest has failed to pay intrastate switched access charges in the amount of $581,384.10 and $636,263.32. Complainant requests that Qwest pay all bills outstanding plus all late payment fees, that Qwest immediately pay into an interest bearing escrow account all amounts due; that DCT and MTD be allowed to offset amounts owed to Qwest; that Qwest route the traffic so that toll is on toll trunks and local is on local trunks; that Qwest provide sufficient information to the Complainant to bill switched access charges and to block such traffic that it cannot provide such information for; and to permit DCT to refile its 2002 switched access cost study.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
Electric
The Commission has received a notification of intent to submit an application for a Permit for an Energy Conversion Facility from Otter Tail Power Company. The Notice of Intent describes the proposed facility, the projected costs, the social and economic impact from the proposed project, a list of the chairpersons in the affected area, and the timeline of the project. Otter Tail Power Company sent a letter on July 28, 2003, to the Commission requesting that the docket be closed.
TODAY, shall the Commission close the docket?
The Public Utilities Commission received a joint request to the Commission from Black Hills Power and Black Hills Electric Cooperative for approval of the relocation of an electric service territory line located in Sections 22, 26, and 27, Township 10S, Range 4E, Black Hills Meridian, Fall River County, South Dakota. The proposed electric service territory line is as follows: beginning at the northwestern corner of Section 27; then bear south along the western boundary of Section 27 to the southwestern corner of section 27; then bear east along the southern boundary of Section 27; then continue to bear east for 1/2 mile along the southern boundary of Section 26.
TODAY, shall the Commission approve the Proposed Joint Territory Boundary Change?
Telecommunications
On January 24, 2003, the Commission received a filing from Commission Staff requesting that the Commission issue an Order To Show Cause as to why MSN Corporation d/b/a MSN TV f/k/a WEBTV (MSN TV) should not be found in violation of South Dakota Law. According to the Motion, MSN TV, or its access partners, routed customers to a long distance number for accessing the internet in violation of an agreement that customers would always be permitted to access the internet without incurring long distance charges. The Motion alleges that the routing resulted in the initiation of unauthorized billing in violation of South Dakota law, including, but not necessarily limited to SDCL 49-13-93.
TODAY, if the parties have reached full settlement shall the Commission close the docket?
2. TC03-067 In the Matter of an Order to Show Cause as to why OCMC, Inc. should not be found to be in Violation of the Laws and Regulations of the State of South Dakota. (Staff Attorney: Kelly Frazier)
On March 28, 2003, staff filed a motion requesting that the Commission issue an Order To Show Cause to OCMC, Inc. d/b/a One Call Communications, Inc., OPTICOM, AdvantTel, LiveTel, SuperTel, RegionalTel, and 1-800-MAX-SAVE (Opticom). Staff requested that the Commission issue an Order To Show Cause to hear arguments from staff and the company on whether the Commission shall commence proceedings in accordance with ARSD 20:10:24:04.04. Staff is seeking a suspension or revocation of the certificate of authority transferred to Opticom in TC02-046. According to the motion, Opticom, inter alia, has failed to provide consumers the ability to determine rates in advance of accepting collect phone calls in violation of its tariff and failed to update its tariff pursuant to a Commission Order. The motion also alleges that Opticom, by using numbers such as 1-800-CALL-AAT and 1-800-COOLECT, is attempting to take advantage of mistakes by consumers attempting to use other collect phone call services and is billing rates that could exceed $30 for a one-minute call. At the April 15, 2003, meeting the Commission considered the motion and voted unanimously to issue an order to show cause and to open a docket for consideration of the above issues
.
TODAY, shall the Commission accept the proposed settlement agreement between staff and Opticom?
3. In the Matter of the Filing for Approval of Amendments to Agreements in TC03-112, TC03-116, and TC03-117.
On July 16, 2003, the Commission received a filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and WaveSent, L.L.C. According to the parties, the Agreement is being amended to include the addition of a Single Point of Presence as set forth in Attachment 1 and Exhibit A, which are attached to the Amendment. The original Agreement was approved on March 7, 2003, in Docket TC03-044.
On July 23, 2003, the Commission received a filing for Approval of a Performance Assurance Plan (PAP) Amendment to an Interconnection Agreement between Qwest Corporation and Black Hills FiberCom, L.L.C. According to the parties, the PAP as approved by the Commission and the Performance Indicator Definitions (PIDS) are included as Attachments 1 and 2, respectively, to the filing. The PIDS, as filed, was originally Exhibit B to the Commission approved SGAT. The original Interconnection Agreement was approved by the Commission on January 6, 1999, in Docket TC98-025.
