Commission Minutes | previous page
South Dakota Public Utilities Commission Meeting
Tuesday, April 6, 2004 at 9:30 A.M.
Capital Building, Room 412
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 Pamela Bonrud; Commission Advisor Greg Rislov; Commission Attorneys Rolayne Ailts Wiest and John Smith; Staff Attorney Karen Cremer; Staff Analysts Michele Farris, Harlan Best, Dave Jacobson, Steve Wegman, Jim Mehlhaff, and Sue Schaefer; and Administrative Secretary Tina Douglas.
Also present were Rich Coit, South Dakota Telecommunications Association; Bob Miller, South Dakota Electric Utility Companies; Brett Koenecke, May, Adam, Gerdes and Thompson representing Midcontinent Communications; David Gerdes, May, Adam, Gerdes and Thompson representing Midcontinent Communications and MCI WorldCom; Darla Rogers, Riter, Rogers, Mayer, Hofer, Wattier & Brown representing Kennebec Telephone Company and Santel Communications Cooperative; Rod Bowar, Kennebec Telephone Company; Mark Benton, Midstate Communications Inc.; Gene Kroell and Jeff Larson, Santel Communications Cooperative; Doug Eidahl, Vantage Point Solutions, Inc.; and Randy Houdek, Venture Communications Cooperative.
Joining the meeting by telephone were Mary Sisak and Ben Dickens, Blooston, Mordkoffky, Jackson, Dickens representing Kennebec Telephone Company; Talbot Wieczorek, Gunderson, Paul, Goodsell & Nelson representing Western Wireless; Dan Wall, East River Electric Power Cooperative Inc.; Dan Davis, Telec Consulting; Mary Lohnes and Nancy Vogel, Midcontinent Communications; Colleen Sevold and Mellissa Thompson, Qwest Corporation; Pamela Harrington, Roberts County Telephone Cooperative Association; JoAnne Hohrman and Warren Vandestadt, Vantage Point Solutions; Rich Helsper representing Swiftel Communications; Wayne Akland and Todd Hansen, Beresford Municipal Telephone Co.
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 received a total of 686 consumer contacts during 2004. Since the last report was prepared for the March 23, 2004, Commission meeting, 135 of these contacts had been received; 86 contacts involved telecommunications services; 5 contacts involved electricity issues; 1 contact involved natural gas issues; 5 contacts involved gas and electric services; 9 contacts involved cellular phone issues; 11 contacts involved the Do Not Call registry; and 18 contacts involved miscellaneous services not regulated by the PUC. In 2004, 446 of the 686 complaints registered have been resolved informally. In 2003, 1963 of the 2579 complaints registered have been resolved informally.
2. CT01-014 - In the Matter of the Complaint Filed by S& S Communications, Aberdeen, South Dakota, Against MCI WorldCom Regarding Billing, Poor Service and Unethical Behavior. (Staff Analyst: Heather Forney, Staff Attorney: Karen Cremer.)
Mr. Gerdes, MCI WorldCom, stated that S&S Communication's attorney agreed to dismiss and close all dockets, with prejudice. Chairman Sahr moved to dismiss, with prejudice, and close dockets in CT01-014, CT01-031, and CT01-032.
Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
Electric
Brett Koenecke, Xcel Energy (Xcel) asked that Xcel be granted intervention in EL04-009 only for informational purposes. Dan Wall, East River Electric Power Cooperative, Inc. had no objection to Xcel Energy intervening.
Commissioner Burg moved that intervention be granted to Xcel Energy in EL04-009. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
Telecommunications
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved that parties and staff set up a procedural schedule in TC03-192. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
Mr. Wegman stated that Computer Network Technology Corporation filed an application for a Certificate of Authority to provide local exchange and interexchange telecommunications services in South Dakota. The applicant intends to provide a non switched local intrastate interexchange services, specifically private line special access services. The applicant does not intend to provide rural local exchange services. Mr. Wegman recommended that the Commission approve the Certificate of Authority for Computer Network Technology Corporation to provide local exchange and interexchange services, with restrictions from accepting advanced payments or deposits or from offering prepaid calling cards.
Chairman Sahr moved to grant Computer Network Technology Corporation's Certificate of Authority with restrictions from accepting customer deposits and advance payments and offering prepaid services. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
Ms. Wiest recommended approval of the Amendment.
Chairman Sahr moved to approve the Amendment in TC04-011. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
Mellissa Thompson, Qwest Corporation (Qwest) stated that Qwest filed a Motion to Withdraw Notice of Updated Statement of Generally Available Terms and Conditions and Statement of Compliance due to the DC Circuit Court's Opinion.
Chairman Sahr moved to grant Qwest's Motion to Withdraw Notice of Updated Statement of Generally Available Terms and Conditions and Statement of Compliance and close the docket. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
7. In the Matter of Petitions for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended in Dockets TC04-044, TC04-045, TC04-046, TC04-047, TC04-048, TC04-049, TC04-050, TC04-051, TC04-052, TC04-053, TC04-054, TC04-055, TC04-056, TC04-060, TC04-061, and TC04-062.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to Midcontinent Communications, South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to Midcontinent Communications, South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to Midcontinent Communications, South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to Midcontinent Communications, South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to Midcontinent Communications, South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to Midcontinent Communications, South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to Midcontinent Communications, South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to Midcontinent Communications, South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
See transcript on file with the South Dakota Public Utilities Commission.
Chairman Sahr moved to grant intervention to South Dakota Telecommunications Association and Western Wireless, and to grant interim suspension until the final decision of the Commission. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
Ms. Cremer stated that West River Telecommunications Cooperative filed a Motion to Withdraw Petition on March 22, 2004.
Commissioner Burg moved to grant West River Telecommunications Cooperative's Motion to Withdraw Petition. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
Mr. Gerdes, Midcontinent Communications stated that the Motion to Amend Petition was filed because certain areas were inadvertently excluded from the application.
Commissioner Burg moved to grant Midcontinent Communications' Motion to Amend Petition. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
Meeting adjourned.
___________________________________
Tina Douglas Administrative Secretary
