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South Dakota Public Utilities Commission Meeting
Thursday, February 20, 2003; 2:00 p.m.
State Capitol Building, Room 464
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Bob Sahr called the meeting to order. Also present were Vice Chairman Gary Hanson; Commissioner Jim Burg; Executive Director Pam Bonrud; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorney Rolayne Ailts Wiest; Commission Counsel John Smith; Staff Attorney Kelly Frazier; Staff Attorney Karen Cremer; Staff Analysts Dave Jacobson, Harlan Best, Bonnie Bjork, Keith Senger, James Mehlhaff, and Michele Farris; and Administrative Secretary Tina Douglas.
Also present were Brett Koenecke, representing Montana-Dakota Utilities Co., Xcel Energy, and Midcontinent Communications; Bob Miller, South Dakota Electric Utility Companies; Larry Toll, Qwest; Richard Coit, South Dakota Telecommunications Association; Kyle White, Black Hills Corporation; Bob Riter, McLeodUSA Telecommunications Services, Inc.; Talbot Wieczorek, Western Wireless; Colleen Sevold, Qwest; Kevin Kouba, Otter Tail Power Co.; Jim Wilcox, Xcel Energy; Warren Lotsberg, NorthWestern Energy; Nicole Schrubb, Black Hills Corporation; and Barbara Thirstrup, Black Hills Corporation.
Joining the meeting by telephone were Jeff Carmon, Tim Goodwin, Tom Welk, and Mary Hobson, Qwest Corporation; Mary Lohnes, Midcontinent Communications; Mike Bradley, Aquila Inc.; Susan Stewart, Glenn Ivarsen, Karen Huizenga, Barb Coughlin, and Mark Rodvold, MidAmerican Energy Company; Pat Mastel, PrairieWave; Suzie Rao, Western Wireless Corporation; Janet Browne, and Steve Weigler, AT&T; Joe Schuele, Martin Group; Rita Mulkern, Montana-Dakota Utilities Co.; Ron Spangler, Otter Tail Power Co.; and Don Martinez, Black Hills Power and Light.
Administration
1. APPROVAL OF THE MINUTES OF THE COMMISSION MEETING HELD ON JANUARY 16, 2003, AND THE AD HOC MEETING HELD ON FEBRUARY 4, 2003. (Staff: Tina Douglas.)
Commissioner Hanson moved to approve the minutes of the Commission meeting held on January 16, 2003, and the Ad Hoc Meeting held on February 4, 2003. Commissioner Burg seconded and Chairman Sahr concurred. Motion passed 3-0.
Consumer Issues
1. STATUS REPORT ON CONSUMER UTILITY INQUIRIES AND COMPLAINTS RECENTLY RECEIVED BY THE COMMISSION. (Staff Analyst: James Mehlhaff.)
Mr. Mehlhaff presented an update on inquiries and complaints received since the last Commission meeting. The Commission has received a total of 187 consumer contacts during 2003. 174 contacts have been received since the last report at the January 16, 2003, Commission meeting. 147 of the total contacts involve telecommunication issues. There have also been 23 contacts involving electricity, 12 contacts involving natural gas, 3 contacts involving gas and electricity and 2 miscellaneous contacts involving services not regulated by the PUC. 120 of the 187 complaints registered in 2003 have been resolved informally and at this time 1840 of the 1916 complaints from 2002 have been resolved.
Chairman Sahr introduced James Mehlhaff as one of the contact persons for consumer complaints. Chairman Sahr indicated that Terri Iverson will be the other contact person for consumer complaints.
2. IN THE MATTER OF DISMISSING DOCKETS CE03-001; CN03-001; CT03-002
Complainant states that NorthWestern Energy put service in her name without her authorization. Complainant requests that charges be removed from her name and that NorthWestern discontinue the practice of putting service in an individual's name without written or verbal authorization from the individual.
