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South Dakota Public Utilities Commission Meeting
March 10, 2009 at 2:30 P.M.
Room 413, Capitol Building
Pierre, South Dakota
NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by 12:00 p.m. on March 10, 2009. Lines are limited and are given out on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. 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 requests that persons who will only be listening to proceedings and not actively appearing in a case listen via the web cast to free phone lines for those who have to appear. 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 COMMISSION MEETING
Administration
- Approval of the Minutes of the Commission Meetings Held on December 30, 2008, and February 10, 2009. (Staff: Demaris Axthelm)
Consumer Reports
- Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Consumer Complaints
On December 13, 2007, Jack and Cindy Brunson, Edgemont, SD, filed a complaint regarding lack of a phone service hookup. The Brunsons are requesting phone service and a line hookup. On January 2, 2008, Golden West Telecommunications Cooperative filed an Answer to Complaint and a Motion to Dismiss.
TODAY, shall the Commission Dismiss the Complaint and Close the Docket?
On April 14, 2008, Roger L. Hall filed a formal complaint against Qwest Corporation. Roger Hall owns a trailer court in Hill City, SD and wishes to extend telephone lines to new trailers on his property. Qwest believes Mr. Hall is responsible for the cost thereof and will not install the lines until agreed to by Mr. Hall. Mr. Hall, however, does not believe he should be required to pay the cost of line extensions to new trailers within the trailer park. On May 5, 2008, Qwest Corporation filed a response and a Motion to Dismiss the complaint. The Commission voted to deny the Motion to Dismiss at its June 24, 2008, meeting. On November 10, 2008 the Commission signed an Order setting the procedural schedule. Since that time, the parties have experienced conflicts with the schedule. An amended procedural schedule was approved at the January 27, 2009, commission meeting. On February 3, 2009, Qwest filed a Motion for Summary Disposition of Complaint. An Amended Procedural Schedule was issued on February 5, 2009, setting February 24, 2009, as the date and time for pre-hearing motions to be heard immediately following the commission meeting. Mr. Hall filed a Motion to Compel and a Response to Qwest's Motion for Summary Disposition on February 23, 2009. The Commission voted to deny the Motion for Summary Disposition at its February 24, 2009.
TODAY, how shall the Commission Proceed Regarding Mr. Hall's Motion to Compel?
Telecommunications
On October 31, 2007, Midcontinent Communications (Midcontinent) filed a petition requesting to change its switched access rates. On July 14, 2008, Midcontinent filed a Motion to Amend its Petition. The Motion to Amend Petition was granted at the July 29, 2008, commission meeting. A hearing was held in this matter on August 5, 2008. The Commission denied the request for exemption and waiver at its December 16, 2008, meeting. Midcontinent filed a Petition for Reconsideration on January 20, 2009. The Commission denied the Petition for Reconsideration at its February 24, 2009, meeting. On January 25, 2009, Midcontinent filed its switched access tariff and cost study pursuant to the Commission's January 14, 2009, order.
TODAY, shall the Commission Open a New Docket Regarding the Filing of the Cost Study? AND, shall the Commission Assess a Filing Fee for Actual Expenses with an Initial Deposit of $1,000? AND, pursuant to SDCL 49-31-12.4, shall the Commission Suspend the Operation of the Tariff for One-Hundred Twenty Days Beyond the Proposed Effective Date of the Rate?
On September 9, 2008, Native American Telecom, LLC filed an application for a certificate of authority to provide local exchange telecommunications services on the Pine Ridge Indian Reservation in the State of South Dakota. Native American Telecom, LLC plans to provide facility based services using advanced wireless technologies and/or fiber optic and other wireline technology. Intervention was granted to Great Plains, Golden West, Fort Randall, and SDTA at the October 7, 2008, commission meeting. On January 16, 2009, the Intervenors filed a Motion to Compel. At the parties' request, the Commission deferred action on the Motion to Compel at its February 10, 2009, meeting. On February 19, 2009, Native American Telecom, LLC filed a Motion to Dismiss Application.
TODAY, shall the Commission Grant the Motion to Dismiss Application?
On February 20, 2009, AT&T Communications of the Midwest, Inc. (AT&T) filed for approval of its intrastate access services tariff and for an exemption from developing company specific cost-based switched access rates. AT&T is requesting an exemption regarding switched access rates as well as a waiver from ARSD 20:10:27:12. On March 2, 2009, AT&T filed a letter correcting a typographical error as it pertained to the composite switched access rate.
TODAY, shall the Commission Approve the Intrastate Access Services Tariff and Approve an Exemption from Developing Company Specific Cost-Based Switched Access Rates? AND, shall the Commission Grant a Waiver from ARSD 20:10:27:12?
On February 3, 2009, iNetworks Group, Inc. filed an application for certificates of authority to provide Local and Interexchange Services throughout South Dakota in Qwest Exchanges pursuant to interconnection and or commercial agreements, for business customers only. The company intends to initiate service upon approval of its application and all filed agreements.
TODAY, shall the Commission Grant a Certificate of Authority to iNetworks Group, Inc.?
Announcements
- The next regularly scheduled Commission meeting will be held March 24, 2009, at 9:30 a.m. in Room 413 of the State Capitol Building, Pierre, SD.
- Commission meetings are scheduled for April 7 and April 21, 2009.
- A hearing in docket EL08-030 will be held April 14 – April 15, 2009, in Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 9:30 a.m. on April 14.
- A hearing in docket CT08-002 will be held May 5, 2009, in room 413, State Capitol Building, Pierre, SD. The hearing will begin at 1:30 p.m.
- The Commission offices will be closed Monday, May 25, 2009, in observance of Memorial Day.
__/S/ Heather K. Forney______
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
March 3, 2009
