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South Dakota Public Utilities Commission Meeting
May 12, 2015, at 9:30 A.M. CDT
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. CDT on Monday, May 11, 2015. 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 website www.puc.sd.gov 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 website 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.
AGENDA OF COMMISSION MEETING
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
On January 14, 2015, Commission Staff filed an Electric Service Territory Boundary Agreement between Elk Point Municipal Electric and Union County Electric Cooperative, Inc. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information. Commission Staff asks for approval of the agreement to update official mapping data to properly reflect the service territory boundaries shared by the utilities in this docket.
TODAY, shall the Commission approve the proposed electric service territory boundary agreement?
On March 27, 2015, Commission Staff filed an Electric Service Territory Boundary Agreement between Central Electric Cooperative, Inc. and Plankinton Municipal Electric. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information. Commission Staff asks for approval of the agreement to update official mapping data to properly reflect the service territory boundaries shared by the utilities in this docket.
TODAY, shall the Commission approve the proposed electric service territory boundary agreement?
Telecommunications
At its March 26, 2013, meeting, the Commission considered whether it should consider revising or waiving any of its ETC requirements, including its June 1, 2013, deadline, in light of the Federal Communications Commission’s (FCC’s) new annual reporting requirements. At its April 23, 2013, meeting, the Commission voted to waive the June 1 deadline as set forth in ARSD 20:10:32:52 and allow ETCs to file their annual certification petitions on or before July 1. With respect to ARSD 20:10:32:54(1), the Commission found that if an ETC is filing a five-year plan with the FCC and the Commission, that ETC is not required to file a two-year plan pursuant to the Commission’s rule. All other ETCs must continue to file their two-year plans. With respect to ARSD 20:10:32:54(2), the Commission found that all ETCs are still required to file progress reports on their previously filed service quality improvement plans; however, the minor differences in this provision as compared to the FCC’s similar progress report provision are waived. With respect to ARSD 20:10:32:54(4) and (5), the Commission waived the portions of these subdivisions that are not consistent with the federal requirements. With respect to ARSD 20:10:32:54(8) and (9), the Commission waived these requirements in their entirety. On March 26, 2014, SDTA filed a letter seeking clarification to confirm that the previous Order remains in effect and will be deemed applicable to the 2014 state ETC certification process. At its April 16, 2014, meeting, the Commission clarified that the terms of its previous order are still in effect and are applicable to the 2014 ETC certification process. On December 18, 2014, the FCC issued an order that revised its public interest obligations for recipients of high-cost universal service, including the obligation to offer broadband service at a minimum speed. See In the Matter of the Connect America Fund; ETC Annual Reports and Certifications; Petition of USTelecom for Forbearance Pursuant to 47 U.S.C. § 160(c) from Obsolete ILEC Regulatory Obligations that Inhibit Deployment of Next-Generation Networks, WC Dockets Nos. 10-90, 14-58, and 14-192, Report and Order (rel. Dec. 18, 2014). The FCC increased the minimum speed standard from 4/1 Mbps to 10/1 Mbps. In its Report and Order, the FCC stated that “[r]ate-of-return carriers are expected to take into account the revised 10/1 Mbps speed standard when considering whether and where to upgrade existing plant in the ordinary course of business and will be required to report on progress toward this goal in annual updates to their five-year service quality plans.” Id. at para 24. Chairman Nelson requests that the Commission consider whether to provide additional guidance regarding the type of information that must be included in the progress reports, and the maps required to be included in the progress reports. For example, this information could include the requirement that a carrier set forth the broadband speeds available to the carrier’s end users. This specific information could include the ability of each carrier to offer the following broadband speeds: (1) at least 25/3 Mbps; (2) at least 10/1 Mbps but less than 25/3 Mbps; (3) at least 4/1 Mbps but less than 10/1 Mbps; (4) at least 1.5 Mbps downstream but less than 4/1 Mbps; (5) less than 1.5 Mbps downstream or none. Each of the categories could show the percentage of a carrier’s end users that are able to subscribe to these broadband speeds, with the total of the percentages equal to 100%. At its March 31, 2015, meeting, the Commission clarified that the terms of its previous order are still in effect and are applicable to the 2015 ETC certification process and deferred any action on the issue of whether carriers should provide additional information regarding broadband in order to allow carriers and the Commission to investigate the issue further.
TODAY, shall the Commission provide additional guidance regarding the type of information that must be included in a carrier’s progress reports and maps? OR, how shall the Commission proceed?
On April 13, 2015, the Commission received a filing pursuant to 47 USC § 252 for approval of a wireline interconnection agreement between CenturyLink Communications Company, LLC and Airus, Inc.
TODAY, shall the Commission approve the interconnection agreement?
Items for Commission Discussion
Announcements
- A public hearing for docket EL14-106 will be held Thursday, May 14, 2015, at 7:00 p.m. CDT in Meeting Room C-D at the Best Western Kelly Inn, 1607 E. Hwy 50, Yankton, S.D.
- The PUC offices will be closed Monday, May 25, 2015, in observance of the Memorial Day holiday.
- The next regularly scheduled commission meeting will be Tuesday, May 26, 2015, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
- Commission meetings are scheduled for June 11 and 23, 2015.
/s/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
PUC Email
May 5, 2015