Complainant states that after selling her property at 1000 N. Minnesota, she contacted MidAmerican and asked that it remove her name from the billing at this address and to inquire about what her final bill would be. In January 2003, Complainant requested that MidAmerican put her name on the billing address at 3316 N. 9th Ave. MidAmerican told her that it could not put her name on the account because she had service in her name at 1000 N. Minnesota and had an outstanding bill of $240.00. Complainant requests that service be removed from her name at 1000 N. Minnesota, effective January 15, 2002, that the outstanding bill at this address be removed from her name and that she be allowed service in her name at 3316 N. 9th Ave., effective immediately.
Complainant states that his long distance service was switched without his authorization. Complainant requests $1,000.00 as allowed by South Dakota law for the unauthorized switch and that he be reimbursed for all expenses to resolve the complaint.
Chairman Sahr inquired of commission staff concerning the status of these complaints. Ms. Cremer and Mr. Frazier stated they had been satisfactorily resolved.
Commissioner Hanson moved to dismiss the complaints and close dockets CE03-001; CN03-001; and CT03-002. Commissioner Burg seconded and Chairman Sahr concurred. Motion passed 3-0.
3. CN02-003 IN THE MATTER OF THE COMPLAINT FILED BY PATTI VOIGT, SIOUX FALLS, SOUTH DAKOTA, AGAINST AQUILA, INC. F/K/A PEOPLES NATURAL GAS COMPANY REGARDING CHARGES RESULTING FROM A GAS LEAK. (Staff Attorney: Kelly Frazier.)
Mr. Frazier stated that on December 11, 2002, the Commission received a complaint from Patti Voigt against Aquila, Inc. (Aquila) f/k/a Peoples Natural Gas Company (Peoples) f/k/a Energy One. According to the Complainant, the company billed her approximately $4,000.00 for leaked natural gas and wrongfully turned her account over to a collection agency. The Complainant also alleges that Aquila drives over newly planted crops each spring when it comes to check the meter. The Complainant disputes the bill and seeks relief from having to pay the remainder of the bill associated with the gas leak. On December 21, 2002, Aquila filed an Answer and Motion to Dismiss. Mike Bradley, Aquila, Inc. stated that leak was not caused by the Company and that Ms. Voigt should be responsible for the bill. Mr. Frazier stated that Ms. Voigt acknowledged that she had not been reading the meter on a monthly basis as requested by the Company. She was satisfied with the adjustment of $730.00 and will be starting to pay the $100.00 a month payment she was previously making. Commissioner Burg asked why had the bill been turned over so quickly to collection? Mr. Bradley said that Aquila is a big corporation and the bill had been regrettably turned over to collection quickly. Commissioner Burg stated he would like to see the Company offer to reinstate the payment plan that Complainant had been on. Mike Bradley of Aquila stated that the Company would reinstate the payment plan.
Commissioner Burg moved to grant Aquila's Motion to Dismiss and close docket CN02-003. Chairman Sahr seconded and Commissioner Hanson concurred. Motion passed 3-0.
Complainant states that in July 2000, it agreed to switch its business service from Qwest to McLeodUSA (McLeod). On July 19, 2000, at approximately 3:00 a.m. Complainant found that it had no telephone service because McLeod did not have the same switch date as Qwest. Qwest restored Complainant's service at approximately 12:00 p.m. on July 19th. The Complainant's service was then scheduled to switch to McLeod on August 15, 2000. At approximately 6:00 a.m. Qwest disconnected Complainant's service he service was not connected with McLeod. Qwest restored Complainant's service at approximately 9:00 p.m. Complainant then met with Larry Selensky, McLeod Representative, to discuss the problem. Larry stated that the Complainant would receive a $3,000.00 credit for all of its trouble and assured the Complainant that the switch scheduled on December 8, 2000 would go smoothly. On November 30, 2000, Complainant's service was disconnected by Qwest at 10:30 a.m. When McLeod was unable to connect service, Qwest restored the Complainant's service on December 1, 2000, at approximately 3:00 p.m. Complainant's service was never switched to McLeod. Complainant requests that it be reimbursed for vendor bills, employee wages and lost revenue in the amount of $5,949.01. On February 7, 2003, McLeodUSA filed a Motion to add Qwest Corporation as a third party to the complaint. Mr. Welk, Qwest, stated that it had no objection to the motion. Mr. Riter, McLeodUSA, had no comment since Qwest had no objection.
