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South Dakota Public Utilities Commission Meeting
Thursday, July 20, 2000; 2:00 P.M.
State Capitol Building, Room 412
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Vice Chairman Nelson called the meeting to order. Present were Commissioner Laska Schoenfelder; Commission Counsel Rolayne Ailts Wiest; Deputy Executive Director Sue Cichos; Staff Attorney Karen Cremer; Utility Analysts Heather Forney, Keith Senger, Charlene Lund, Dave Jacobson, Harlan Best, Michele Farris and Leni Healy; Transportation/Warehouse Inspector Chris Downs; and Administrative Secretary Mary Giddings.

Also present were Caren Assman and Sally Reiman, Consumers for Quality Telecom Choice; Rich Coit, SDITC; and Lori Grode, court reporter.

Joining the meeting by phone were Mary Lohnes, Midcontinent; Karen Nations, Metro Media Fiber Network; and Tim Dupic, Golden West.

Administration

1. Approval Of The Minutes Of The Commission Meeting Held On July 6, 2000. (Staff: Mary Giddings.)

Commissioner Schoenfelder moved to approve the minutes of the meeting held on July 6, 2000. Vice Chairman Nelson seconded. Motion passed 2-0.

Consumer Issues

1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Staff Analyst: Leni Healy.)

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

2. CT99-072 IN THE MATTER OF THE COMPLAINT FILED BY SUN GOLD TROPHIES, MITCHELL, SOUTH DAKOTA, AGAINST MIDCO COMMUNICATIONS, INC. D/B/A MIDCONTINENT COMMUNICATIONS, INC. AND MCI WORLDCOM REGARDING POOR SERVICE. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

CT00-061 IN THE MATTER OF THE COMPLAINT FILED BY ANNA MARIE KNOPF, SIOUX FALLS, SOUTH DAKOTA, AGAINST MIDCO COMMUNICATIONS, INC. D/B/A MIDCONTINENT COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

CT00-063 IN THE MATTER OF THE COMPLAINT FILED BY TIM AND KAY TROOIEN, WHITE, SOUTH DAKOTA, AGAINST HBS BILLING SERVICES AND BUSINESS OPTIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES AND UNAUTHORIZED BILLING FOR SERVICES. (Staff Analyst: Charlene Lund. Staff Attorney: Karen Cremer.)

CT00-073 IN THE MATTER OF THE COMPLAINT FILED BY LYNN AND LARRY MEINERS, RAPID CITY, SOUTH DAKOTA, AGAINST MINIMUM RATE PRICING REGARDING UNAUTHORIZED SWITCHING OF LONG DISTANCE PROVIDER. (Staff Analyst: Charlene Lund. Staff Attorney: Karen E. Cremer.)

CT00-074 IN THE MATTER OF THE COMPLAINT FILED BY LEON L. LENGKEEK, BROOKINGS, SOUTH DAKOTA, AGAINST CRUSADE COMMUNICATIONS AND BUSINESS OPTIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen E. Cremer.)

CT00-076 IN THE MATTER OF THE COMPLAINT FILED BY EVELYN BULTSMA, SIOUX FALLS, SOUTH DAKOTA, AGAINST EXCEL TELECOMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen E. Cremer.)

CT00-077 IN THE MATTER OF THE COMPLAINT FILED BY EVELYN BULTSMA, SIOUX FALLS, SOUTH DAKOTA, AGAINST TELCO BILLING, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen E. Cremer.)

Ms. Cremer noted that all of the complaints had been settled and recommended dismissing the complaints and closing the dockets.

Commissioner Schoenfelder moved to dismiss the complaints and close the dockets. Vice Chairman Nelson seconded. Motion passed 2-0.

Natural Gas

1. NG00-001 IN THE MATTER OF THE APPLICATION OF SOUTH DAKOTA INTRASTATE PIPELINE COMPANY TO RECOVER ADDITIONAL COSTS. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Action was deferred.

