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South Dakota Public Utilities Commission Meeting
Tuesday, September 26, 2000; 9:30 A.M.
State Capitol Building, Room 412
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Burg called the meeting to order. Present were Commissioner Pam Nelson; Commissioner Laska Schoenfelder; Executive Director Bill Bullard; Commission Advisor Greg Rislov; Commission Counsel Rolayne Ailts Wiest; Staff Attorney Karen Cremer; Deputy Executive Director Sue Cichos; Utility Analysts Charlene Lund, Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Leni Healy, Michele Farris; and Administrative Secretary Mary Giddings.

Also present were R. H. Miller, South Dakota Electric Utility Companies; Neil Fulton, WorldCom and USBI; Marlene Johnson and Kevin Kouba, Otter Tail Power Co.; Greg Bernard and Kyle White, Black Hills FiberCom, LLC; Rich Coit, SDITC; Dave Gerdes, MCI/ WorldCom; Brenda Kleinjan, SDREA; and Lori Grode, court reporter.

Joining the meeting by phone were Mary Lohnes, Midcontinent Cable; Colleen Sevold, Tom Welk and Alex Duarte, Qwest; Susan Stewart, Marv Sorensen and Gene Harrison, MidAmerican Energy; Brian Jones, I-link Communications; Janet Kittams-Lalley and Carol Muller, Help Line Center; Steve Weigler and Sandy Hofstetter, AT&T; Tim Dupic, Vivian Telephone Company; Roger Specht, Gemini Company; and Marissa Repp, Hogan & Hartson.

Administration

1. Approval Of The Minutes Of The Commission Meetings Held On September 13, 2000. (Staff: Mary Giddings.)

Chairman Burg moved to approve the minutes of the Commission meeting held on September 13, 2000. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

Consumer Issues

1. IN THE MATTER OF DISMISSING CT00-092 AND CT00-097.

CT00-092 IN THE MATTER OF THE COMPLAINT FILED BY DARRELL AND BETTE JOHNSON, BROOKINGS, SOUTH DAKOTA, AGAINST SPRINT COMMUNICATIONS COMPANY L.P. REGARDING UNAUTHORIZED SWITCHING OF SERVICES AND UNAUTHORIZED BILLING OF LONG DISTANCE SERVICES. (Staff Analyst: Charlene Lund. Staff Attorney: Karen Cremer.)

CT00-097 IN THE MATTER OF THE COMPLAINT FILED BY JOHN M. LYNCH, SIOUX FALLS, SOUTH DAKOTA, AGAINST MCI WORLDCOM REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Chairman Burg moved to dismiss the complaints and close the dockets on the above matters. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

2. CT00-055 IN THE MATTER OF THE COMPLAINT FILED BY BLACK HILLS FIBERCOM, L.L.C., RAPID CITY, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING COMPETITIVE PRICING AND PROMOTION PRACTICES. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Tom Welk, representing Qwest, explained its position on its motion to dismiss. Greg Bernard, representing FiberCom, explained why the motion to dismiss should be denied.

Commissioner Nelson moved to deny the motion to dismiss. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

3. CT00-060 IN THE MATTER OF THE COMPLAINT FILED BY DON AND JUDY BLINDAUER, MITCHELL, SOUTH DAKOTA, AGAINST SPRINT COMMUNICATIONS COMPANY L.P. REGARDING UNAUTHORIZED SWITCHING OF LONG DISTANCE PROVIDER. (Staff Analyst: Charlene Lund. Staff Attorney: Karen Cremer.)

Brian Jones, representing I-link, stated that he felt I-link should not be added as a party because I-link had served the Blindauers for over a year with no problems. Ms. Lund and Ms. Cremer recommended that I-link be added as a party so that the role of each company could be clarified.

Commissioner Schoenfelder moved to add I-link Communications, Inc. as a party with the hearing rescheduled for a later date. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

4. CT00-098 IN THE MATTER OF THE COMPLAINT FILED BY BERT FLATEN, SIOUX FALLS, SOUTH DAKOTA, AGAINST AT&T COMMUNICATIONS OF THE MIDWEST, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended that the motion to dismiss be granted as Mr. Flaten did not object to the granting of the motion.