Chairman Sahr moved to approve the motion to add Qwest Corporation as a third party to the complaint. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
Electric
Jim Wilcox, Xcel Energy, explained the filing of a "Joint Request for an Electric Service Territory Boundary Modification," on January 8, 2003, between Xcel Energy and Central Electric Cooperative. This agreement seeks an exception to the existing service territory near Carthage, South Dakota. The area to be transferred from Central Electric to Xcel Energy is described as the wind tower and its associated facilities located approximately one mile West of Carthage and 159 feet North of 222nd Avenue residing in the SW 1/4 of Section 12 of Red Stone Township T108N R58W in Miner County, South Dakota, together with a line to connect with Xcel's system. Mr. Wilcox stated that Xcel Energy does not want this exception to establish a precedent and would like it duly noted that it is not Xcel Energy's intention to make such exceptions in every case to accommodate out-of-territory wind generators. Ms. Farris stated that this exception benefits all parties and recommended approval of granting the service rights exception.
Commissioner Burg moved to approve the service rights exception between Xcel Energy and Central Electric Cooperative, Inc. Chairman Sahr seconded and Commissioner Hanson concurred. Motion passed 3-0.
Ron Spangler, Otter Tail Power Co., explained the application by Otter Tail Power Company for approval of a contract with deviations with the City of DeSmet. The current municipal contract providing electrical service expires February 1, 2003. The new contract contains rates that are not otherwise tariffed. Mr. Spangler also requested to file on less than the 30 days notice because the company had a hard time getting all the signatures. Mr. Jacobson recommended approval of the contract with deviations with the City of DeSmet with an effective date of February 1, 2003. Mr. Jacobson also recommended that all future municipal street lighting contracts with deviations reflect current or post-restructuring rates.
Commissioner Burg moved to approve the contract with deviations and also recommended that all future municipal street lighting contracts with deviations reflect current or post-restructuring rates. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
Kyle White explained the application of Black Hills Power for approval of electric tariff revisions which will allow snow making equipment to be served by the Energy Storage Service rate. The application also would revise tariffs to eliminate State University Service which is no longer being utilized. Mr. Jacobson recommended approval of the proposed tariff revisions.
Commissioner Hanson moved to approve the electric tariff revisions which will allow snow making equipment to be served by the Energy Storage Service Rate and would also revise tariffs to eliminate Sate University Service which is no longer being utilized. Chairman Sahr seconded and Commissioner Burg concurred. Motion passed 3-0.
Natural Gas
Susan Stewart explained the application by MidAmerican Energy Company for approval of its 2002 Economic Development Report and 2003 Economic Development Plan in accordance with the Settlement Stipulation in Docket NG01-010. The Settlement Stipulation specifies that economic development expenses up to $100,000 shall be equally paid by ratepayers ($50,000) and shareholders ($50,000) and that MidAmerican's programs will be submitted for approval on an annual basis. Commissioner Hanson asked how the company arrived at the funding. Glenn Ivarsen said it is reviewed by analyzing the needs and requests of the economic groups in MidAmerican's territory. Mr. Jacobson recommend approval of MidAmerican Energy Company's 2002 Economic Development Report and the 2003 Economic Development Plan subject to modifications. Chairman Sahr and Commissioner Hanson recommended that in the future, MidAmerican present proposal early enough in the process to allow the Commission input before the recipients are notified of their grants.
Commissioner Hanson moved to approve the 2002 Economic Development Report and the 2003 Economic Development Plan subject to modifications. Chairman Sahr seconded and Commissioner Burg concurred. Motion passed 3-0.
