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South Dakota Public Utilities Commission Meeting
Tuesday, September 2, 2003 at 1:30 P.M.
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Vice Chairman Gary Hanson called the meeting to order. Also present were Commissioner James Burg; Executive Director Pamela Bonrud; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorneys Rolayne Ailts Wiest and John Smith; Staff Attorneys Karen Cremer and Kelly Frazier; Staff Analysts David Jacobson, Keith Senger, Harlan Best, and Michele Farris; and Administrative Secretary Tina Douglas.
Joining the meeting by telephone were Chairman Bob Sahr; Joe Schuele, Martin Group; Tim Goodwin and Colleen Sevold, Qwest Corporation; Cindy Grosvenor, TELEC Consulting; Alice Walker, CRST; Bill Heaston, PrairieWave Telecommunications, Inc.; and Steve Wegman, Public Utilities Commission.
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
Mr. Mehlhaff reported that the Commission had received a total of 1679 consumer contacts during 2003. Since the last report was prepared for the August 19, 2003, Commission meeting, 102 of these contacts had been received; 79 contacts involved telecommunications services; 16 contacts involved electricity issues; 3 contacts involved natural gas issues; 2 contacts involved cellular phone issues; and 7 contacts involved miscellaneous services not regulated by the PUC. In 2003, 1113 of the 1679 complaints registered have been resolved informally. At this time, 1855 of the 1918 complaints from 2002 have been resolved.
2. CT02-039 In the Matter of the Complaint filed by PrairieWave Community Telephone, Inc. f/k/a Dakota Community Telephone, Inc. and PrairieWave Telecommunications, Inc. f/k/a McLeodUSA Telecom Development, Inc. against Qwest Corporation Regarding Nonpayment of Switched Access Charges, and Other Contract Disputes. (Staff Analyst: Jim Mehlhaff, Staff Attorney: Karen Cremer)
Mr. Heaston, PrairieWave Telecommunications, Inc., had no comment. Ms. Cremer recommended that the Commission dismiss the complaint and close the docket.
Commissioner Burg moved to dismiss the complaint and close the docket in CT02- 039. Chairman Sahr seconded and Commissioner Hanson concurred. Motion passed 3-0.
Telecommunications
1. TC02-044 In the Matter of the Application of NOW Communications of South Dakota, Inc. for a Certificate of Authority to Provide Interexchange Telecommunications and Local Exchange Services in South Dakota. (Staff Attorney: Kelly Frazier)
Mr. Frazier stated the Commission received a letter from NOW Communications of South Dakota, Inc. (NOW) on September 2, 2003, asking for revocation of its Certificate of Authority to provide interexchange and local exchange telecommunications services in South Dakota. NOW has not operated in South Dakota and has no customers in South Dakota. Mr. Frazier recommended that the Commission accept the requesting revocation as a request for withdrawal of NOW's Certificate of Authority. Alternatively, the Commission may want to put prepaid restrictions on NOW's Certificate of Authority until the Commission receives a letter from NOW stating that it would like its Certificate of Authority withdrawn and not revoked.
Commissioner Burg moved to withdraw NOW's Certificate of Authority but requested that NOW send in a letter stating that NOW would like its Certificate of Authority withdrawn not revoked and also that NOW's Certificate Authority be amended to include prepaid restrictions and no bond requirement starting on September 11, 2003, if the Commission has not received the letter from NOW regarding the withdrawal of its Certificate of Authority. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
2. TC02-049 In the Matter of the Application of Houlton Enterprises, Inc. d/b/a Guaranteed Phone Service for a Certificate of Authority to Provide Local Exchange Services in South Dakota. (Staff Attorney: Kelly Frazier)
Mr. Frazier stated that the Commission received a replacement bond on September 2, 2003, no action is required.
3. TC03-110 In the Matter of the Filing by Blackstone Communications Company for Approval of Relief of Certification Requirement to Post Surety Bond. (Staff Analyst: Keith Senger, Staff Attorney: Karen Cremer)
Mr. Senger stated that the bonding company sent notice to the Commission that Blackstone Communications Company (Blackstone) would be losing its bond. Mr. Senger stated that he has contacted the Blackstone numerous times to change its tariff he Blackstone still has not made the changes requested by staff. Blackstone has no customers in South Dakota at this time. Mr. Senger recommended that Blackstone's Certificate of Authority be amended to include prepaid restrictions in lieu of bonding provisions.
Commissioner Burg moved to amend Blackstone's Certificate of Authority to include prepaid restrictions in lieu of bonding provisions. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
4. In the Matter of the Filing for Approval of Amendments to Agreements in TC03-122, TC03-134, and TC03-143.
Mr. Frazier stated that the Amendments have been properly filed, have been properly executed and do not appear to contain discriminatory provisions. No comments were filed and Mr. Frazier recommended approval of the Amendments.
Commissioner Burg moved to approve the Amendments in TC03-122, TC03-134, and TC03-143. Chairman Sahr seconded and Commissioner Hanson concurred. Motion passed 3-0.
5. In the Matter of the Dockets Requesting Federal Universal Service Support Certification
Mr. Best stated that each of these companies filed a request stating how much Universal Service Support it will be receiving in the coming year and also showed estimated expenses. In each docket the expenses exceeded the monies the company will receive for Universal Service Support. In each docket the company stated all the monies it will receive for Universal Service Support will be used in the appropriate manner as required by the FCC. Mr. Best recommended that the Commission approve each docket as filed.
Commissioner Hanson moved that the Commission provide a letter of certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal services support as proposed in dockets TC03-124, TC03-125, TC03-126, TC03-127, TC03-128, TC03-129, TC03-130, TC03- 131, TC03-132, TC03-133, TC03-135, TC03-136, TC03-137, TC03-138, TC03-139, TC03-140, TC03-141, TC03-142, TC03-144, TC03-145, TC03-146, TC03-147, TC03-148, TC03-149, TC03- 150, TC03-151, TC03-152, TC03-153, TC03-154, and TC03-156. Commissioner Burg seconded and Chairman Sahr concurred. Motion passed 3-0.
Meeting adjourned.
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Tina Douglas
Administrative Secretary
