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South Dakota Public Utilities Commission Meeting
February 22, 2011 at 2:30 P.M. CST
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 9:00 a.m. CST on Tuesday, February 22, 2011. 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 and click on the LIVE link on the home page. The Commission requests 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, Click on "Commission Meeting Archives," to access the recordings.

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.



1.     TC10-096     In the Matter of the Complaint Filed by Midcontinent Communications, Knology of the Plains, Inc., and Knology of the Black Hills, LLC, Against MCI Communications Services, Inc. d/b/a Verizon Business Services for Unpaid Access Charges (Staff Analyst: Bobbi Bourk, Staff Attorney: Kara Semmler)

On October 27, 2010, the Commission received a complaint from Midcontinent Communications, Knology of the Plains, Inc., and Knology of the Black Hills, LLC (Complainants) against MCI Communications Services, Inc. dba Verizon Business Services (Verizon) for unpaid access charges. The Complainants allege that Verizon has failed to pay invoices pursuant to state tariffs for the provision of intrastate switched access services. On November 18, 2010, the Commission received an Answer to Complaint, Request for Stay to Permit Settlement Negotiations, Or, in the Alternative, Request for Hearing on Threshold Factual Issues Related to Jurisdiction from Verizon. On December 21, 2010, Complainants filed a Request for Interim Relief. On December 27, 2010, Complainants filed a Request for Procedural Schedule. At its regularly scheduled Commission meeting held on January 4, 2011, it was Ordered that the Complainants' request for interim relief was denied, and that the Complainants' alternative request to cease providing intrastate switched access services to Verizon was also denied. It was also ordered that the Commission Counsel work with the parties to determine a procedural schedule. On January 14, 2011, the Commission received a Petition to Intervene by the following parties: South Dakota Network, LLC, (SDN), South Dakota Telecommunications Association (SDTA), and Local Exchange Carriers Association (LECA). The Commission granted Intervention to all parties. On February 3, 2011, Midcontinent filed a Motion to Amend Complaint. On February 9, 2011, Verizon filed an Opposition to Midcontinent's Motion to Amend Complaint. On February 18, 2011, Verizon Business Services requested the Commission stay the current proceeding due to the Notice of Proposed Rulemaking recently released by the FCC. 

TODAY, shall the Commission grant Midcontinent's Motion to Amend Complaint as requested? Shall the Commission grant Verizon's request to stay the proceedings?  OR how shall the Commission proceed?


 /S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
PUC Email
February 18, 2011