110398

Public Utilities Commission
Capitol Building, 1st floor
500 E. Capitol Ave.
Pierre, SD 57501-5070
Phone: (605) 773-3201

Commission Minutes | previous page

South Dakota Public Utilities Commission Meeting
Tuesday, November 3, 1998; 1:30 P.M.
State Capitol Building, Room 412
Pierre, South Dakota

MINUTES OF THE COMMISSION 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, Dave Jacobson, Steve Wegman and Kylie Tracy, Consumer Representative Leni Healy and Administrative Secretary Shirleen Fugitt.

Also present were Kim and Marvie Tschetter, Basec.Net; Rich Coit, SDITC; Neil Schmid, Amy Ibis, Rick Noonan and Amy Johnson, FirsTel; Sandy Hofstetter and Mary Tribby, AT&T; and Mike Shaw, Heartland Telecommunications Company.

Joining the meeting by phone were Larry Hettinger, Martin & Associates/LECA; Bill Heaston and Barbara Berkenpas, DTG; Rusty Molstad and John Armstrong, NWPS; Betty Hardy, B&L Business Enterprises; Dom Sekich and Mitch Menezes, AT&T; Mary Lohnes, Midco Communications; Colleen Sevold, Tom Welk, John Devaney and Jim Gallegos, U S WEST; Donna Bult, Advanced Communications/FirsTel; Milton Klein, complainant in TC98-183; and Joann Klein, complainant in TC98-184.

Administration

1. Approval Of The Minutes Of The Commission Meetings Held On October 15, 20 and 27, 1998. (Staff: Shirleen Fugitt.)

Commissioner Nelson moved to approve the minutes of October 15, 20 and 27, 1998. 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 Affairs: Leni Healy.)

Ms. Healy presented an update on consumer inquiries and complaints received since the last Commission meeting.

Telecommunications

1. TC98-183 IN THE MATTER OF THE COMPLAINT FILED BY SHERYL L. KLEIN, VALENTINE, NEBRASKA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING POOR SERVICE AND REQUEST TO HAVE LINES UPDATED. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

2. TC98-184 IN THE MATTER OF THE COMPLAINT FILED BY JOANN C. KLEIN, VALENTINE, NEBRASKA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING POOR SERVICE AND REQUEST TO HAVE LINES UPDATED. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

Milton Klein explained his complaint against U S WEST for poor service. Joann Klein explained her similar complaint against U S WEST for poor service. Colleen Sevold representing U S WEST reported that repairs have been made and credits are being given to the customers. Mr. Hoseck recommended finding probable cause.

Commissioner Nelson moved to find probable cause in TC98-183 and TC98-184. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

3. TC96-184 IN THE MATTER OF THE PETITION FOR ARBITRATION ON BEHALF OF AT&T COMMUNICATIONS OF THE MIDWEST INC. WITH U S WEST COMMUNICATIONS, INC. (General Counsel: Rolayne Wiest.)

Mary Tribby, AT&T, addressed the petition and responded to U S WEST's opposition which was filed November 2, 1998. John Devaney, U S WEST, spoke in opposition to AT&T's motion. Ms. Wiest recommended denial of AT&T's motion.

Commissioner Schoenfelder requested additional information and moved to take this matter under advisement. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

4. TC98-061 IN THE MATTER OF THE APPLICATION OF DAKOTA TELECOM, INC. AND DAKOTA TELECOMMUNICATIONS SYSTEMS, INC. SEEKING AUTHORITY TO INVOKE SECTION 252(I) OF THE TELECOMMUNICATIONS ACT OF 1996 TO UTILIZE THE NEGOTIATED AGREEMENT BETWEEN SPRINT COMMUNICATIONS COMPANY, L.P. AND U S WEST COMMUNICATIONS, INC. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Bill Heaston representing DTG requested that the docket be closed.

Chairman Burg moved to close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

5. TC98-083 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR WESTERN TELEPHONE COMPANY. (Staff Analyst: Bob Knadle. Staff Attorney: Karen Cremer.)

Mr. Knadle explained the filing and recommended approval with the revisions that have been made.

Chairman Burg moved to approve the filing with revisions. Commissioner Nelson seconded. Commissioner Schoenfelder dissented. Motion passed 2-1.

6. TC98-100 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF AGREEMENT FOR SERVICE RESALE BETWEEN COMM SOUTH COMPANIES, INC. AND U S WEST COMMUNICATIONS, INC. (Staff Attorney: Camron Hoseck.)

Mr. Hoseck reported that Comm South wishes to withdraw this agreement.

Chairman Burg moved to allow the withdrawal of the agreement and close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

7. TC98-121 IN THE MATTER OF THE COMPLAINT FILED BY DOUGLAS G. PETTIGREW, WETONKA, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING SERVICE PROBLEMS. (Staff Analyst: Steve Wegman. Staff Attorney: Karen Cremer.)