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South Dakota Public Utilities Commission Meeting
Tuesday, March 18, 2003 at 9:30 A.M.
State Capitol Building, Room 412
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 March 17, 2003.
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 THE COMMISSION MEETING
Administration
1. Approval of the Minutes of the Commission Meeting Held on March 4, 2003. (Staff: Tina Douglas.)
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
2. IN THE MATTER OF DISMISSING DOCKET CT03-004
CT03-004 IN THE MATTER OF THE COMPLAINT FILED BY RONALD J. KUECKER, WEBSTER, SOUTH DAKOTA, AGAINST MCIWORLDCOM REGARDING FAILURE TO DISCONNECT. (Staff Analyst: Jim Mehlhaff, Staff Attorney: Karen Cremer.)
Complainant alleges that due to incorrect instructions from MCI customer service personnel, he was led to believe that he had canceled his MCI account on 11/01/02 but continued to receive MCI service until 01/09/03. Complainant seeks to have all outstanding MCI long distance charges waived.
TODAY, if the above matter is resolved shall the Commission dismiss the complaint and close the docket?
Electric
The current municipal contract providing electrical service to the City of Egan expires April 1, 2003. The new contract does not deviate from filed tariffs and this filing removes the contract from Otter Tail's list of contracts with deviations.
TODAY, shall the Commission approve the proposed tariff revisions?
The current municipal contract providing electrical service to the City of Nunda expires April 1, 2003. The new contract does not deviate from filed tariffs and this filing removes the contract from Otter Tail's list of contracts with deviations.
TODAY, shall the Commission approve the proposed tariff revisions?
3. EL03-008 IN THE MATTER OF THE FILING BY OTTER TAIL POWER COMPANY FOR APPROVAL OF TARIFF REVISIONS. (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer.)
The current municipal contract providing electrical service to the City of Hayti expires April 10, 2003. The new contract does not deviate from filed tariffs and this filing removes the contract from Otter Tail's list of contracts with deviations.
TODAY, shall the Commission approve the proposed tariff revisions?
Telecommunications
1. TC02-084 IN THE MATTER OF THE PETITION OF BLACK HILLS FIBERCOM, L.L.C. FOR A DECLARATORY RULING REGARDING ARSD 20:10:32:11 AND ALTERNATIVE PETITION FOR APPROVAL OF AN AMENDMENT TO BLACK HILLS FIBERCOM, L.L.C.'S LOCAL CALLING AREA PURSUANT TO ARSD 20:10:32:11. (Staff Analyst: Keith Senger, Staff Attorney, Rolayne Wiest.)
Black Hills FiberCom, L.L.C. (FiberCom) has filed a Petition for Declaratory Ruling Regarding Application of ARSD ' 20:10:32:11 and Alternative Petition for Approval of an Amendment to Black Hills FiberCom. L.L.C.'s Local Calling Exchange Area Pursuant to ARSD ' 20:10:32:11. In its Petition for Declaratory Ruling, FiberCom requests that the Commission find that FiberCom does not need to obtain Commission approval prior to FiberCom charging its customers for utilizing non-network ISP services through Rapid City telephone numbers attached to PRIs purchased from Qwest. If the Commission determines that FiberCom must obtain approval, then FiberCom requests that the Commission approve the proposed amendment to FiberCom's local calling plan. On January 17, 2003, FiberCom filed a request to withdraw its petition.
TODAY, shall the Commission allow the withdrawal of the petition?
On September 27, 2002, the Commission received a Motion from Staff requesting that the Commission issue an Order To Show Cause to S&S Communications/Alterna-Cell (S&S) as to why S&S should not be found in violation of the Order Granting Certificate of Authority in TC00-114 (Order) and of the laws of the State of South Dakota, including but not limited to SDCL 49-31-7.1 and ARSD 20:10:01:28, 20:10:06:05 and 20:10:24:05.05. According to the Motion, Staff has sent numerous data requests to S&S in order to determine the proper amount of bond which S&S must post pursuant to the Order. On September 24, 2002, Staff received a letter from S&S objecting to providing this information. The Motion alleges that this denial is in violation of state law and alleges that S&S is not properly bonded. Staff seeks an Order, inter alia, compelling S&S to produce the information requested by Staff, compelling S&S to meet the bond requirements of the Order or suspending or revoking S&S' certificate of authority. On October 28, 2002 the Commission signed an Order granting Staff's Motion To Issue An Order To Show Cause. Subsequently, staff and S&S have entered into discussions and S&S has agreed to amend its certificate of authority to restrict the company from entering into or providing pre-paid services and from accepting customer deposits and advanced payments from South Dakota customers, while maintaining all current bonding obligations.