Rita Mulkern, Montana-Dakota Utilities Co. explained the application by Montana-Dakota Utilities Co. for approval of waiver of Purchased Gas Adjustment tariff provisions which will allow the annual surcharge adjustment to be recalculated and made effective March 1, 2003. The tariff provisions requested to be waived specify a recalculated surcharge to take effect May 1, 2003. The effect of the early surcharge recalculation will be an increase in rates for March and April billings and a probable decrease thereafter compared to leaving the current surcharge adjustment in effect. Mr. Jacobson stated the result will be a more accurate pass through of what the gas costs actually are. Mr. Jacobson recommended the approval of Montana-Dakota Utilities Co.'s waiver of its purchased gas adjustment tariff.
Commissioner Burg moved to approve the waiver of Montana-Dakota Utilities Co. of its purchased gas adjustment tariff. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
Telecommunications
On October 25, 2001, Qwest Corporation filed with the Commission a Petition For Commission Recommendation That The Federal Communications Commission Grant Qwest Corporation Entry Into The In-Region InterLATA Market Under Section 271 Of The Telecommunications Act Of 1996. Specifically, Qwest Corporation requests that this Commission find, based upon the record presented, that Qwest Corporation has met the competitive checklist and other requirements of 47 U.S.C. Section 271, which prescribes the mechanism by which Qwest Corporation may be found eligible to provide in-region interLATA services and rely upon that finding to provide a favorable recommendation to the Federal Communications Commission. In support of its petition, Qwest Corporation submitted 25 affidavits, a revised Statement of Generally Available Terms, and 7 Reports submitted in the Seven-State Process. Ms. Hobson, Qwest, stated that it had filed a Notice of Compliance for Qwest Performance Assurance Plan. Steve Weigler, AT&T, stated that 16.0 was put into the QPAP as recommended by the Commission hen Qwest added 16.1.2 stating that it takes away the Commission authority. Chairman Sahr said he did note the language in 16.0 and 16.1.2, but Qwest has agreed to the 15 million dollar floor or cap.
Chairman Sahr moved that the Commission find that Qwest's entry into the interLATA market in South Dakota is in the public interest. He stated that he believed that Qwest has substantially complied with the Commission's previous order and the addition of section 16.1.2 does not impair the Commission's ability to make changes to QPAP, if necessary. He noted that a party always has the opportunity to raise the issue of jurisdiction. He further moved that the Commission recommend to the FCC that the FCC grant Qwest's application of authority under section 271 to provide in-region interLATA services in the state of South Dakota. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
On June 20, 2002, the Commission received for approval a filing of an Agreement for Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunications Services between Qwest Corporation (Qwest) and BridgeBand Communications Inc., (BridgeBand). According to the parties, the agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will offer and provide to any requesting CLEC network interconnection, access to unbundled network elements, ancillary services and telecommunications services available for resale. The Agreement is limited to the geographical areas in which Qwest is the incumbent local exchange carrier within the State of South Dakota for purposes of providing local telecommunications services. Mr. Frazier recommended denial because the company had not obtained a Certificate of Authority from the Commission and had not given staff any date upon which they planned to file.
Commissioner Burg moved to deny approval of the filing of the Agreement for Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunications Services between Qwest Corporation and BridgeBand Communications Inc. Chairman Sahr seconded and Commissioner Hanson concurred. Motion passed 3-0.
Mr. Senger explained that on January 3, 2003, the Commission approved a Certificate of Authority for NobelTel, LLC to provide interexchange telecommunications services in South Dakota with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments. On January 8, 2003, the Commission received a request from NobelTel, LLC for removal of those restrictions. Mr. Senger stated that NobelTel, LLC has filed the $25,000.00 bond as requested by staff. Mr. Senger recommended that NobelTel's Certificate of Authority be amended to remove the restrictions.