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

Addendum

1. CT00-096 IN THE MATTER OF THE COMPLAINT FILED BY THERMO BOND BUILDINGS INT'L, INC., ELK POINT, SOUTH DAKOTA, AGAINST QWEST CORPORATION, FORMERLY KNOWN AS U S WEST COMMUNICATIONS, INC., MCI WORLDCOM AND USBI REGARDING UNAUTHORIZED CHARGES AND EXORBITANT RATES AFTER SWITCHING ITS LONG DISTANCE SERVICES TO MCI. (Staff Analyst: Charlene Lund. Staff Attorney: Karen E. Cremer.)

Neil Fulton, representing USBI, explained its motion to dismiss. After the Commission action, Ms. Wiest stated that the motion for continuance was moot since the motion to dismiss was granted.

Chairman Burg moved to grant the motion to dismiss. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

2. CT00-099 IN THE MATTER OF THE COMPLAINT FILED BY JIM AND GEORGIA BACON, CUSTER, SOUTH DAKOTA, AGAINST LIGHTYEAR COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter had been settled and recommended dismissing the complaint and closing the docket.

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

Electric

1. EL00-025 IN THE MATTER OF THE JOINT REQUEST FOR ASSIGNED SERVICE TERRITORY EXCEPTION BETWEEN WATERTOWN MUNICIPAL UTILITIES DEPARTMENT AND CODINGTON-CLARK ELECTRIC COOPERATIVE, INC. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

Ms. Farris recommended that the exception to the assigned service territory be granted.

Chairman Burg moved to approve the assigned service territory exception. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

Natural Gas

1. NG00-008 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF A REFUND PLAN FOR 2000 DISTRIBUTION OF KANSAS AD VALOREM TAX REFUND. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Marv Sorensen, representing MidAmerican Energy, explained the refund plan. Mr. Jacobson commented on the plan. Mr. Rislov stated that if the Commission was to be consistent, past customers would not be specified.

Chairman Burg moved to approve the proposed refund plan for the 2000 distribution of the Kansas ad valorem tax refund to sales customers only. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

Telecommunications

1. TC00-057 IN THE MATTER OF THE APPLICATION OF VOLUNTEER & INFORMATION CENTER FOR THE ASSIGNMENT OF THE N11 DIALING CODE OF 211 TO PROVIDE FREE INFORMATION AND REFERRALS TO COMMUNITY SERVICE ORGANIZATIONS. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

Carol Muller, representing the Help Line Center, explained the 211 service. Ms. Wiest asked if any action needed to be taken by the Commission since the FCC had assigned the 211 number. The parties agreed that no action needed to be taken by the Commission.

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

2. TC00-092 IN THE MATTER OF THE APPLICATION OF RAPTEL COMMUNICATIONS, LLC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Ms. Forney recommended that the COA application be approved with the waiver of ARSD 20:10:24:02 (8) and restrictions from offering prepaid calling cards or from accepting customer deposits or advance payments.

Commissioner Nelson moved to grant a Certificate of Authority to RapTel with the waiver and restrictions as noted above. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

3. TC00-107 IN THE MATTER OF THE FILING FOR APPROVAL OF FIRST AND SECOND AMENDMENTS TO THE INTERCONNECTION AGREEMENT BETWEEN MCLEODUSA TELECOMMUNICATIONS SERVICES, INC. AND U S WEST COMMUNICATIONS, INC. (Staff Attorney: Karen Cremer.)

Ms. Cremer recommended approval of the interconnection agreement amendments.

Commissioner Nelson moved to approve the interconnection agreement amendments. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

4. TC00-108 IN THE MATTER OF THE FILING FOR APPROVAL OF A PAGING CONNECTION AGREEMENT BETWEEN U S WEST COMMUNICATIONS, INC. AND ARCH PAGING, INC. AND MOBILE COMMUNICATIONS CORPORATION OF AMERICA. (Staff Attorney: Karen Cremer.)

Ms. Cremer recommended that the agreement be approved.

