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South Dakota Public Utilities Commission Meeting
May 5, 2009, at 9:30 A.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 5:00 p.m. on May 4, 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

Consumer Reports

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

Consumer Complaints


1.      CT08-002        In the Matter of the Complaint filed by Roger L. Hall, Rapid City, South Dakota, against Qwest Corporation Regarding the Cost of Telephone Line Extensions (Staff Analyst: Deb Greg, Staff Attorney: Kara Semmler)

         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.  The parties have filed a Stipulated Motion to Dismiss.

         TODAY, shall the Commission Grant the Motion to Dismiss and Close the Docket?

Telecommunications

1.      TC06-007       In the Matter of the Petition of Level 3 Communications, LLC for Arbitration of an Interconnection Agreement with Qwest Corporation. (Commission Attorney: Rolayne Ailts Wiest)

         On January 26, 2006, Level 3 Communications, LLC (Level 3) filed a Petition for Arbitration Pursuant to Section 252(b) of the Telecommunications Act of 1996 for Rates, Terms, and Conditions of Interconnection with Qwest Corporation (Qwest). In its Petition, Level 3 requested that the Commission arbitrate certain terms and conditions of a proposed Interconnection Agreement between Level 3 and Qwest. Pursuant to ARSD 20:10:32:30, Qwest may respond to the Petition and provide additional information by February 21, 2006. On May 7, 2007, Level 3 filed a Motion to Withdraw Petition and Terminate Arbitration Proceedings and also filed a Notice of Adoption of Qwest's Statement of Generally Available Terms. The Commission Granted the Motion to Withdraw Petition and Terminate Arbitration Proceedings at its May 22, 2007, meeting. Oral arguments were heard at the October 9, 2007, commission meeting. The parties have agreed to a resolution and Qwest has filed a Motion to Dismiss.

         TODAY, shall the Commission Dismiss and Close the Docket?

2.      TC08-127       In the Matter of the Application of Qwest Corporation to Modify the Jurisdictional Report Requirements in Section 2 by Establishing a Percent Interstate Usage (PIU) Floor for Unidentified Feature Group D (FGD) Terminating Traffic. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

         On October 31, 2008, Qwest filed a request to modify the Jurisdictional Report Requirements in Section 2, by establishing a Percent Interstate Usage (PIU) floor for unidentified Feature Group D (FGD) terminating traffic.  Terminating FGD traffic that does not contain sufficient call detail to identify the jurisdiction (unidentified traffic) will be assigned jurisdiction as follows:

•     The first 5% of unidentified terminating traffic will continue to be jurisdictionally assigned based on the carrier's PIU report or, if the carrier has not filed a PIU report, a PIU of 50 (50% interstate – 50% intrastate) will be assigned per the current terms in Section 2.3.10.B.2.c.

•     Unidentified traffic in excess of the 5% floor will be designated intrastate traffic and charged at Qwest's current South Dakota rates.

            There is no change to currently effective rates. Notification has been sent to customers. Qwest is requesting that the proposed tariff revisions become effective on December 1, 2008.  On November 21, 2008, AT&T Communications of the Midwest, Inc. (ATT) filed a Petition for Intervention and a Request to Suspend Qwest's proposed revisions to Tariff Section 2 pending a hearing on the matter. MCI Communications Services, Inc. d/b/a Verizon Business Services (Verizon), the Local Exchange Carriers Association (LECA), and Level 3 Communications, LLC (Level 3) filed Petitions for Intervention on November 21, 2008. On November 24, 2008, the South Dakota Telecommunications Association (SDTA) filed for Intervention. Intervention was granted to ATT, Verizon, LECA, and SDTA at the November 25, 2008, commission meeting and the tariff revisions were suspended for 120 days beyond the December 1, 2008.  On December 5, 2008, Level 3 filed a Motion to Withdraw. The Commission granted Level 3 Communications, LLC's Motion to Withdraw, at its December 30, 2008, commission meeting.  On March 17, 2009, Verizon filed a Motion to Extend Suspension and also requested that the Commission direct the parties to develop a procedural schedule. The Motion to Extend Suspension was granted at the March 24, 2009, commission meeting. Qwest filed a Motion to Further Extend the Suspension until August 31, 2009.

         TODAY, shall the Commission Grant the Motion to Further Extend the Suspension?

3.      TC09-014       In the Matter of the Filing by SSTELECOM, Inc. for an Extension of an Exemption from Developing Company Specific Cost-Based Switched Access Rates. (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Karen Cremer)

            SSTELECOM is requesting an extension of its current exemption from developing company specific cost-based switched access rates and further requests that the Commission approve the rate set forth in its current Switched Access Tariff No. 1 for the duration of the extension period.  On April 13, 2009, Midcontinent Communications filed a Petition to Intervene. SSTELECOM filed an Objection to Intervention on April 17, 2009.

         TODAY, shall the Commission Grant Intervention to Midcontinent Communications?

4.      TC09-016        In the Matter of the Filing for Approval of a Resale Agreement between Qwest Corporation and Virtual Network Solutions, Inc. (Staff Attorney: Kara Semmler)

       On April 1, 2009, the Commission received a filing for approval of a Resale Agreement between Qwest Corporation and Virtual Network Solutions, Inc.  On April 20, 2009, staff filed a Letter Recommending Disapproval of the Agreement and Dismissal of the Docket.

         TODAY, shall the Commission Disapprove the Agreement and Dismiss the Docket? OR, how shall the Commission Proceed?

Announcements

  1. The next regularly scheduled Commission meeting will be held May 19, 2009, at 9:30 a.m. in Room 413, State Capitol Building, Pierre, SD.
  2. Commission meetings are scheduled for June 9 and June 23, 2009.
  3. A public hearing in docket HP09-001 will be held at 6:00 p.m. Tuesday, April 28, 2009, at the Harding County Recreation Center 204 Hodge Street Buffalo, SD.
  4. A hearing in docket CT08-002 will be held May 5, 2009, Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 1:30 p.m.
  5. A hearing in docket RM08-002 will be held May 6, 2009, Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 9:30 a.m.
  6. The Commission will hold a public meeting in Eureka on Wednesday, May 6, 2009, to discuss utility service changes recently announced by Montana-Dakota Utilities Co. The event will begin at 7 p.m. at the Wolff Den on Seventh Street.
  7. The Commission is hosting the "Crisis or Renaissance, The State of America's Energy" conference at the Sioux Falls Convention Center May 11 – 13, 2009.
  8. Commissioners and Staff will be meeting with Otter Tail Power and Montana Dakota Utilities at 2:00 p.m. on May 14, 2009, Room 413, State Capitol Building, Pierre, SD, to discuss the utilities' RECB cost allocation concerns.
  9. The Commission offices will be closed Monday, May 25, 2009, in observance of Memorial Day.
  10. A hearing in docket TC08-135 will be held June 2, 2009, Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 9:00 a.m.
  11. 11.    Commissioners and Staff will be attending the Mid-America Regulatory Conference in Grand Traverse, MI, June 14 – 17, 2009.
  12. The Commission offices will be closed Friday, July 3, 2009, in observance of Independence Day.
  13. A hearing in docket TC08-122 will be held July 15 - 16, 2009, Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 9:00 a.m. on July 15.
  14. Commissioners and Staff will be attending the National Association of Regulatory Commission meeting in Seattle, WA, July 19 – 22, 2009.

   /S/ Heather K Forney                                           .
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
April 28, 2009