TODAY, shall the Commission Amend the Certificate of Authority of S&S
Communications/Alterna-Cell to restrict the company from providing pre-paid services and from accepting customer deposit and advanced payments?
On February 5, 2003, Transcom Communications, Inc. filed an application for a Certificate of Authority to provide interexchange telecommunications services in South Dakota. The applicant intends to provide resold interexchange services, including 1+ and 101XXXX outbound dialing, 800/888 Toll-Free inbound dialing, directory assistance, data services and travel card service throughout South Dakota.
TODAY, shall the Commission approve the Certificate of Authority for Transcom Communications, Inc?
On February 10, 2003, the Commission received for approval a filing of a Collocation Augment Rates Amendment to the Interconnection agreement between New Edge Network, Inc. d/b/a New Edge Networks and Qwest Corporation f/k/a U S WEST Communications, Inc. According to the parties, the Amendment is made in order to add to the agreement the rates applicable to the Collocation Augment Quote Preparation Fee as set forth in Attachment 1 to the Amendment. The original agreement was approved by the Commission in Docket TC02-113 and was effective October 28, 2002.
Today, shall the Commission approve the proposed Amendment?
On February 13, 2003, the Commission received a Filing of a Negotiated Agreement For Interconnection and Local Number Portability between FiberComm, L.C. and Long Lines Metro, LLC. According to the parties, this negotiated agreement sets forth the terms, conditions and pricing under which the parties will offer and provide to other parties requesting network interconnection and ancillary services within the geographical areas in which both parties are providing local exchange service at that time, within the state of South Dakota for purposes of providing local telecommunications services
Today, shall the Commission approve the proposed Agreement?
Exergy Group, LLC has filed an application for a Certificate of Authority to provide interexchange telecommunications services in South Dakota. The applicant intends to provide resold interexchange services, including 1+ and 101XXXX outbound dialing, 800/888 Toll-Free inbound dialing, directory assistance, data services, and travel card service throughout South Dakota.
TODAY, shall the Commission approve the Certificate of Authority for Exergy Group, LLC?
Teleglobe USA Inc. and Teleglobe USA LLC d/b/a Teleglobe USA LLC (South Dakota) Inc. have filed an application to transfer the Certificate of Authority of Teleglobe USA Inc. to Teleglobe USA LLC d/b/a Teleglobe USA LLC (South Dakota) to provide resold interexchange telecommunications services in the State of South Dakota. Proposed services initially include switched outbound voice services and, in the future, prepaid and postpaid calling card services, 800/888, private line, and data services.
TODAY, shall the Commission approve the transfer of a Certificate of Authority from Teleglobe USA Inc to Teleglobe USA LLC d/b/a Teleglobe USA LLC (South Dakota)?
8. IN THE MATTER OF APPROVING AGREEMENTS IN TC03-002, TC03-003, TC03-004, TC03-005, TC03-006, TC03-007, TC03-008, TC03-009, TC03-010, TC03-011, TC03-012, TC03-013, TC03- 014, TC03-015, TC03-016, TC03-017, TC03-018, TC03-019, TC03-020, TC03-021, TC03-024, TC03-025, TC03-026, TC03-027, TC03-028, TC03-029, TC03-030, AND TC03-031.
The above 17 Agreements were filed with the Commission on 06/13/02, as a confidential exhibit to the Affidavit of Todd Lundy in Docket TC01-165. On 11/22/02, in the Order Regarding the Public Interest, the Commission ruled that the issue of whether these Agreements were a mandatory filing should be considered separate from the TC01-165 docket. Pursuant to that Order, these dockets were opened for the purpose of receiving a Commission ruling on whether these Agreements should have been filed pursuant to the mandatory filing requirements of section 252(e)(1) of the 1996 Telecommunications Act. Qwest has requested confidential treatment of the contents of these Agreements pursuant to ARSD chapter 20:10:01.
