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South Dakota Public Utilities Commission Meeting

Tuesday, September 14, 2004 at 9:30 A.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 September 13, 2004. 

 

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 June 22, July 6,  July 20, August 17, and August 31,  2004.  (Staff:  Tina Douglas.)

 

Consumer Issues

 

1.  Status Report on Consumer Utility Inquiries and Complaints Received by the Commission.  (Consumer Affairs:  Jim Mehlhaff)

 

Telecommunications

 

1.         TC04-076        In the Matter of the Application of Cognigen Networks, Inc. for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analyst: Steve Wegman, Staff Attorney: Karen Cremer)

 

On April 12, 2004, Cognigen Networks, Inc. filed an application for a Certificate of Authority to provide resold interexchange telecommunication services in South Dakota. Cognigen Networks, Inc. intends to provide resold interexchange long distance services throughout South Dakota.  On June 22, 2004, the Commission denied Cognigen Networks, Inc.'s request for a Certificate of Authority.   Cognigen Networks, Inc. filed a Motion For Reconsideration Of Decision In Docket TC04-076 and Waiver of 30-Day Deadline on August 27, 2004.

 

TODAY, shall the Commission reconsider the decision in this matter?  And, how shall the Commission proceed?

 

2.         TC04-092        In the Matter of the Application of CommPartners, LLC for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota.   (Staff Analyst:  Michele Farris,  Staff Attorney:  Karen Cremer)

 

On May 10, 2004, CommPartners, LLC filed an application for a Certificate of Authority to provide facilities-based and resold local exchange telecommunications services and interexchange services in South Dakota. CommPartners intends to provide voice telephony services on a wholesale basis to small and medium-sized cable system operators. Specifically, CommPartners will bundle local, long distance, internet access, data transport, web hosting, billing services and back office supports for its partner wholesale customers. CommPartners may also provide these services on a retail basis to small and medium-sized businesses in areas not served by its wholesale customers. CommPartners will initially focus on providing services in Qwest local exchange areas.

 

TODAY, shall the Commission grant the Certificate of Authority to CommPartners, LLC?

 

3.  In the Matter of Approving Agreements in TC04-134, TC04-135, TC04-137, TC04-143, TC04-147, TC04-148, and TC04-149

 

TC04-134        In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and DIECA Communications, Inc. d/b/a Covad Communications Company.  (Staff Attorney:  Rolayne Ailts Wiest)

 

On July 21, 2004, the Commission received a filing for approval of a Commercial Line-Sharing Amendment to the Interconnection Agreement between Qwest Corporation and DIECA Communications, Inc. d/b/a Covad Communications Company. According to the parties, the Amendment adds terms, conditions and rates for Commercial Line-Sharing. The Amendment replaces the line sharing amendment filed on May 14, 2004, in Docket TC04-096.

 

TC04-135        In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and MCImetro Access Transmission Services, LLC.   (Staff Attorney:  Rolayne Ailts Wiest)

 

On July 26, 2004, the Commission received a filing for approval of an Elimination of UNE-P and Implementation of Batch Hot Cut Process and Discounts Amendment between Qwest Corporation and MCImetro Access Transmission Services, LLC.

 

TC04-137        In the Matter of the Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between WWC License LLC and McCook Cooperative Telephone Company.  (Staff Attorney:  Rolayne Ailts Wiest)

 

On July 29, 2004, the Commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between McCook Cooperative Telephone Company and WWC License LLC. According to the parties, the "Agreement sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect the networks of the CMRS Provider and the Telephone Company for the purposes of the exchange of telecommunications traffic between the Parties' networks or (b) the Parties will transport and terminate the telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider."

 

TC04-143        In the Matter of the Filing for Approval of an Adoption Agreement between Qwest Corporation and Sancom, Inc. d/b/a Mitchell Telecom.  (Staff Attorney:  Rolayne Ailts Wiest)
 

On August 2, 2004, the Commission received a Filing for Approval of an Adoption Agreement between Qwest Corporation and Sancom, Inc. d/b/a Mitchell Telecom. According to the parties, Sancom has chosen "to adopt, in its entirety, the terms and conditions of the Interconnection Agreement and any associated amendments, if applicable, between Sprint Communications Company, L.P. and Qwest Corporation that was approved by the Commission on February 25, 2004 in Docket No. TC04-002."

 

TC04-147        In the Matter of the Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Golden West Telecommunications Cooperative, Inc. and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, CommNet Cellular License Holding LLC d/b/a Verizon Wireless, Sanborn Cellular, Inc. d/b/a Verizon Wireless and Eastern South Dakota Cellular, Inc. d/b/a Verizon Wireless.   (Staff Attorney:  Rolayne Ailts Wiest)

 

On August 3, 2004, the Commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Golden West Telecommunications Cooperative, Inc. and Verizon Wireless. According to the parties, the "Agreement sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect the networks of the CMRS Provider and the Telephone Company for the purposes of the exchange of telecommunications traffic between the Parties' networks or (b) the Parties will transport and terminate the telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider."

