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South Dakota Public Utilities Commission Meeting
December 16, 2008, at 1:30 P.M.
State Capitol Building, Room 413
Pierre, South Dakota

NOTE:  If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by 12:00 p.m. on December 16, 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 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.



1.      TC06-007        In the Matter of the Petition of Level 3 Communications, LLC for Arbitration of an Interconnection Agreement with Qwest Corporation. (Commission Attorney: Rolayne Ailts Wiest)

         On January 26, 2006, Level 3 Communications, LLC (Level 3) filed a Petition for Arbitration Pursuant to Section 252(b) of the Telecommunications Act of 1996 for Rates, Terms, and Conditions of Interconnection with Qwest Corporation (Qwest). In its Petition, Level 3 requested that the Commission arbitrate certain terms and conditions of a proposed Interconnection Agreement between Level 3 and Qwest. Pursuant to ARSD 20:10:32:30, Qwest may respond to the Petition and provide additional information by February 21, 2006. On May 7, 2007, Level 3 filed a Motion to Withdraw Petition and Terminate Arbitration Proceedings and also filed a Notice of Adoption of Qwest's Statement of Generally Available Terms. The Commission Granted the Motion to Withdraw Petition and Terminate Arbitration Proceedings at its May 22, 2007, meeting. Oral arguments were heard at the October 9, 2007, commission meeting. The parties have agreed to a resolution and Qwest has filed a Motion to Dismiss.

         TODAY, shall the Commission Grant the Motion to Dismiss?

2.      TC07-117        In the Matter of the Petition of Midcontinent Communications for Approval of its Switched Access Rates. (Staff Analyst: Jon Thurber, Staff Attorney: Karen Cremer)

         On October 31, 2007, Midcontinent Communications (Midcontinent) filed a petition requesting to change its switched access rates. On July 14, 2008, Midcontinent filed a Motion to Amend its Petition. The Motion to Amend Petition was granted at the July 29, 2008, commission meeting. A hearing was held in this matter on August 5, 2008.

         TODAY, what is the Commission's Decision?

3.      In the Matter of the Failure of Certain Telecommunications Companies to Timely File the Gross Receipts Tax (Deputy Executive Director: Heather K. Forney)

The following companies have failed to timely file their gross receipts tax as required by SDCL 49-1A:

Wireless Companies that have not filed or paid:
TeleCommunications Systems Corporation of Maryland
Ztar Mobile, Inc.

Local Exchange Providers that have not filed or paid:
Pacific Centrex Services, Inc.
Trinsic Communications, Inc.
VanCo Direct USA, LLC

Local Exchange Providers that have filed, but not paid:
Metropolitan Telecommunications of South Dakota, Inc.

Long Distance Providers that have filed, but not paid:
Business Productivity Solutions, Inc.
GTC Telecom Corp d/b/a GTC Telecom
Yak Communications (America) Inc.

Long Distance Providers that have not filed or paid:
Epixtar Communications Corp
Infone LLC
Phonetec PCS, LLC
Preferred Carrier Services, Inc.
Telecom Resources, Inc. d/b/a TRINetwork, Inc.
Touch 1 Communications, Inc.
WinStar Communications, LLC

         TODAY, shall the Commission Issue an Order to Show Cause as to Why the Commission Should Not Fine, or Suspend or Revoke the Certificates of Authority of Each of These Companies for Failure to Pay the Requisite Gross Receipts Tax?    


  /S/ Heather K. Forney     _
Heather K. Forney
Deputy Executive Director
December 12, 2008