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South Dakota Public Utilities Commission Meeting
February 12, 2008, at 2:00 P.M.
State Capitol Building, Room 468
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 February 11, 2008. Lines are limited and are given out on first come/first serve 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)

Telecommunications

1. TC06-184 In the Matter of the Filing by Long Lines Wireless, LLC for Designation as an Eligible Telecommunications Carrier. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)

On October 30, 2006, Long Lines Wireless, LLC filed a petition for designation as an eligible telecommunications carrier in South Dakota for the following service area: the counties of Union, Clay, Yankton, Bon Homme, Lincoln, Turner, Minnehaha, McCook, Lake, Moody, Brookings, Jackson, Harding, Butte, Lawrence, Custer, Fall River, Bennett, Perkins, Meade, Pennington, Shannon, and Haakon. Long Lines Wireless will provide service to requested service area via its own facilities, not through any resale methods.

TODAY, shall the Commission Designate Long Lines Wireless, LLC as an Eligible Telecommunications Carrier?

2. TC07-013 In the Matter of North Shore Marketing's Failure to Register as a Telemarketer and the Solicitations it made to those Registered on the Do Not Call Registry. (Staff Attorney: Kara Semmler)

On February 21, 2007, Commission Staff filed a Motion for an Order to Show Cause due to North Shore Marketing's failure to register as a telemarketer and the solicitations it made to individuals registered with the South Dakota Do Not Call Registry. An Order to Show Cause was issued by the Commission at its March 13, 2007, meeting. Commission Staff filed a Motion to Dismiss on February 1, 2008.

TODAY, shall the Commission Dismiss and Close the Docket?

3. TC07-093 In the Matter of the Filing by DakotaComm, LLC for an Extension of an Exemption from Developing Company Specific Cost-Based Switched Access Rates. (Staff Analyst: Keith Senger, Staff Attorney: Karen Cremer)

On August 30, 2007, DakotaComm, LLC filed a petition in accordance with ARSD 20:10:27:11, asking the Commission to extend its exemption from filing company specific cost-based intrastate switched access rates. DakotaComm is requesting its switched access rates be based on the cost of all the telecommunications companies with less than 100,000 access lines pursuant to ARSD 20:10:27:12. DakotaComm filed a request to withdraw their tariff on January 28, 2008.

TODAY, shall the Commission Grant the Withdrawal and Dismiss the Docket?

4. TC07-101 In the Matter of the Filing by Sage Telecom, Inc. for a Certificate of Authority to Provide Local Exchange and Interexchange Telecommunication Services in South Dakota. (Staff Analyst: Keith Senger, Staff Attorney: Kara Semmler)

On September 9, 2007, Sage Telecom, Inc. filed an application seeking a Certificate of Authority to provide interexchange services throughout South Dakota and local exchange services in the areas served by Qwest.

TODAY, shall the Commission Grant a Certificate of Authority to Sage Telecom, Inc.?

5. TC07-127 In the Matter of the Filing by Sage Telecom, Inc. for Approval of its Intrastate Switched Access Tariff and for an Exemption from Developing Company Specific Cost-Based Switched Access Rates. (Staff Analyst: Keith Senger, Staff Attorney: Kara Semmler)

On December 27, 2007, Sage Telecom, Inc. filed a petition in accordance with ARSD 20:10:27:11 requesting an exemption from filing company specific cost-based intrastate switched access rates. Sage is requesting a waiver of ARSD 20:10:27:07, 12 and 13 and is requesting to mirror the Qwest rates.

TODAY, shall the Commission Approve the Intrastate Switched Access Tariff and an Exemption from Developing Company Specific Cost-Based Switched Access Rates for Sage Telecom, Inc.?

6. TC08-002 In the Matter of the Filing for Approval of an Interconnection Agreement between Qwest Corporation and FiberComm, L.C. (Staff Attorney: Kara Semmler)

On January 11, 2008, the Commission received a filing for the approval of an Interconnection Agreement, between Qwest Corporation and FiberComm, L.C.

TODAY, shall the Commission Approve the Interconnection Agreement?

7. TC08-003 In the Matter of the Request by Qwest Corporation for a Waiver of a Requirement to File a Switched Access Cost Study. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)

On January 14, 2008, Qwest Corporation (Qwest) filed an application for waiver of the requirement to file a switched access cost study as required by Commission rule. ARSD 20:10:27:07 requires a carrier's carrier to file cost data in support of its switched access service tariff no less than once every three years. ARSD 20:10:27:02 provides that the Commission may, for good cause shown, either by its own motion or by application from a carrier's carrier, temporarily waive or suspend any rule in chapters 20:10:27 to 20:10:29, inclusive. "Qwest requests a waiver of the cost study requirement because (1) producing such a study is costly and consumes a great deal of resources; and (2) Qwest does not intend to raise access rates at this time, although preliminary analysis indicates that a cost study would likely support higher rates than even those from the last study."

TODAY, shall the Commission Grant Intervention to Any Parties that May have Filed? AND, shall the Commission Grant the Waiver Requested by Qwest Corporation?

Announcements

1. The next regularly scheduled Commission meeting will be held February 26, 2008, at 2:00 p.m. in Room 464, State Capitol Building, Pierre, SD.

2. Commission meetings are scheduled for March 11 and March 25, 2008.

3. Commissioners and Staff will be attending the National Association of Regulatory Utility Commissioners (NARUC) Winter Meetings in Washington, DC, February 17 – 20, 2008.

4. The Commission offices will be closed Monday, February 18, 2008, in observance of Presidents' Day.

5. A hearing in Dockets TC07-129 through TC07-134 will be held in the Cactus Conference Room February 26, 2008, beginning at 9:30 a.m.

 

_______________________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
February 5, 2008