 

TC04-148        In the Matter of the Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Kadoka Telephone Company and CommNet Cellular License Holding LLC d/b/a Verizon Wireless, Missouri Valley Cellular, Inc. d/b/a Verizon Wireless, Sanborn Cellular, Inc. d/b/a Verizon Wireless, Eastern South Dakota Cellular, Inc. d/b/a Verizon Wireless and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless.   (Staff Attorney:  Rolayne Ailts Wiest)

 

On August 3, 2004, the Commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Kadoka Telephone Company and Verizon Wireless. According to the parties, the "Agreement sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect the networks of the CMRS Provider and the Telephone Company for the purposes of the exchange of telecommunications traffic between the Parties' networks or (b) the Parties will transport and terminate the telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider."

 

TC04-149        In the Matter of the Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Vivian Telephone Company and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, CommNet Cellular License Holding LLC d/b/a Verizon Wireless, Sanborn Cellular, Inc. d/b/a Verizon Wireless and Eastern South Dakota Cellular, Inc. d/b/a Verizon Wireless.  (Staff Attorney:  Rolayne Ailts Wiest)

 

On August 3, 2004, the Commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Vivian Telephone Company and Verizon Wireless. According to the parties, the "Agreement sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect the networks of the CMRS Provider and the Telephone Company for the purposes of the exchange of telecommunications traffic between the Parties' networks or (b) the Parties will transport and terminate the telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider."

 

TODAY, shall the Commission approve the proposed agreements?

 

4.   In the Matter of the Request for Federal Universal Service Support Certification in Dockets TC04-183, TC04-184, TC04-187, TC04-188, TC04-189, and TC04-190

 

TC04-183        In the Matter of the Request of Citizens Telecommunications Company of Minnesota, LLC for Certification Regarding its Use of Federal Universal Service Support.   (Staff Analyst:  Harlan Best,  Staff Attorney:  Karen Cremer)

 

On August 12, 2004, Citizens Telecommunications Company of Minnesota, LLC (Citizens) provided information constituting Citizens' plan for the use of its federal universal service support and to otherwise verify that Citizens 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.

 

TC04-184        In the Matter of the Request of Qwest Corporation for Certification Regarding its Use of Federal Universal Service Support.   (Staff Analyst:  Harlan Best,  Staff Attorney:  Karen Cremer)

 

On August 20, 2004, Qwest Corporation (Qwest) provided information constituting Qwest's plan for the use of its federal universal service support and to otherwise verify that Qwest 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.

 

TC04-187        In the Matter of the Request of Western Wireless Corporation for Certification Regarding its Use of Federal Universal Service Support.  (Staff Analyst:  Harlan Best,  Staff Attorney:  Karen Cremer)

 

On August 25, 2004, Western Wireless Corporation (Western) provided information constituting Western's plan for the use of its federal universal service support and to otherwise verify that Western 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.

 

TC04-188        In the Matter of the Request of PrairieWave Community Telephone, Inc. for Certification Regarding its Use of Federal Universal Service Support.  (Staff Analyst:  Harlan Best,  Staff Attorney:  Karen Cremer)

 

On August 30, 2004, PrairieWave Community Telephone, Inc. (PrairieWave) provided information constituting PrairieWave's plan for the use of its federal universal service support and to otherwise verify that PrairieWave 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.

 

TC04-189        In the Matter of the Request of Santel Communications Cooperative for Certification Regarding its Use of Federal Universal Service Support.  (Staff Analyst:  Harlan Best,  Staff Attorney:  Karen Cremer)

 

On August 31, 2004, Santel Communications Cooperative (Santel) provided information constituting Santel's plan for the use of its federal universal service support and to otherwise verify that Santel 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.

 

 

TC04-190        In the Matter of the Request of Great Plains Communications, Inc. for Certification Regarding its Use of Federal Universal Service Support.  (Staff Analyst:  Harlan Best,  Staff Attorney:  Karen Cremer)

 

On August 31, 2004, Great Plains Communications, Inc. (Great Plains) provided information constituting Great Plains' plan for the use of its federal universal service support and to otherwise verify that Great Plains 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 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?

 

Announcements

 

1.   The next regularly scheduled Commission meeting will be held October 12, 2004, at 9:30 a.m. in Room 412, at Pierre, South Dakota.

2.   Commission meetings are scheduled for October 26 and November 9, 2004.

3.   A rules hearing is scheduled for September 20, 2004, at 1:30 p.m. in Room 413.

4.   A Wireless Technology Forum will be held in Spearfish September 27 and 28, 2004.

5.   The PUC offices will be closed October 11, 2004, in observance of Native American Day

6    Hearings in docket TC03-193 are scheduled for October 14 - 15, 2004, in Pierre, South Dakota.

7.   A hearing in docket NG04-004 is scheduled for October 19 - 20, 2004, in Pierre, South Dakota.

8.   A hearing in docket CN04-001 will be held October 26, 2004 at 1:30 p.m. in Room 413, at Pierre, South Dakota.

9.   Commissioners and Staff will be attending the NARUC  meetings in Nashville, TN  November 13 - 18, 2004.

______________________

Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
September 8, 2004