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South Dakota Public Utilities Commission Meeting
Monday, April 26, 2004 at 9:00 A.M.
Room 412, State Capitol Building, Pierre, South Dakota
NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201.
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
Natural Gas
Application by MidAmerican Energy Company for approval to increase rates for natural gas service in its service territory by $1,559,963 or approximately 1.5% of pro forma test year revenue. MidAmerican states the proposed increase for an average residential customer would be approximately $2.50 per month. The proposed rates may potentially affect approximately 73,100 customers in MidAmerican Energy Company's service territory in southeastern South Dakota.
TODAY, shall the Commission suspend the imposition of the tariff for 90 days beyond May 2, 2004? AND, shall the Commission assess a filing fee for actual expenses not to exceed $100,000?
Telecommunications
1. In the Matter of Petitions for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended in Dockets TC04-025, TC04-038, TC04-044, TC04-045, TC04-046, TC04-047, TC04-048, TC04-049, TC04-050, TC04-051, TC04-052, TC04-053, TC04-054, TC04-055, TC04-056, TC04-060, TC04-061, TC04-062 and TC04-077
On February 12, 2004, Kennebec Telephone Company (Kennebec) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Kennebec, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless and from Western Wireless Corporation d/b/a Verizon Wireless and from Western Wireless Corporation d/b/a CellularOne. Kennebec states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Kennebec may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Kennebec "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Kennebec to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Kennebec's obligation to implement LNP until conditions are met as described herein; and (3) grant Kennebec such other and further relief that may be proper." Western Wireless filed a Petition to Intervene on March 4, 2004. A Petition to Intervene of the South Dakota Telecommunications Association was filed on March 5, 2004. The Commission granted intervention to Western Wireless and the South Dakota Telecommunications Association a March 23, 2004, meeting. A April 6, 2004, meeting the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision.
On February 25, 2004, Santel Communications Cooperative (Santel) filed a petition requesting the Commission to grant a suspension to Santel from porting numbers, wireline-to-wireless, as may be requested by Commercial Mobile Radio Services (CMRS). Western Wireless filed a Petition to Intervene on March 8, 2004. Midcontinent Communications and the South Dakota Telecommunications Association filed Petitions to Intervene on March 11, 2004. Santel filed an Application to Amend Petition on March 15, 2004, for the purpose of adding the section 20:10:32:39 requirements and to further amend the Petition to add updated cost data. The Commission granted intervention to Western Wireless, Midcontinent Communications and the South Dakota Telecommunications Association a March 23, 2004, meeting. A April 6, 2004, meeting the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 9, 2004, Sioux Valley Telephone Company (Sioux Valley) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Sioux Valley, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless, Midwest Wireless Holdings L.L.C. d/b/a Midwest Wireless and Western Wireless Corporation d/b/a CellularOne. Sioux Valley states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Sioux Valley may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Sioux Valley "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Sioux Valley to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Sioux Valley's obligation to implement LNP until conditions are met as described herein; and (3) grant Sioux Valley such other and further relief that may be proper." On March 17, 2004, Midcontinent Communications filed a Petition to Intervene. A Petition to Intervene by Western Wireless was filed on March 19, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 26, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 9, 2004, Golden West Telecommunications Cooperative, Inc., Vivian Telephone Company, and Kadoka Telephone Company (Petitioner) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Petitioner, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless, NE Colorado Cellular, Inc. d/b/a Viaero, and Western Wireless Corporation d/b/a CellularOne. Petitioner states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Petitioner may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Petitioner "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Petitioner to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Petitioner's obligation to implement LNP until conditions are met as described herein; and (3) grant Petitioner such other and further relief that may be proper." A Petition to Intervene by Western Wireless was filed on March 19, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 26, 2004. The Commission granted intervention to Western Wireless and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 9, 2004, Armour Independent Telephone Company, Bridgewater-Canistota Independent Telephone Company, and Union Telephone Company (Petitioner) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Petitioner, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless and Western Wireless Corporation d/b/a CellularOne. Petitioner states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Petitioner may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Petitioner "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Petitioner to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Petitioner's obligation to implement LNP until conditions are met as described herein; and (3) grant Petitioner such other and further relief that may be proper." A Petition to Intervene by Western Wireless was filed on March 19, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 26, 2004. The Commission granted intervention to Western Wireless and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 11, 2004, Brookings Municipal Utilities d/b/a Swiftel Communications (Swiftel) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Swiftel, it has received requests to deploy LNP from Verizon Wireless and Western Wireless. Swiftel states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Swiftel may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Swiftel "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Swiftel to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Swiftel's obligation to implement LNP until conditions are met as described herein; and (3) grant Swiftel such other and further relief that may be proper." WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Western Wireless and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 11, 2004, Beresford Municipal Telephone Company (Beresford) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Beresford, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless and Western Wireless Corporation d/b/a CellularOne. Beresford states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Beresford may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Beresford "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Beresford to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Beresford's obligation to implement LNP until conditions are met as described herein; and (3) grant Beresford such other and further relief that may be proper." WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Western Wireless and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 11, 2004, McCook Cooperative Telephone Company (McCook) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to McCook, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless and Western Wireless Corporation d/b/a CellularOne. McCook states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) McCook may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. McCook "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for McCook to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for McCook's obligation to implement LNP until conditions are met as described herein; and (3) grant McCook such other and further relief that may be proper." WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Western Wireless and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 11, 2004, Valley Telecommunications Cooperative Association, Inc. (Valley) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Valley, it has received requests to deploy LNP from Western Wireless Corporation d/b/a CellularOne. Valley states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Valley may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Valley "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Valley to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Valley's obligation to implement LNP until conditions are met as described herein; and (3) grant Valley such other and further relief that may be proper." On March 24, 2004, Midcontinent Communications filed a Petition to Intervene. WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 12, 2004, City of Faith Telephone Company (Faith) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Faith, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless. Faith