Commissioner Burg moved to amend NobelTel's Certificate of Authority by removal of restrictions from offering prepaid calling cards or accepting customer deposits or advance payments. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
Ms. Farris stated that Startec Global Licensing Company has filed an application with the South Dakota Public Utilities Commission for a Certificate of Authority to provide interexchange service in South Dakota. The applicant intends to provide resold interexchange service, including MTS, in-WATS, out-WATS, and Debit Card services throughout South Dakota. Startec Global Licensing Company was unable to provide a cash flow statement as a result Ms Farris recommended that Startec be granted a waiver from ARSD 20:10:24:02(8). Ms. Farris recommended that Startec Global Licensing Company be approved for a Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments.
Commissioner Hanson moved to grant Startec Global Licensing Company's Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments and to grant a waiver from ARSD 20:10:24:02(8). Commissioner Burg seconded and Chairman Sahr concurred. Motion passed 3-0.
Mr. Jacobson explained the application by National Access Long Distance, Inc. for a certificate of authority to provide interexchange telecommunications services in South Dakota on a resold basis. Mr. Jacobson recommended approval of National Access Long Distance, Inc.'s Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments. Mr. Jacobson also recommended that National Access Long Distance, Inc. be granted a waiver from ARSD 20:10:24:02(8).
Commissioner Burg moved to grant National Access Long Distance, Inc.'s Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments and to grant a waiver from ARSD 20:10:24:02(8). Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
Kelly Frazier explained on November 14, 2002, the Commission received a filing of LIS Inter Local Calling Area Facility Amendment to the Interconnection Agreement between Qwest Corporation f/k/a U S WEST (Qwest) and PrairieWave Telecommunications, Inc. f/k/a McLeodUSA Telecom Development, Inc. f/k/a Dakota Telecom, Inc. According to the parties, this is an Amendment to the Interconnection Agreement approved by the Commission in Docket TC97-126, effective October 21, 1998. The Interconnection Agreement in TC97-126 was originally between U S WEST Communications, Inc., Dakota Telecom, Inc. and Dakota Telecommunications Systems, Inc. U S WEST subsequently changed its name to Qwest. Dakota Telecom, Inc. subsequently changed its name to McLeodUSA Telecom Development, Inc. and again changed its name to PrairieWave. Dakota Telecommunications Systems, Inc. is not a party to the November 14, 2002, filing. According to the parties, the Amendment is made in order to add to the agreement the terms, conditions and rates for LIS Inter Local Calling Area (LCA) Facility as set forth in Attachment 1, attached to the Amendment. Qwest had no comment. Mr. Frazier stated that the Agreement has been properly filed, no comments were filed, and recommended approval.
Commissioner Burg moved to approve the proposed agreement in TC02-185. Chairman Sahr seconded and Commissioner Hanson concurred. Motion passed 3-0.
Kelly Frazier explained on December 18, 2002, a filing of Single Point of Presence/Term Amendment to Paging Connection Agreement Between Arch Wireless Operating Company, Inc. (Arch) and Qwest Corporation in the State of South Dakota was received by the Commission for approval. According to the parties, this is an Amendment to the negotiated paging connection agreement between Arch and Qwest which was approved by this Commission on September 29, 2000, in Docket No. TC00-108. The agreement is amended to include the addition of SPOP in the LATA language as set forth in Attachment 1 and Exhibit A attached to the Amendment. Mr. Frazier stated that the Amendment has been properly filed, no comments were filed, and recommended approval.
Chairman Sahr moved to approve the proposed Amendment in TC02-207. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
Kelly Frazier explained on December 27, 2002, the Commission received a filing of a CLEC-To-CLEC Connections, CLEC-To-CLEC Cross Connections and Early Access Amendment to the Interconnection Agreement between Qwest Corporation and Sprint Communications Company L.P. According to the parties, this is an Amendment to the negotiated Interconnection Agreement approved by the Commission in Docket TC01-151, effective November 13, 2001. According to the parties, the Agreement is amended by adding terms and conditions for CLEC-To- CLEC Connections, CLEC-To-CLEC Cross Connections and Early Access as set forth in Attachment 1 and Exhibit A, attached to the Amendment. Mr. Frazier stated that the Amendment has been properly filed, no comments were filed, and recommended approval.
