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South Dakota Public Utilities Commission Meeting
Tuesday, February 15, 2000; 1:30 P.M.
State Capitol Building, Room 468
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Jim Burg called the meeting to order at 2:00 P.M. Present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, Commission Advisor Greg Rislov, Commission Counsel, Rolayne Ailts Wiest, Deputy Executive Director Sue Cichos, Staff Attorneys Karen Cremer and Camron Hoseck, Utility Analysts Harlan Best, Dave Jacobson, Leni Healy, Michele Farris, Keith Senger and Heather Forney and Administrative Secretary Shirleen Fugitt.

Joining the meeting by phone were Colleen Sevold, U S WEST; Barb Berkenpas, DTG; Brian McDermott and Connie Kirkendall, @link Network, Inc.; Rogena Harris, OLS; and complainants John Endres, Rollie Jensen and Gus Orloske.

Administration

1. Approval Of The Minutes Of The Commission Meetings Held On January 27 and February 2, 2000. (Staff: Shirleen Fugitt.)

Commissioner Nelson moved to approve the minutes of January 27 and February 2, 2000. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

Consumer Issues

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.

2. CT00-020 IN THE MATTER OF THE COMPLAINT FILED BY ROLLIE JENSEN, SIOUX FALLS, SOUTH DAKOTA, AGAINST MCLEODUSA TELECOMMUNICATIONS SERVICES, INC. REGARDING DELAYED INSTALLATION. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Rollie Jensen explained his complaint against McLeodUSA. Barb Berkenpas representing McLeod USA noted no opposition to a finding of probable cause. Ms. Farris recommended finding probable cause.

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

3. CT00-026 IN THE MATTER OF THE COMPLAINT FILED BY TIMOTHY WILLIAM JOHNSON, MITCHELL, SOUTH DAKOTA, AGAINST USBI AND PREFERRED BILLING REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended finding probable cause.

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

4. CT00-027 IN THE MATTER OF THE COMPLAINT FILED BY DALE W. FREDERICK, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended finding probable cause.

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

5. CT00-028 IN THE MATTER OF THE COMPLAINT FILED BY RHONDA BENDEL, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended finding probable cause.

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

6. CT00-029 IN THE MATTER OF THE COMPLAINT FILED BY JOHN AND JEANIE ENDRES, WATERTOWN, SOUTH DAKOTA, AGAINST AMERICA'S TELE-NETWORK CORP. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

John Endres explained his complaint against America's Tele-Network. Ms. Farris explained further and recommended a finding of probable cause.

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

7. CT00-030 IN THE MATTER OF THE COMPLAINT FILED BY RANDY DAUGHENBAUGH, RAPID CITY, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING DELAYED INSTALLATION. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

Mr. Senger explained the complaint and requested deferral. Action was deferred.

8. CT00-031 IN THE MATTER OF THE COMPLAINT FILED BY GUSTAVE ORLOSKE, HILL CITY, SOUTH DAKOTA, AGAINST ACCUTEL COMMUNICATIONS, INC. AND USBI REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

Mr. Orloske explained his complaint against Accutel. Ms. Cremer recommended a finding of probable cause.

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

Telecommunications

1. TC00-001 IN THE MATTER OF THE APPLICATION OF EZTEL NETWORK SERVICES, LLC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Camron Hoseck.)

Mr. Senger explained the application and recommended approval with the waiver of ARSD 24:10:24:02(8) and restrictions on prepaid calling cards, advance payments and deposits.

Chairman Burg moved to approve the application with the waiver and restrictions noted above. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

2. TC99-054 IN THE MATTER OF THE FILING BY FORT RANDALL TELEPHONE COMPANY AND MOUNT RUSHMORE TELEPHONE COMPANY TO ESTABLISH SWITCHED ACCESS RATES. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Mr. Best explained the filing and recommended approval of the revised tariff pages.

Commissioner Nelson moved to approve the revised tariff pages. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

3. TC99-089 IN THE MATTER OF THE APPLICATION OF @LINK NETWORKS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES, INCLUDING LOCAL EXCHANGE SERVICES, IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Connie Kirkendall, @link Network, Inc., explained the application. Ms. Forney reported that the company wishes to amend the application to exclude the filing of a surety bond and include restrictions on prepaid calling cards, advance payments and deposits. Ms. Cremer recommended approval of the amended Certificate of Authority.

Chairman Burg moved to amend the Certificate of Authority of @link Network, Inc. Commissioner Nelson seconded. Commissioner Schoenfelder dissented. Motion passed 2-1.

4. TC99-121 IN THE MATTER OF THE APPLICATION OF WEBNET COMMUNICATIONS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Camron Hoseck.)

Mr. Senger explained the application and recommended approval with the waiver of ARSD 20:10:24:02(8) and with restrictions on prepaid calling cards, advance payments and deposits.

Chairman Burg moved to approve the application with the waiver and restrictions noted above. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

The meeting was adjourned.

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Shirleen Fugitt
Administrative Secretary