Telecommunications

1. TC00-071 IN THE MATTER OF THE APPLICATION OF INTEGRA TELECOM OF SOUTH DAKOTA, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES, INCLUDING LOCAL EXCHANGE SERVICES, IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

Action was deferred.

2. TC00-073 IN THE MATTER OF THE APPLICATION OF METROMEDIA FIBER NETWORK SERVICES, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES, INCLUDING LOCAL EXCHANGE SERVICES, IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

Karen Nations, Metromedia Fiber Network Services, Inc., explained the application and answered Commissioner Schoenfelder's questions. Ms. Farris recommended that the certificate of authority application be approved subject to the following conditions: 1) provide continuous $25,000 surety bond; 2) file tariff changes with the Commission; 3) offer local exchange services in SD except in those areas served by rural telephone company; 4) refrain from offering switched local service until the information required in ARSD 20:10:32:03(10) is provided and is approved by the Commission; and 5) grant waivers of subparagraphs ARSD 20:10:32:03(10)(11)(13).

Vice Chairman Nelson moved to grant a Certificate of Authority to Metromedia Fiber Network Services, Inc. subject to Staff's conditions as stated above. Commissioner Schoenfelder seconded. Motion passed 2-0.

3. TC00-095 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR BRIDGEWATER-CANISTOTA INDEPENDENT TELEPHONE COMPANY. (Staff Analyst: Harlan Best. Staff Attorney: Karen E. Cremer.)

Ms. Cremer recommended that a filing fee be approved, not to exceed $100,000 and with an initial fee of $3,000.

Commissioner Schoenfelder moved to assess a filing fee not to exceed $100,000 and with an initial fee of $3,000. Vice Chairman Nelson seconded. Motion passed 2-0.

4. TC00-096 IN THE MATTER OF THE REQUEST BY WEST RIVER TELECOMMUNICATIONS COOPERATIVE FOR A WAIVER OF A REQUIREMENT TO FILE A SWITCHED ACCESS COST STUDY. (Staff Analyst: Harlan Best. Staff Attorney: Karen E. Cremer.)

Mr. Best explained West River Telecommunications Cooperative's request to waive ARSD 20:10:27:07 and recommended that the waiver be approved. Commissioner Schoenfelder asked whether the current PUC policy requiring companies to submit cost studies every three years was still necessary or if that policy should receive further study with input from Staff and telecommunication companies. Rich Coit, representing SDITC, commented on the cost study requirements.

Commissioner Schoenfelder moved to waive ARSD 20:10:27:07 for one year. Vice Chairman Nelson seconded. Motion passed 2-0.

5. TC00-101 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR VIVIAN TELEPHONE COMPANY D/B/A GOLDEN WEST COMMUNICATIONS, INC. (Staff Analyst: Heather K. Forney. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended the assessment of a filing fee not to exceed $100,000 with an initial assessment of $3,000.

Commissioner Schoenfelder moved to assess a filing fee not to exceed $100,000 with an initial assessment of $3,000. Vice Chairman Nelson seconded. Motion passed 2-0.

6. TC00-102 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR THE LOCAL EXCHANGE CARRIERS ASSOCIATION. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended the assessment of a filing fee not to exceed $100,000 with an initial assessment of $3,000.

Vice Chairman Nelson moved to assess a filing fee not to exceed $100,000 with an initial assessment of $3,000. Commissioner Schoenfelder seconded. Motion passed 2-0.

7. TC00-103 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF REVISIONS TO ITS EXCHANGE AND NETWORK SERVICES TARIFF. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

Ms. Farris recommended that the proposed tariff revisions be approved. Ms. Cremer stated that U S WEST Communications, Inc. will file tariffs with Qwest's name replacing U S WEST Communication Inc.'s name.

Vice Chairman Nelson moved to approve the tariff revisions. Commissioner Schoenfelder seconded. Motion passed 2-0.

Meeting adjourned.

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Mary R. Giddings
Administrative Secretary