Commissioner Burg moved to approve the proposed Amendment in TC02-209. Chairman Sahr seconded and Commissioner Hanson concurred. Motion passed 3-0.
Kelly Frazier explained on January 7, 2003, the Commission received for approval a Filing of Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, and Resale of Telecommunication Services Provided by Qwest Corporation in the State of South Dakota to VP Telecom (Third Revision - First Amended - November 15, 2002). According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will offer and provide to any requesting CLEC network interconnection, access to unbundled network elements, ancillary services and telecommunications services available for resale within the geographical areas in which Qwest is providing local exchange service at that time and for which Qwest is the incumbent local exchange carrier within the State of South Dakota for purposes of providing local telecommunications services. Mr. Frazier stated that since filing the agreement the company has sent a letter requesting a name change from VP Telecom, Inc. to OrbitCom, Inc. and should be noted in the order. Mr. Frazier stated that the Agreement has been properly filed, no comments were filed, and recommended approval.
Commissioner Hanson moved to approve the proposed agreement in TC03-001 and that the name change from VP Telecom, Inc. to OrbitCom, Inc. should be reflected in the order. Commissioner Burg seconded and Chairman Sahr concurred. Motion passed 3-0.
Keith Senger explained on January 10, 2003, NOS Communications, Inc. filed a request for approval of switched access rates with consideration of ARSD 20:10:27:07 being waived. The Applicant has also requested a waiver of ARSD 20:10:27:12. NOS Communications, Inc. intends to mirror the switched access tariffed rates of Qwest. Mr. Senger recommended approval of the switched access tariff. Mr. Senger recommended that NOS Communications be granted a waiver from ARSD 20:10:27:07 and from ARSD 20:10:27:12.
Chairman Sahr moved to approve NOS Communications, Inc. intrastate switched access tariff, and also to grant a waiver from ARSD 20:10:27:07 and from ARSD 20:10:27:12. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
Michele Farris explained that Valley Telecommunications and Venture Communications have filed a joint petition proposing changes to several exchange boundaries. The proposed exchange boundaries affect the following exchanges: Glenham/Selby, Mound City/Selby, Eureka/Selby, Hosmer/Bowdle, Ipswich/Roscoe. Ms. Farris stated that no customers will be affected by the boundary change. Both Valley Telecommunications and Venture Communications have asked for a waiver from ARSD 20:10:32:03(1) through (7), (9) through (21) and (23) and Ms. Farris recommended the granting of the waiver. Ms. Farris also recommended the amendment of the Certificate of Authority and the boundary change because of SDCL 49-31-69.
Commissioner Burg moved to approve the amendment of the Certificates of Authority for Valley Telecommunications Cooperative Association, Inc. and Venture Communications Cooperative reflecting the boundary changes and also to grant a waiver from ARSD 20:10:32:03(1) through (7), (9) through (21) and (23). Chairman Sahr seconded and Commissioner Hanson concurred. Motion passed 3-0.
Keith Senger explained that Alticomm, Inc. is seeking a Certificate of Authority to provide interexchange and local exchange telecommunication services in South Dakota. The applicant intends to provide a full range of services on a resale basis. Mr. Senger recommended granting of a Certificate of Authority subject to rural safeguards with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments with an effective date of March 14, 2003.
Commissioner Hanson moved to grant Alticomm, Inc.'s Certificate of Authority subject to rural safeguards with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments with an effective date of March 14, 2003. Commissioner Burg seconded and Chairman Sahr concurred. Motion passed 3-0.
Kelly Frazier explained on January 15, 2003, the Commission received for approval a filing of an Amendment to an Interconnection Agreement between Qwest Corporation (Qwest) and FiberComm, L.C. (FiberComm). According to the parties, the Amendment is a negotiated amendment to the Agreement between the parties approved by the Commission in Docket TC01- 020 which became effective July 12, 2001. The Amendment is made in order to add terms and conditions for the Special Request Process as set forth in Exhibit B attached to the Amendment. Mr. Frazier stated that the Amendment has been properly filed, no comments were filed, and recommended approval.