Commissioner Schoenfelder moved to approve the proposed interconnection agreement between U S WEST Communications, Inc. and Arch Paging, Inc. and Mobile Communications Corporation of America. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

5. TC00-119 IN THE MATTER OF THE FILING FOR APPROVAL OF A THIRD AMENDMENT TO THE INTERCONNECTION AGREEMENT BETWEEN MCLEODUSA TELECOMMUNICATIONS SERVICES, INC. AND QWEST CORPORATION (FORMERLY U S WEST COMMUNICATIONS, INC.). (Staff Attorney: Karen Cremer.)

Ms. Cremer recommended that the proposed interconnection agreement be approved.

Chairman Burg moved to approve the proposed third amendment between McLeodUSA Telecommunications Services, Inc. and Qwest Corporation (formerly U S WEST Communications, Inc.). Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

6. TC00-122 IN THE MATTER OF THE APPLICATION OF CYBERTEL, COMMUNICATIONS CORP. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney.)

Ms. Forney recommended that the COA application be approved with restrictions from offering prepaid calling cards or from accepting customer deposits or advance payments.

Chairman Burg moved to grant a certificate of authority to Cybertel with restrictions as noted above. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

7. TC00-129 IN THE MATTER OF THE APPLICATION OF ZONE TELECOM, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney.)

Ms. Forney recommended that the COA be granted with waivers from ARSD 20:10:24:02 (8) and 20:10:24:02 (11), with restrictions from offering prepaid calling cards or from accepting customer deposits or advance payments and with an effective date of October 24, 2000.

Commissioner Nelson moved to grant a certificate of authority to Zone Telecom, Inc. with waivers and restrictions as noted above with an effective date of October 24, 2000. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

8. TC00-130 IN THE MATTER OF THE FILING BY THE LOCAL EXCHANGE CARRIERS ASSOCIATION FOR APPROVAL TO ADD ADDITIONAL EXCHANGES TO INTERSTATE TELECOMMUNICATIONS COOPERATIVE, INC. AND VIVIAN TELEPHONE COMPANY AND FOR A FEW MINOR TEXT CHANGES. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Rich Coit, SDITC, explained the revised tariff. Tim Dupic, Vivian Telephone Company, also explained the tariff revisions. Ms. Forney recommended that the revised tariff be approved.

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

9. TC00-131 IN THE MATTER OF THE FILING FOR APPROVAL OF A FIRST AMENDMENT TO AN INTERCONNECTION AGREEMENT BETWEEN BROOKINGS MUNICIPAL UTILITIES TELEPHONE DEPARTMENT d/b/a SWIFTEL COMMUNICATIONS AND QWEST CORPORATION. (Staff Attorney: Karen Cremer.)

Ms. Cremer recommended that the amended interconnection agreement be approved.

Chairman Burg moved to approve the amended interconnection agreement between Qwest Corporation and Brookings Municipal Utilities Telephone Department d/b/a Swiftel Communications. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

10. TC00-133 IN THE MATTER OF THE FILING FOR APPROVAL OF AN INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION AND @LINK NETWORKS, INC. (Staff Attorney: Karen Cremer.)

Ms. Cremer recommended that the interconnection agreement be approved.

Commissioner Nelson moved to approve the interconnection agreement between Qwest Corporation and @link Networks, Inc. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

Addendum

1. TC00-136 IN THE MATTER OF THE FILING BY QWEST CORPORATION FOR APPROVAL OF REVISIONS TO ITS EXCHANGE AND NETWORK SERVICES TARIFF. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Colleen Sevold, representing Qwest, explained the proposed tariff revisions. Ms. Wiest requested that the items inadvertently omitted from the revisions be added. Ms. Sevold stated that this would be done in a timely manner to comply with the FCC October 1, 2000, deadline. Ms. Wiest also asked if Qwest had checked into whether its service territory contained Indian settlement or trust lands. Commissioner Schoenfelder recommended that the tribal land boundaries in the Yankton area be carefully checked. Action was deferred.

Meeting adjourned.

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Mary Giddings, Administrative Secretary