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South Dakota Public Utilities Commission Meeting
Tuesday, March 4, 2003; 9:30 a.m.
Governors Inn, Kneip Room
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Bob Sahr called the meeting to order. Also present were Vice Chairman Gary Hanson; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Counsel John Smith; Staff Attorney Kelly Frazier; Staff Attorney Karen Cremer; Staff Analysts Dave Jacobson, Harlan Best, Bonnie Bjork, Keith Senger, Steve Wegman, and Michele Farris; and Administrative Secretary Tina Douglas.
Joining the meeting by telephone were Commissioner Jim Burg; Colleen Sevold, Qwest Corporation; Brad Bayliff, Casey & Gentz.
Administration
1. APPROVAL OF THE MINUTES OF THE COMMISSION MEETING HELD ON FEBRUARY 20, 2003. (Staff: Tina Douglas.)
Commissioner Hanson moved to approve the minutes of the Commission meeting held on February 20, 2003. Chairman Sahr seconded and Commissioner Burg 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. Frazier presented an update on inquiries and complaints received since the last Commission meeting. The Commission has received a total of 258 consumer contacts during 2003. 71 contacts have been received since the last report at the February 20, 2003 Commission meeting. 57 of the contacts involved telecommunication issues, 11 of the contacts involved electricity issues and 2 of the contacts involved natural gas issues. There was also 1 miscellaneous contact concerning services not regulated by the PUC. 169 of the 258 complaints registered in 2003 have been resolved informally and at this time 1845 of the 1916 complaints from 2002 have been resolved.
Telecommunications
Mr. Jacobson explained the application by Inter-Tel NetSolutions, Inc. to provide resold interexchange telecommunications services in South Dakota. The applicant intends to provide services only to business customers of its affiliates and its parent Inter-Tel and residential services to its employees and employees of its customers, affiliates and Inter-Tel. Mr. Jacobson indicated that Inter-Tel NetSolutions, Inc. local service authorization had been revoked in April 2000 in Florida for failing to submit information to that Commission and an interexchange certificate of convenience was revoked in December 2001 in Oklahoma for failure to report intrastate revenues and failure to contribute to the universal service fund. The applicant states that it has come into compliance with Oklahoma reporting requirements and is current on universal service fund payments and has been granted temporary approval to service existing customers and is awaiting permanent approval. Mr. Jacobson recommended approval of Inter-Tel NetSolutions, Inc.'s Certificate of Authority without restrictions. Brad Bayliff, Casey & Gentz, stated that the company neglected to file a local competition report in Florida and the Commission filed a Show Cause and the company's certificate was revoked. A similar problem occurred in Oklahoma and the company's certificate was revoked. Since that time the process has been reviewed and changed so the problem will not arise again. None of problems that occurred involved customer complaints. The company applied in Oklahoma for reinstatement of its certificate and it was reinstated on December 19, 2002, without any conditions. The company has not applied for its certificate in Florida as of yet.
Chairman Sahr moved to grant Inter-Tel NetSolutions, Inc.'s Certificate of Authority without restrictions. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
Mr. Jacobson explained the application by American Long Lines, Inc. for a certificate of authority to provide resold, intrastate, interexchange telecommunications service within South Dakota. The company has asked for a waiver from filing of financial records required by ARSD 20:10:24:02(8). Mr. Jacobson recommended approval of American Long Lines, Inc.'s Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments. Mr. Jacobson also recommended that American Long Lines, Inc. be granted a waiver from ARSD 20:10:24:02(8).
Commissioner Hanson moved to grant American Long Lines, 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). Chairman Sahr seconded and Commissioner Burg concurred. Motion passed 3-0.
Mr. Senger explained that Radiant Telecom, Inc. filed for a Certificate of Authority to provide interexchange telecommunications services in South Dakota. The Applicant intends to offer a full range of interexchange services on a resale basis. Services include direct and dial-around outbound dialing, toll free inbound dialing, directory assistance, data services, travel card services and prepaid calling card services. The company requested a waiver from filing financial records required by ARSD 20:10:24:02(8). The company has filed the $25,000.00 bond with the Commission. Mr. Senger recommended approval of Radiant Telecom, Inc.'s Certificate of Authority with the continuous bond requirement of $25,000.00 with an effective date of March 18, 2003. Mr. Senger also recommended that Radiant Telecom, Inc. be granted a waiver from ARSD 20:10:24:02(8).
Commissioner Burg moved to grant Radiant Telecom, Inc.'s Certificate of Authority with the continuous bond requirement of $25,000.00 with an effective date of March 18, 2003, and to grant a waiver from ARSD 20:10:24:02(8). Chairman Sahr seconded and Commissioner Hanson concurred. Motion passed 3-0.
