Commission Minutes | previous page
PUBLIC UTILITIES COMMISSION MEETING
September 9, 1997; 10:00 A.M.
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Burg called the meeting to order at 10:00 a.m. Present were Commissioner Laska Schoenfelder, Commissioner Pam Nelson, Executive Director Bill Bullard, General Counsel Rolayne Ailts Wiest, Staff Attorneys Karen Cremer and Camron Hoseck, Fixed Utilities Division Director Greg Rislov, Telecommunications Analysts Harlan Best and Charlie Bolle, Utility Analysts Bob Knadle, Dave Jacobson, Steve Wegman and Tammi Stangohr, Business Manager Sue Cichos, Consumer Representative Leni Healy, and Administrative Secretary Shirleen Fugitt.
Also present were Rich Coit, SDITC; Bob Miller, SDEUC; Dave Gerdes, MCI and Sioux Falls Cable; Colleen Sevold and Jon Lehner, U S WEST; Mary Lohnes and Tom Simmons, Midco Communications; John Lovald, AT&T; and Raymond and Genene Sand, complainants from Dallas, SD.
Joining the meeting by phone were Mike Bradley, Ft. Randall Telephone; Alan Dietrich and Kim Thompson, NWPS; Robert Marmet, DTG; Alice Walker, CRST; Roger Specht, Gemini Companies, Inc.; Emily Hampton, Telec Inc.; Michele Engel, AT&T; Rod Carlson, Sioux Falls Cable; Stephen Jurman and Richard Hersperger, HSS Vending; and Bill Heaston, U S WEST.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On August 18, 1997. (Staff: Shirleen Fugitt.)
Commissioner Nelson moved to approve the minutes of the August 18, 1997, Commission Meeting. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Consumer Affairs
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Representative: Leni Healy.)
Ms. Healy presented a report on consumer inquiries and complaints received since the last Commission meeting.
Natural Gas
Alan Dietrich, NWPS, explained the filing. Mr. Jacobson recommended approval.
Commissioner Schoenfelder moved to approve the filing. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunications
Roger Specht, Gemini Companies, Inc., explained the complaint. Mr. Jacobson recommended deferral. Action was deferred.
Ms. Wiest recommended granting intervention to AT&T and DTG.
Commissioner Nelson moved to grant intervention to AT&T and DTG. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer recommended deferral. Action was deferred.
1. TC96-055 IN THE MATTER OF THE REQUEST BY AT&T OF THE MIDWEST, INC. TO REQUIRE THE FILINGS OF INTERCONNECTION AGREEMENTS. (Staff Attorney: Karen Cremer.)
TC96-064 IN THE MATTER OF THE FILING BY MCI TELECOMMUNICATIONS CORPORATION REGARDING U S WEST INTERCONNECTION AGREEMENTS. (Staff Attorney: Karen Cremer)
Chairman Burg moved to deny AT&T's and MCI's petitions and to find that the language in section 252(a)(1) does not require the filing of all interconnection agreements entered into prior to the act. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Chairman Burg moved that Sioux Falls Cable is subject to the certification requirements of the Commission. Commissioner Nelson seconded and Commissioner Schoenfelder dissented. Motion passed 2-1.
3. TC96-126 IN THE MATTER OF THE APPLICATION OF CFW COMMUNICATIONS SERVICES, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)
Mr. Jacobson explained that the company has requested that the application be withdrawn.
Commissioner Burg moved to allow withdrawal of the application and to close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
4. TC96-193 IN THE MATTER OF THE APPLICATION OF VENDORMATIC, INC. D/B/A HSS VENDING DISTRIBUTORS FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)
Stephen Jurman, HSS Vending, explained the application for rehearing. Ms. Cremer noted that the company has not responded to all Staff's data requests.
Commissioner Nelson moved to deny the application for rehearing. Commissioner Schoenfelder seconded. Chairman Burg concurred. Motion passed 3-0.
Chairman Burg moved to designate DTG as an eligible telecommunications carrier and to designate Dakota's present study area as its service area. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Raymond and Genene Sand explained their complaint against U S WEST regarding telephone line location. Ms. Cremer recommended finding probable cause.
Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Jacobson explained the application and recommended approval with the waiving of subparagraphs (8) and (12) of ARSD 20:10:24:02.
Commissioner Nelson moved to approve the application with the waivers noted above. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Wiest recommended finding that the request is bonafide and that the 120 day time period referenced in 47 U.S.C. ' 251(f)(1)(B) begins on August 15, 1997.
Chairman Burg moved to find that the request is bonafide and that the 120 day time period will begin on August 15, 1997. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0. Chairman Burg directed the executive director to establish a procedural schedule in this matter.
Ms. Cremer recommended a revision stating that the agreement shall be construed in accordance with the laws of the state of South Dakota.
Commissioner Nelson moved to approve the agreement with the revision stated above. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Jacobson explained the application and recommended approval with restrictions on prepaid calling cards, deposits and advance payments.
Commissioner Nelson moved to approve the application with the restrictions mentioned above. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Alice Walker, Cheyenne River Sioux Tribe Telephone Authority addressed the filing.
Commissioner Schoenfelder moved to issue an order clarifying the procedures local exchange carriers in South Dakota should follow in order to obtain ETC designation. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Stangohr explained the application and recommended granting a Certificate of Authority.
Commissioner Nelson moved to grant a Certificate of Authority. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Stangohr explained the application and recommended approval.
Chairman Burg moved to approve the application. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
17. IN THE MATTER OF EXCESSIVE CONSUMER COMPLAINTS AGAINST TELEC, INC. FOR THE UNAUTHORIZED SWITCHING OF LONG DISTANCE SERVICE. (Consumer Representative: Leni Healy.)
Emily Hampton representing Telec Incorporated was available for questions. Ms. Hook noted receipt of 35 complaints since Telec Incorporated received a Certificate of Authority in January. She also noted that she would like to have the Commission establish a policy for show cause due to excessive consumer complaints.
Commissioner Nelson moved to issue a show cause order. The motion died for lack of a second.
The meeting was adjourned.
________________________________
Shirleen Fugitt
Administrative Secretary
