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South Dakota Public Utilities Commission Meeting
August 12, at 9:30 A.M.
Visitors Center
650 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 11, 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.  

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.

ADDENDUM TO THE
AGENDA OF COMMISSION MEETING

Telecommunications

1.      TC06-178        In the Matter of the Application of Sprint Communications Company L.P. for Authority to Provide Local Exchange Services in Certain Rural Areas Served by Brookings Municipal Utilities d/b/a Swiftel Communications. (Staff Analyst: Harlan Best, Staff Attorney: Kara Semmler)

         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. On July 28, 2008, Midcontinent filed a Petition to Withdraw from the docket.

         TODAY, shall the Commission Grant the Petition to Withdraw?

 

 

_/S/Heather K. Forney_________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
August 7, 2008