This Agreement was filed with the Commission on 06/13/02, as a confidential exhibit to the Affidavit of Todd Lundy in Docket TC01-165. On 11/22/02, in the Order Regarding the Public Interest, the Commission ruled that the issue of whether this Agreement was a mandatory filing should be considered separate from the TC01-165 docket. Pursuant to that Order, this docket was opened for the purpose of receiving a Commission ruling on whether this agreement should have been filed pursuant to the mandatory filing requirements of section 252(e)(1) of the 1996 Telecommunications Act. According to the Agreement, Qwest f/k/a U S WEST, agreed to make demonstrable improvements to its provisioning service performance on unbundled loops, in order to reach service quality standards as set forth in the Agreement. Covad agreed to withdraw its opposition to the U S WEST/Qwest merger in return.
This Agreement was filed with the Commission on 06/13/02, as a confidential exhibit to the Affidavit of Todd Lundy in Docket TC01-165. On 11/22/02, in the Order Regarding the Public Interest, the Commission ruled that the issue of whether this Agreement was a mandatory filing should be considered separate from the TC01-165 docket. Pursuant to that Order, this docket was opened for the purpose of receiving a Commission ruling on whether this agreement should have been filed pursuant to the mandatory filing requirements of section 252(e)(1) of the 1996 Telecommunications Act. According to the Agreement, in consideration for McLeodUSA's withdrawal from the dockets related to the U S WEST/Qwest merger, Qwest f/k/a U S WEST agreed to pay McLeodUSA a fixed sum for the settlement of disputes involving nonblocked Centrex service, subscriber list information and miscellaneous billing disputes.
This Agreement was filed with the Commission on 06/13/02, as a confidential exhibit to the Affidavit of Todd Lundy in Docket TC01-165. On 11/22/02, in the Order Regarding the Public Interest, the Commission ruled that the issue of whether this Agreement was a mandatory filing should be considered separate from the TC01-165 docket. Pursuant to that Order, this docket was opened for the purpose of receiving a Commission ruling on whether this agreement should have been filed pursuant to the mandatory filing requirements of section 252(e)(1) of the 1996 Telecommunications Act. According the Agreement, the parties agreed to (1) develop an implementation plan by which the parties agree to implement their interconnection agreements, (2) arrange quarterly meetings to address unresolved and/or anticipated business issues, and (3) establish and follow escalation procedures to facilitate and expedite business-to- business dispute resolutions as set forth in the Agreement.
On January 13, 2003, the Commission received a filing of an Agreement between U S WEST Communications, Inc. n/k/a Qwest Corporation and Black Hills FiberCom, L.L.C. for a determination of whether the agreement fell within the mandatory filing requirements of section 252(e)(1) of the 1996 Telecommunications Act. The Agreement is a 1999 Line Information Data Base Storage Agreement between U S WEST (now Qwest) and Black Hills FiberCom, L.L.C. According to the parties, the agreement is a negotiated agreement which sets forth the terms, conditions, and prices under which U S WEST agreed to offer and provide to any requesting CLEC network interconnection, access to unbundled network elements, ancillary services and telecommunications services available for resale within the geographical areas in which U S WEST was providing local exchange services at that time and for which U S WEST was the incumbent local exchange carrier within the state of South Dakota for purposes of providing local telecommunications services.
TC03-025 IN THE MATTER OF THE FILING FOR APPROVAL OF A COMMON CHANNEL SIGNALING NETWORK INTERCONNECTION AGREEMENT SWITCHED ACCESS SERVICES BETWEEN U S WEST COMMUNICATIONS, INC. AND BLACK HILLS FIBERCOM, L.L.C. (Staff Attorney: Kelly Frazier.)
On January 13, 2003, the Commission received a filing of an Agreement between U S WEST Communications, Inc. n/k/a Qwest Corporation and Black Hills FiberCom, L.L.C. (BHFC) for a determination of whether the agreement fell within the mandatory filing requirements of section 252(e)(1) of the 1996 Telecommunications Act. The agreement is a 1999 Common Channel Signaling Network Interconnection Agreement Switched Access Services. According to the parties, the agreement is a negotiated agreement which describes the terms and conditions under which the parties agree to permit their customers to use line number telephone calling cards to initiate calls and also to permit their customers to bill calls to accounts associated with cards, collect, bill to third number and public telephone check for the specific number.
TC03-026 IN THE MATTER OF THE FILING FOR APPROVAL OF AN INTERNETWORK CALLING NAME DELIVERY SERVICE AGREEMENT (ICNAM SERVICE) BETWEEN U S WEST COMMUNICATIONS, INC. AND BLACK HILLS FIBERCOM, L.L.C. (Staff Attorney: Kelly Frazier.)
