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South Dakota Public Utilities Commission Ad Hoc Meeting

Tuesday, October 20, 1998; 2:30 P.M.

State Capitol Building, Cactus Conference Room

Pierre, South Dakota

MINUTES OF THE AD HOC MEETING

Chairman Jim Burg called the meeting to order. Present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, Deputy Director Sue Cichos, General Counsel Rolayne Ailts Wiest, Commission Advisor Greg Rislov, Staff Attorneys Karen Cremer and Camron Hoseck, Utility Analysts Harlan Best, Bob Knadle, Steve Wegman and Kylie Tracy, and Administrative Secretary Shirleen Fugitt.

Joining the meeting by phone were Dave Gerdes, MCI; Colleen Sevold, U S WEST; Donna Bult, FirsTel; Dave Conn, McLeod, USA; Loretta Spear, complainant in TC98-155; Renee Larson, complainant in TC98-156; John Steele, complainant in TC98-175; and Karen Erickson, complainant in TC98-157.

Telecommunications

5. TC98-175 IN THE MATTER OF THE COMPLAINT FILED BY JOHN R. STEELE, PLANKINTON, SOUTH DAKOTA, AGAINST MCI TELECOMMUNICATIONS CORPORATION REGARDING FRAUDULENT MARKETING PRACTICES. (Staff Attorney: Karen Cremer. Consumer Representative: Leni Healy.)

John Steele explained his complaint against MCI regarding fraudulent marketing practices. Dave Gerdes representing MCI stated that the company can't continue to offer the rate Mr. Steele was promised as it is not tariffed but Mr. Steele's bills up to this point will be re-rated at the rate he was promised and he will be reimbursed for switching his service back to DTG. Action was deferred.

1. TC98-131 IN THE MATTER OF THE APPLICATION OF MAIN STREET TELEPHONE COMPANY FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Attorney: Karen Cremer. Staff Analyst: Dave Jacobson.)

Mr. Jacobson explained the application and recommended approval with restrictions on prepaid calling cards, advance payments and deposits.

Commissioner Nelson moved to grant a Certificate of Authority with restrictions on prepaid calling cards, advance payments and deposits. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

2. TC98-155 IN THE MATTER OF THE COMPLAINT FILED BY LORETTA SPEAR, HILL CITY, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING UPDATING LINES. (Staff Attorney: Karen Cremer. Consumer Representative: Leni Healy.)

Loretta Spear explained her complaint against U S WEST regarding frequent service outages. Ms. Cremer recommended finding probable cause.

Chairman Burg moved to find probable cause and have the executive director set a procedural schedule. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

3. TC98-156 IN THE MATTER OF THE COMPLAINT FILED BY DALE W. AND P. RENE LARSON, LEAD, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC., REGARDING DISCONNECTION. (Staff Attorney: Karen Cremer. Consumer Representative: Leni Healy.)

Rene Larson explained her complaint against U S WEST regarding disconnection. Colleen Sevold, U S WEST, noted that some time had lapsed before the company was notified about this situation and the customer has been offered six months of free service. Ms. Cremer recommended finding probable cause.

Commissioner Nelson moved to find probable cause. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

4. TC98-157 IN THE MATTER OF THE COMPLAINT FILED BY KAREN M. ERICKSON, ABERDEEN, SOUTH DAKOTA, AGAINST MCLEOD USA TELECOMMUNICATIONS SERVICES, INC., REGARDING UNACCEPTABLE SERVICES. (Staff Attorney: Karen Cremer. Consumer Representative: Leni Healy.)

Karen Erickson explained her complaint against McLeod USA regarding unacceptable services. Dave Conn, McLeod USA, addressed the complaint. Ms. Erickson noted that she has switched her service to U S WEST.

Chairman Burg moved to defer action. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

The meeting was adjourned.

______________________________

Shirleen Fugitt

Administrative Secretary