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South Dakota Public Utilities Commission Meeting
Friday, January 27, 2006, at 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 January 26, 2006. The lines are limited and are given out on first come/first serve basis. Ultimately, if you wish to participate in the Commission Meeting and a line is not available you may have to appear in person.
NOTE: To listen to the Commission Meeting live please go to the PUC's Web site www.puc.sd.gov and click on the LIVE button on the home page. The Commission meetings are archived on the PUC's Web site under the Commission Actions tab and then click on the LISTEN button on the page.
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 COMMISSION MEETING
Complaints
On February 16, 2005, WWC License LLC (WWC) filed a complaint against Golden West Telecommunications Cooperative, Inc. (Golden West), and Vivian Telephone Company, Sioux Valley Telephone Company, Union Telephone Company, Armour Independent Telephone Company, Bridgewater-Canistota Telephone Company and Kadoka Telephone Company (affiliated companies). On March 8, 2005, Golden West filed an Answer and Counterclaim. The procedural history of the parties' numerous motions, responses thereto and Commission's decisions thereon is set forth in the Commission's order of August 26, 2005. On September 7, 2005, WWC filed an Amended Complaint. The Amended Complaint requests a damages order against Golden West and its affiliates in the total amount of $935,974.13 for overpayments, transiting charges and InterMTA charges billed at intrastate rates, plus interest from June 1, 2005, less credits since June 1, 2005, double damages and attorney fees pursuant to SDCL 49-13-14.1. On September 8, 2005, the Commission issued its Order Setting Procedural Schedule. Golden West filed an Amended Answer and Amended Counterclaim on September 15, 2005. The Amended Counterclaim requests a damages order in favor of Golden West and against WWC for underpayment as a result of the improper and unadjusted InterMTA Factor, interest on all amounts found to be due and costs, disbursements and attorney's fees. The South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene on September 20, 2005. Intervention was granted to SDTA at the October 4, 2005, commission meeting. On January 6, 2006, WWC filed a Motion for Partial Summary Judgment. The Golden West Companies and SDTA filed a Joint Motion in Limine on January 6, 2006. On January 9, 2006, WWC filed a Motion to Compel Production of Discovery Responses. The Commission heard oral arguments on January 17, 2006, regarding the Motion for Partial Summary Judgment and the Motion in Limine.
TODAY, shall the Commission Grant the Motion for Partial Summary Judgment? AND, shall the Commission Grant the Motion in Limine?
______________________
Heather K. Forney
Deputy Executive Director
January 25, 2006