Commissioner Hanson moved to approve the proposed Amendment in TC03-033. Chairman Sahr seconded and Commissioner Burg concurred. Motion passed 3-0.
Ms. Farris explained that Business Network Long Distance, Inc. has filed an application with the South Dakota Public Utilities Commission for a Certificate of Authority to provide interexchange services in South Dakota. The applicant intends to provide resold interexchange services, including 1+ and 101XXXX outbound dialing, 800/888 Toll-Free inbound dialing, directory assistance, data services, and travel card services throughout South Dakota. Ms. Farris recommended approval of Business Network Long Distance , Inc.'s Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments and a waiver from ARSD 20:10:24:02(8), with an effective date of March 17, 2003.
Commissioner Hanson moved to grant Business Network Long Distance, Inc.'s Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments and also grant a waiver from ARSD 20:10:24:02(8), with an effective date of March 17, 2003. Chairman Sahr seconded and Commissioner Burg concurred. Motion passed 3-0.
Kelly Frazier explained on January 23, 2003, the Commission received for approval a Filing of a Reciprocal Transport and Termination Agreement between CommNet Cellular License Holding, Inc. d/b/a Verizon Wireless, Missouri Valley Cellular, Inc. d/b/a Verizon Wireless, Sandborn Cellular of South Dakota Limited Partnership d/b/a Verizon Wireless and Eastern South Dakota Cellular, Inc. d/b/a Verizon Wireless (all as "Verizon") and PrairieWave Community Telephone, Inc. (PrairieWave). According to the parties, the Agreement is made to put in place an arrangement for the mutual exchange and reciprocal compensation of local telecommunications traffic which is intended to supersede any previous arrangements between the parties. The parties also wish to establish an arrangement that compensates PrairieWave for transiting traffic that originates on Verizon's network and terminates on a third carrier's network. Mr. Frazier stated that the Agreement has been properly filed, no comments were filed, and recommended approval.
Chairman Sahr moved to approve the proposed agreement in TC03-037 and TC03- 038. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3- 0.
Kelly Frazier explained on January 23, 2003, the Commission received for approval a Filing for Approval of an Interconnection and Reciprocal Compensation Agreement between CommNet Cellular License Holding, Inc. d/b/a Verizon Wireless, Missouri Valley Cellular, Inc. d/b/a Verizon Wireless, Sandborn Cellular of South Dakota Limited Partnership d/b/a Verizon Wireless and Eastern South Dakota Cellular, Inc. d/b/a Verizon Wireless (all as Verizon) and PrairieWave Telecommunications, Inc. (PrairieWave). According to the parties, the Agreement is made to put in place an arrangement for the mutual exchange and reciprocal compensation of telecommunications traffic which is intended to supersede any previous arrangements between the parties. Mr. Frazier stated that the Agreement has been properly filed, no comments were filed, and recommended approval.
See TC03-037
On January 31, 2003, Western Wireless Corporation provided information constituting Western Wireless Corporation's plan for use of its federal universal service support and to otherwise verify that Western Wireless Corporation will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254. Richard Coit, South Dakota Telecommunications Association (SDTA), stated SDTA filed a Petition to Intervene on February 14, 2003. Mr. Coit stated that SDTA was withdrawing its intervention and only desired to file comments. Mr. Coit stated that SDTA is still concerned about the use of USF funding. SDTA still believes it is not clear what mobile lines and what plans will be eligible to receive the USF funding and requested that the Commission inquire into that. Talbot Wieczorek, Western Wireless, stated that the compliance filing has been completed and is asking for certification. Ms. Cremer stated that the compliance filing was complete, and what was required of Western Wireless was the same documentation as was required of SDTA. Ms. Cremer recommended that the Commission approve certification to the Federal Communications Commission.
Commissioner Burg moved to approve certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support as proposed by Western Wireless Corporation. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
Meeting adjourned.
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Tina Douglas
Administrative Secretary