Ms. Farris explained that Better World Telecom, Inc. 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 intrastate interexchange telecommunications services, including
direct dialed 1+ service, toll free service and post-paid calling card service to and from all points within the State of South Dakota. The company requested a waiver from filing financial records required by ARSD 20:10:24:02(8). Ms. Farris recommended that Better World Telecom, Inc. be approved for a Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments with an effective date of March 20, 2003. Ms. Farris also recommended that Better World Telecom, Inc. be granted a waiver from ARSD 20:10:24:02(8).
Chairman Sahr moved to grant Better World Telecom, Inc.'s Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments with an effective date of March 20, 2003, and to grant a waiver from ARSD 20:10:24:02(8). Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
Mr. Senger explained that Miko Telephone Communications, Inc. filed for a Certificate of Authority to provide interexchange telecommunications services in South Dakota. The Applicant intends to offer 1+ long distance and calling card service to residential customers on a resale basis. The company requested a waiver from filing financial records required by ARSD 20:10:24:02(8). Mr. Senger recommended that Miko Telephone Communications, Inc. be approved for a Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments with an effective date of March 26, 2003. Mr. Senger also recommended that Miko Telephone Communications, Inc. be granted a waiver from ARSD 20:10:24:02(8).
Chairman Sahr moved to grant Miko Telephone Communications, Inc.'s Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments with an effective date of March 26, 2003, and to grant a waiver from ARSD 20:10:24:02(8). Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
Mr. Senger explained that Convergia, Inc. filed for a Certificate of Authority to provide interexchange telecommunications services in South Dakota. The Applicant intends to offer direct dial long distance, switched and dedicated Toll-Free services and post and prepaid calling card services on a resale basis. The company requested a waiver from filing financial records required by ARSD 20:10:24:02(8). Mr. Senger recommended that Convergia, Inc. be approved for a Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments with an effective date of April 2, 2003. Mr. Senger also recommended that Convergia, Inc. be granted a waiver from ARSD 20:10:24:02(8).
Chairman Sahr moved to grant Convergia, Inc.'s Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments with an effective date of April 2, 2003, and to grant a waiver from ARSD 20:10:24:02(8). Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
Mr. Senger explained that Bee Line Long Distance, LLC d/b/a Hello Telecom filed for a Certificate of Authority to provide interexchange telecommunications services in South Dakota. The Applicant intends to offer a full range of 1+ interexchange telecommunications services on a resale basis. The company requested a waiver from filing financial records required by ARSD 20:10:24:02(8). Mr. Senger recommended that Bee Line Long Distance, LLC d/b/a Hello Telecom be approved for a Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments with an effective date of April 7, 2003. Mr. Senger also recommended that Bee Line Long Distance, LLC d/b/a Hello Telecom be granted a waiver from ARSD 20:10:24:02(8).
Commissioner Hanson moved to grant Bee Line Long Distance, LLC d/b/a Hello Telecom's Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments with an effective date of April 7, 2003, and to grant a waiver from ARSD 20:10:24:02(8). Commissioner Burg seconded and Chairman Sahr concurred. Motion passed 3-0.
8. IN THE MATTER OF APPROVING AGREEMENTS IN TC03-042 AND TC03-044
Mr. Frazier stated on January 28, 2003, the Commission received a Filing for Approval of an Adoption Agreement between Qwest Corporation and Page Data (Page). According to the filing, Page chooses to adopt, in its entirety, the terms and conditions of the Interconnection Agreement and any associated amendments, if applicable, between Arch Paging, Inc. and Mobile Communications Corporation of America and Qwest Corporation f/k/a U S WEST Communications, Inc. which was approved by the Commission on September 29, 2000, in Docket TC00-108.
Mr. Frazier stated on January 30, 2003, the Commission received a Filing for Approval of an Adoption Agreement between Qwest Corporation and Wavesent, L.L.C. (Wavesent). According to the filing, Wavesent chooses to adopt, in its entirety, the terms and conditions of the Interconnection Agreement and any associated amendments, if applicable, between Arch Paging, Inc. and Mobile Communications Corporation of America and Qwest Corporation f/k/a U S WEST Communications, Inc. which was approved by the Commission on September 29, 2000, in Docket TC00-108. Mr. Frazier stated that both Agreements have been properly filed, no comments were filed, and recommended approval.
Commissioner Hanson moved to approve the proposed Adoption Agreements in TC03-042 and TC03-044. Chairman Sahr seconded and Commissioner Burg concurred. Motion passed 3-0.
Meeting adjourned.
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Tina Douglas
Administrative Secretary
