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South Dakota Public Utilities Commission Meeting
August 28, 2008, at 9:30 A.M.
State Capitol Building, LCR 1 & 2
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 27, 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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AGENDA OF AD HOC
COMMISSION MEETING
Electric
1. EL08-020 In the Matter of the Petition of East River Electric Power Cooperative, Inc. for a Declaratory Ruling on 115 kV Transmission Line Design. (Staff Analysts: Bob Knadle/Brian Rounds, Staff Attorney: Karen Cremer)
On July 7, 2008, East River Electric Power Cooperative, Inc. (East River) filed a request for a declaratory ruling as to whether East River is required to have a siting permit per SDCL 49-41B from the Commission for a proposed 115 kV Transmission Line. Specifically, East River requests a ruling on whether a 115 kV transmission line generally running parallel to the road right-of-way and designed to site the poles in two locations, i.e., on the private side and on the public side alongside the road right-of-way line, with the poles located to generally touch the road right-of-way, meets the standard of following section lines, property lines, roads, highways or railroads contained in SDCL 49-41B-2.1(2). East River recently filed applications for two such lines: EL08-010 and EL08-016. On August 25, 2008, East River filed a Request for Extension.
TODAY, shall the Commission Grant the Request for Extension?
Telecommunications
On October 16, 2006, Sprint Communications Company L.P. (Sprint) filed a petition to arbitrate, pursuant to SDCL 49-31-81 and ARSD 20:10:32:29-32, and Section 252(b) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), certain terms and conditions of a proposed Interconnection Agreement between Sprint and City of Brookings Utilities d/b/a Swiftel Communications (Swiftel). On November 3, 2006, The South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene. Intervention was denied to SDTA at the December 6, 2006, Commission Meeting. On January 9, 2007, Sprint filed a Motion to Compel Swiftel be compelled to provide complete and appropriate responses to Request Nos. 2, 3, 15, 19,26,29, and 38. On January 9, 2007, Swiftel filed a Motion to Compel Sprint to provide substantive, non-evasive responses to discovery requests 4, 5, 13, 14, 15, 18, 20, 23, 24, 25 and 26 and to produce the documents requested in Requests for Production of Documents 1, 3, 4, 5 and 6 contained in the Discovery Requests of Brookings Municipal Utilities d/b/a Swiftel Communications to Sprint dated December 8, 2006. At its January 16, 2007, meeting the Commission granted a motion to compel in part. On January 26, 2007, SDTA filed a Petition for Reconsideration and Clarification. On January 11, 2008, a Joint Motion for Delay was filed by the Parties. The Joint Motion for Delay was granted at the January 29, 2008, commission meeting. A Settlement Agreement and Stipulation was filed on August 19, 2008.
TODAY, shall the Commission Approve the Settlement Agreement and Stipulation?
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. At its August 12, 2008, meeting, the Commission granted to Motion to Consolidate Hearings and granted the Motion to Compel in part. On August 19, 2008, Swiftel filed a Motion to Withdraw from the Dockets. SDTA filed a letter withdrawing intervention on August 21, 2008.
TODAY, shall the Commission Approve the Settlement Agreement and Stipulation? AND, shall the Commission Grant the Motions to Withdraw?
3. 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: Jon Thurber, 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. At its August 12, 2008, meeting, the Commission granted to Motion to Consolidate Hearings and granted the Motion to Compel in part. On August 19, 2008, Swiftel filed a Motion to Withdraw from the Dockets. SDTA filed a letter withdrawing intervention on August 21, 2008.
TODAY, shall the Commission Approve the Settlement Agreement and Stipulation? AND, shall the Commission Grant the Motions to Withdraw?
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. At its August 12, 2008, meeting, the Commission granted in part and denied in part, the Motion to Compel. The Commission also granted the Petition to Withdraw. On August 19, 2008, Swiftel filed a Motion to Withdraw its Petition. SDTA filed a letter withdrawing intervention on August 21, 2008.
TODAY, shall the Commission Approve the Settlement Agreement and Stipulation? AND, shall the Commission Grant SDTA's Motion to Withdraw? AND, shall the Commission Grant Swiftel's Motion to Withdraw its Petition?
5. 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 Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-018 In the Matter of the Petition of Union Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-019 In the Matter of the Petition of Armour Independent Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, 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. At its August 6, 2008, Ad Hoc meeting, the Commission granted a further temporary suspension.
TODAY, shall the Commission Approve the Stipulation?
/s/Heather Forney _
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
August 25, 2008