states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Faith may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Faith "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Faith to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Faith's obligation to implement LNP until conditions are met as described herein; and (3) grant Faith such other and further relief that may be proper." On March 24, 2004, Midcontinent Communications filed a Petition to Intervene. WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 12, 2004, Midstate Communications, Inc. (Midstate) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Midstate, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless and Western Wireless Corporation d/b/a CellularOne. Midstate states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Midstate may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Midstate "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Midstate to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Midstate's obligation to implement LNP until conditions are met as described herein; and (3) grant Midstate such other and further relief that may be proper." WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Western Wireless and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 12, 2004, Western Telephone Company (Western) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Western, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless. Western states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Western may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Western "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Western to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Western's obligation to implement LNP until conditions are met as described herein; and (3) grant Western such other and further relief that may be proper." WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Western Wireless and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 15, 2004, Interstate Telecommunications Cooperative (ITC) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to ITC, it has received requests to deploy LNP from Midcontinent Communications and Western Wireless Corporation d/b/a CellularOne. ITC states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) ITC may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. ITC "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for ITC to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for ITC's obligation to implement LNP until conditions are met as described herein; and (3) grant ITC such other and further relief that may be proper." On March 24, 2004, Midcontinent Communications filed a Petition to Intervene. WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 15, 2004, Alliance Communications Cooperative, Inc. and Splitrock Properties, Inc. (Petitioner) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Petitioner, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless, Western Wireless Corporation d/b/a CellularOne and Midwest Wireless Holdings L.L.C. d/b/a Midwest Wireless. Petitioner states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Petitioner may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Petitioner "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Petitioner to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Petitioner's obligation to implement LNP until conditions are met as described herein; and (3) grant Petitioner such other and further relief that may be proper." On March 24, 2004, Midcontinent Communications filed a Petition to Intervene. WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 15, 2004, RC Communications, Inc. and Roberts County Telephone Cooperative Assn. (Petitioner) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Petitioner, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless and Western Wireless Corporation d/b/a CellularOne. Petitioner states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Petitioner may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Petitioner "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Petitioner to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Petitioner's obligation to implement LNP until conditions are met as described herein; and (3) grant Petitioner such other and further relief that may be proper." On March 24, 2004, Midcontinent Communications filed a Petition to Intervene. WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 17, 2004, Venture Communications Cooperative, Inc. (Venture) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Venture, it has received requests to deploy LNP from Verizon Wireless and Western Wireless. Venture states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Venture may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Venture "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Venture to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Venture's obligation to implement LNP until conditions are met as described herein; and (3) grant Venture such other and further relief that may be proper." On March 24, 2004, Midcontinent Communications filed a Petition to Intervene. WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 17, 2004, West River Cooperative Telephone Company (West River) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to West River, it has received requests to deploy LNP from Verizon Wireless. West River states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) West River may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. West River "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for West River to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for West River's obligation to implement LNP until conditions are met as described herein; and (3) grant West River such other and further relief that may be proper." On March 24, 2004, Midcontinent Communications filed a Petition to Intervene. WWC License LLC filed a Petition to Intervene on March 30, 2004. WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On March 17, 2004, Stockholm-Strandburg Telephone Company (Stockholm-Strandburg) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Stockholm-Strandburg, it has received requests to deploy LNP from Western Wireless Corp. Stockholm-Strandburg states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Stockholm-Strandburg may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Stockholm-Strandburg "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Stockholm-Strandburg to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Stockholm-Strandburg's obligation to implement LNP until conditions are met as described herein; and (3) grant Stockholm-Strandburg such other and further relief that may be proper." WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Western Wireless and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP Pending a final decision.
On April 14, 2004, James Valley Cooperative Telephone Company (James Valley) filed a petition seeking suspension or modification of Section 251(b)(2) of the Telecommunications Act of 1996 regarding intermodal (wireline to wireless) number portability. James Valley also is seeking an immediate suspension of Section 251(b)(2) pending the Commission's consideration of the suspension request until six (6) months following the Commission's decision. According to James Valley, it has received requests for LNP from Verizon Wireless, Western Wireless, and RCC Wireless. James Valley states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) James Valley may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. James Valley "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for James Valley to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for James Valley's obligation to implement LNP until the conditions are met as described herein; and (3) grant James Valley such other and further relief that may be proper."
TODAY, shall the Commission set the procedural schedule?
Administration
Establishment of the Gross Receipts Tax levy for the 2005 Fiscal Year (Deputy Executive Director: Heather Forney)
SDCL Chapter 49-1A establishes the South Dakota Public Utilities Commission Gross Receipts Tax Fund. This Fund is financed by assessing a tax on the annual intrastate gross receipts received by a utility. The Fund is used by the Commission to defray regulatory expenses related to the regulation of telecommunications, electricity and natural gas. On April 1st of each year all utilities and telecommunications companies doing business in South Dakota shall file with the Commission, on forms provided by the Commission, the amount of its gross receipts derived from customers within South Dakota during the preceding calendar year pursuant to SDCL 49-1A-4. The report shall be sworn to and verified by an officer of the company. On May 1st of each year, the Commission shall, by order, establish the rate and assess the tax authorized in SDCL 49-1A-3 which, together with any funds remaining from the current fiscal year and the two hundred fifty dollar minimum gross receipt tax, will fund the Commission=s budget for the next fiscal year and provide a contingency reserve in an amount not to exceed the prior year=s budget. In accordance with SDCL 49-1A-5, the tax is due and payable on July 15th of each year.
TODAY, shall the Commission establish the rate and assess the Gross Receipts Tax as authorized in SDCL49-1A-3?
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
April 22, 2004