On January 13, 2003, the Commission received a filing of an Agreement between U S WEST Communications, Inc. n/k/a Qwest Corporation and Black Hills FiberCom, L.L.C. (BHFC) for a determination of whether the agreement fell within the mandatory filing requirements of section 252(e)(1) of the 1996 Telecommunications Act. The Agreement is a 1999 Internetwork Calling Name Delivery Service Agreement (AICNAM Service@) which provides the terms and conditions under which U S WEST (now Qwest) will provide ICNAM services to BHFC, thereby transporting Calling Name data between the parties/databases.
TC03-027 IN THE MATTER OF THE FILING FOR APPROVAL OF A CUSTOM LOCAL AREA SIGNALING SERVICES (CLASS) NETWORK INTERCONNECTION AGREEMENT BETWEEN U S WEST COMMUNICATIONS, INC. AND BLACK HILLS FIBERCOM, L.L.C. (Staff Attorney: Kelly Frazier.)
On January 13, 2003, the Commission received a filing of an Agreement between U S WEST Communications, Inc. n/k/a Qwest Corporation and Black Hills FiberCom, L.L.C. (BHFC) for a determination of whether the agreement fell within the mandatory filing requirements of section 252(e)(1) of the 1996 Telecommunications Act. The Agreement is a 1999 Custom Local Area Signaling Services (ACLASS@) Network interconnection Agreement which describes the terms and conditions under which the parties agreed to provide each other access to interconnect their respective networks for the provision of intraLATA CLASS in compliance with the Common Channel Signaling Network (ACCSN@) Interconnection Agreement for switched access services.
On January 13, 2003, the Commission received a filing of an Agreement between Qwest Corporation (Qwest) and McLeodUSA Telecom Development, Inc. (McLeodUSA) for a determination of whether the agreement fell within the mandatory filing requirements of section 252(e)(1) of the 1996 Telecommunications Act. The Agreement is a 2001 Transit Record Exchange Agreement to Co-Carriers (WSP - Transit Qwest - CLEC). According to the parties, the Agreement is a negotiated agreement made in order for each party to obtain from the other certain technical and business information related to wireless network usage data under terms that will protect the confidential and proprietary nature of such information.
On January 13, 2003, the Commission received a filing of an Agreement between Qwest Corporation and McLeodUSA Telecom Development, Inc. (McLeodUSA) for a determination of whether the agreement fell within the mandatory filing requirements of section 252(e)(1) of the 1996 Telecommunications Act. The Agreement is a 2001 Transit Record Exchange Agreement to Co-Carriers (Wireline - Transit Qwest - CLEC). According to the parties, the Agreement is a negotiated agreement made in order for each party to obtain from the other certain technical and business information related to wireline network usage data under terms that will protect the confidential and proprietary nature of such information.
On January 13, 2003, the Commission received a filing of an Agreement between Qwest Corporation and MidContinent Communications for a determination of whether the agreement fell within the mandatory filing requirements of section 252(e)(1) of the 1996 Telecommunications Act. The Agreement is a 2002 Transit Record Exchange Agreement to Co-Carriers (WSP - Transit Qwest - CLEC). According to the parties, the Agreement is a negotiated agreement made in order for each party to obtain from the other certain technical and business information related to wireless network usage data under terms that will protect the confidential and proprietary nature of such information.
On January 13, 2003, the Commission received a filing of an Agreement between Qwest Corporation and MidContinent Communications) for a determination of whether the agreement fell within the mandatory filing requirements of section 252(e)(1) of the 1996 Telecommunications Act. The Agreement is a 2002 Transit Record Exchange Agreement to Co-Carriers (Wireline - Transit Qwest - CLEC). According to the parties, the Agreement is a negotiated agreement made in order for each party to obtain from the other certain technical and business information related to wireline network usage data under terms that will protect the confidential and proprietary nature of such information
.
TODAY, shall the Commission approve the proposed Agreements?
Announcements
1. Commissioners and Staff will be attending a wind conference in Bismarck, ND on Monday, March 24, 2003.
2. The next regularly scheduled Commission meeting will be held April 1, 2003, at 9:30 a.m., in Room 412 of the Capitol Building.
3. A hearing in docket CT02-045 is scheduled for April 1, 2003, at 1:30 p.m. in Room 412 of the Capitol Building.
4. Commission meetings and hearings are scheduled for April 15, 2003 and May 6, 2003.
5. A hearing in docket CE03-002 is scheduled for April 15, 2003, at 1:30 p.m. in Room 412 of the Capitol Building.
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
March 11, 2003
