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South Dakota Public Utilities Commission Meeting
August 6, 2008, at 9:30 A.M.
Room 464, State Capitol Building
500 E Capitol Ave
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 August 5, 2008. 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.
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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 AD HOC
COMMISSION MEETING
Telecommunications
On October 20, 2006, Sprint Communications L.P. filed a petition seeking authorization to provide local exchange services in the rural area served by Brookings Municipal Utilities d/b/a Swiftel Communications (Swiftel) in the Brookings rate center. On November 7, 2006, the South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention. Sprint filed Opposition to SDTA's Intervention on November 20, 2006. The Commission granted intervention to SDTA at its December 6, 2006, meeting. On January 11, 2008, a Joint Motion for Delay was filed by the Parties. The Joint Motion for Delay was granted at the January 8, 2008, commission meeting. On May 13, 2008, Sprint filed a Motion to Request the Commission Enter a Protective Order. The Commission granted the Motion for a Protective Order at its May 20, 2008, meeting. On June 26, 2008, Swiftel filed a Motion to Compel Responses and Production of Documents Addressed to Sprint Communications LP as Propounded by Swiftel. The Commission granted the Motion to Compel in part and amended the procedural scheduled at its July 14, 2008, Ad Hoc meeting. On July 21, 2008, Swiftel filed a Motion to Compel Redacted Portions of the Sprint/MCC Agreement. On July 22, 2008, Sprint filed a Motion to Consolidate Hearings.
TODAY, shall the Commission Grant the Motion to Compel?
2. TC06-188 In the Matter of the Application of MCC Telephony of the Midwest, Inc. d/b/a Mediacom for a Certificate of Authority to Provide Interexchange and Local Exchange Services in the Brookings Exchange (Staff Analyst: Harlan Best, Staff Attorney: Kara Semmler)
On November 6, 2006, MCC Telephony of the Midwest, Inc. d/b/a Mediacom ("MCC") filed a petition for a certificate of authority to provide facilities-based and resold basic local exchange services. Services proposed will include non-switched, switched local services and special access services in the Brookings rural exchange area. Brookings Municipal Utilities d/b/a Swiftel Telecommunications (Swiftel) filed a Petition for Intervention on November 21, 2006. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on November 22, 2006. The Commission granted intervention to Swiftel and SDTA at its December 6, 2006, meeting. On January 11, 2008, a Joint Motion for Delay was filed by the Parties. The Joint Motion for Delay was granted at the January 8, 2008, commission meeting. On May 13, 2008, Sprint filed a Motion to Request the Commission Enter a Protective Order. The Commission granted the Motion for a Protective Order at its May 20, 2008, meeting. On June 26, 2008, Swiftel filed a Motion to Compel Responses and Production of Documents Addressed to Mediacom as Propounded by Swiftel. On July 9, 2008, Mediacom filed a Motion for Extension of Time to File Direct Testimony. The Commission granted the Motion to Compel in part, amended the procedural scheduled, and granted the motion for extension of time to file direct testimony at its July 14, 2008, Ad Hoc meeting. On July 21, 2008, Swiftel filed a Motion to Compel Redacted Portions of the Sprint/MCC Agreement. On July 21, 2008, a Motion to Consolidate Hearings was filed by Mediacom.
TODAY, shall the Commission Grant the Motion to Compel?
3. TC07-007 In the Matter of the Petition of Brookings Municipal Utilities d/b/a Swiftel Communications for Suspension or Modification of Dialing Parity, Number Portability and Reciprocal Compensation Obligations. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On January 30, 2007, Brookings Municipal Utilities d/b/a Swiftel Communications (Swiftel) filed a Petition for Suspension or Modification of Local Dialing Parity, Number Portability and Reciprocal Compensation Obligations. On February 12, 2007, Alltel Communications, Inc. (Alltel) and Sprint Communications Company, L.P. (Sprint) filed Petitions for Intervention. Midcontinent Communications (Midcontinent) filed a Petition to Intervene on February 14, 2007. South Dakota Network, LLC (SDN) filed a Petition to Intervene on February 15, 2007. On February 16, 2007, MCC Telephony of the Midwest, Inc. d/b/a Mediacom (Mediacom) filed a Petition to Intervene. SDTA filed a Petition to Intervene on February 16, 2007. On March 5, 2007, Swiftel filed its Opposition to the Petition to Intervene filed by Midcontinent. Intervention was granted to Midcontinent, SDN, Mediacom, and SDTA at the March 13, 2007, commission meeting. On July 9, 2007, the parties filed a Stipulation and requested a continuance of all deadlines for a period of seven months. The Commission approved the Stipulation and request for continuance of all deadlines at its August 7, 2007, meeting. A Stipulation for Continuance between Staff and the parties was filed on January 9, 2008. The Stipulation was approved at the February 26, 2008, commission meeting. A Motion to Compel Responses and Production of Documents Addressed to Midcontinent as Propounded by Swiftel was filed on July 7, 2008. On July 11, 2008, Alltel filed a Motion to Compel Discovery from Brookings Municipal Utilities. Swiftel filed Motions to Compel Responses and Production of Documents Addressed to Sprint, Alltel, and Mediacom on July 11, 2008.
TODAY, shall the Commission Grant the Motions to Compel?
4. In the Matter of the Petitions for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended in Dockets TC08-006, TC08-007, TC08-008, TC08-009, TC08-010, TC08-011, TC08-012, TC08-013, TC08-014, TC08-015, TC08-016, TC08-017, TC08-018, TC08-019, TC08-020, TC08-021, TC08-022, TC08-023, TC08-024, TC08-025, TC08-026, and TC08-027.
TC08-012 In the Matter of the Petition of RC Communications, Inc., and Roberts County Telephone Cooperative Association for Suspension or Modification of 47 U.S.C. Section 251(b) (2) of the Communications Act of 1934 as Amended. (Staff Analyst: Harlan Best, Staff Attorney: Rolayne Ailts Wiest)
On February 8, 2008, each of the above-named petitioners (Petitioners) filed a petition with the Commission for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. On April 8, 2008, the Commission issued Orders Granting Intervention in each of the above dockets granting intervention in one or more of the above dockets to: Midcontinent Communications; Alltel Communications LLC; Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless; the South Dakota Telecommunications Association; MCC Telephony of the Midwest, Inc. d/b/a Mediacom; and Sprint Communications Company L.P. On June 26, 2008, the Petitioners filed a joint Motion for Modification of the Stipulation for Procedural Schedule (Motion). On June 27, 2008, Alltel filed an Opposition to the Motion for Modification of the Stipulation. The Petitioners filed a Stipulation on July 17, 2008. On July 30, 2008, the Petitioners filed a Request for Further Temporary Suspension.
TODAY, shall the Commission Grant the Request for Further Temporary Suspension?
/S/ Heather K. Forney _
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
August 1, 2008