On July 23, 2003, the Commission received a filing for approval of an Amendment to a Paging Connection Agreement between Qwest Corporation and Page Data. According to the parties, the Amendment is made in order to include the addition of Single Point of Presence (SPOP), as set forth in Attachment 1 and Exhibit A, attached to the Amendment. The original Agreement was approved by the Commission on March 7, 2003, in Docket TC03-042.
TODAY, shall the Commission approve the proposed Amendments to Agreements?
On July 16, 2003, Northern Valley Communications (NVC) filed revised pages to NVC's Intrastate Switched Access Tariff No. 1 for Commission approval. Previously, NVC was granted exemption from developing intrastate switched access rates based on company specific costs. NVC's revised tariff rates are based on a statewide average in accordance with ARSD 20:10:27:12.
TODAY, shall the Commission approve the Revisions to the Intrastate Switched Access Tariff for Northern Valley Communications, LLC?
Yak Communications (America) Inc. has filed an application for a Certificate of Authority to provide resold interexchange telecommunications services in South Dakota. The applicant intends to provide resold interexchange services, including 1+ long distance, 10-10 casual calling services and Toll-Free services throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to Yak Communications (America) Inc.?
On July 25, 2003, MJD Services Corp. and Golden West Telecommunications Cooperative, Inc. and its wholly-owned subsidiary Golden West Telephone Properties, Inc. applied to the Public Utilities Commission for approval of the sale of stock of Union Telephone Company, Armour Independent Telephone Co., Bridgewater-Canistota Independent Telephone Co., and Kadoka Telephone Co. to Golden West Telephone Properties, Inc. MJD Services Corp. currently owns 100 percent of the stock of Union Telephone Company and Kadoka Telephone Co. MJD Services Corp. and Union Telephone Company currently own 100 percent of the stock of Armour Independent Telephone Co. and Armour Independent Telephone Co. owns 100 percent of the stock of Bridgewater-Canistota Independent Telephone Co. Golden West Telecommunications Cooperative, Inc., the parent company of Golden West Telephone Properties, Inc., will be the ultimate controlling entity.
TODAY, shall the Commission grant intervention to any parties who may have filed? AND, shall the Commission establish a procedural schedule?
7. In the Matter of the Dockets Requesting Federal Universal Service Support Certification
On July 29, 2003, Interstate Telecommunications Coop., Inc. (Interstate) provided information constituting Interstate's plan for the use of its federal universal service support and to otherwise verify that Interstate will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 30, 2003, Roberts County Telephone Cooperative Association and RC Communications, Inc. provided information constituting Roberts County Telephone Cooperative Association and RC Communications, Inc.'s plan for the use of its federal universal service support and to otherwise verify that Roberts County Telephone Cooperative Association and RC Communications, Inc. will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 1, 2003, Kennebec Telephone Company (Kennebec) provided information constituting Kennebec's plan for the use of its federal universal service support and to otherwise verify that Kennebec will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
TODAY, shall the Commission grant intervention to any parties who may have filed? AND, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal services support as proposed in each of the above dockets?
On July 31, 2003, PrairieWave Telecommunications, Inc. filed to reduce the late payment rate in its Intrastate Access Tariff.
TODAY, shall the Commission grant intervention to any parties who may have filed? AND, shall the Commission approve the Revisions to the Intrastate Switched Access Tariff for PrairieWave Telecommunications, Inc.?
9. 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. On August 8, 2003, the Commission issued a Notice of Intent to Consider Motion as One for Summary Judgment; Order for and Notice of Hearing; Order Extending Time for Response. Under this notice and order, S&S is to demonstrate that a genuine issue of material fact exists as to its present interest in the proceeding or the companies' motion to dismiss will be decided as a motion for summary disposition under SDCL 1-26-18. Alternatively, if a genuine issue of material fact exists concerning S&S's interest, an evidentiary hearing will be held on the issue.
TODAY, shall the Commission determine that S&S has raised a genuine issue of material fact as to its interest in the proceeding? AND, if the Commission determines that S&S has not raised a genuine issue of material fact as to its interest, how shall the Commission rule on the Motion to Dismiss considered as motion for summary disposition under SDCL 1-26-18? OR, shall the Commission proceed to hearing on the issue of S&S's present interest in the proceedings?
Announcements
1. The next regularly scheduled Commission meeting will be held September 2, at 1:30 p.m., in Room 412 of the Capitol Building.
2. Commission meetings are scheduled for September 16, and October 13, 2003.
______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
August 13, 2003
