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South Dakota Public Utilities Commission Meeting
July 14, 2008, at 8:30 A.M.
State Capitol Building, Room 464
Pierre, South Dakota

MINUTES OF THE AD HOC COMMISSION MEETING

Chairman Gary Hanson called the meeting to order.  Present were:  Commissioners  Steve Kolbeck and Dusty Johnson; Executive Director Patty Van Gerpen; Deputy Executive Director Heather Forney; Commission Attorney Rolayne Wiest; Staff Attorney Kara Semmler; Staff Analysts Harlan Best, Terri LaBrie Baker and Administrative Secretary Demaris Axthelm.

Also present were:  Rich Coit, South Dakota Telecommunications Association.

Joining the meeting by telephone were: Talbot Wieczorek, Gunderson, Palmer, Goodsell & Nelson, representing Sprint Communications Company L.P.; Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy & Pendergast, representing Brookings Municipal Utilities d/b/a Swiftel Communications and Brett Koenecke, May, Adam, Gerdes and Thompson, representing MCC Telephony of the Midwest, Inc., d/b/a Mediacom (MCC).

Telecommunications

Chairman Hanson moved to combine the two dockets.  Motioned carried 3-0

1.      TC06-178        In the Matter of the Application of Sprint Communications Company L.P. for Authority to Provide Local Exchange Services in Certain Rural Areas Served by Brookings Municipal Utilities d/b/a Swiftel Communications. (Staff Analyst: Harlan Best, Staff Attorney: Kara Semmler)

See link to viewTranscript of July 14, 2008, Commission Meeting; http://puc.sd.gov/commission/minutes/2008/transcripts/071408.pdf

         For discovery request 5 and 6, Commission Johnson moved to approve the motion to compel but limit the discovery request to official corporate statements regarding the reduction or abandonment of Sprint's commitment to CLEC business or cable business for the last three years.  Motion passed 3-0.

         For discovery request 2, 3 and 4, Chairman Hanson moved to have Swiftel file an amended motion regarding access to the redacted provisions of the agreement and  to have the simultaneous reply testimony moved back to August 6, 2008.  Motion carried 3-0.

         After discussion, it was determined that no action was needed on the remaining discovery disputes.

2.      TC06-188        In the Matter of the Application of MCC Telephony of the Midwest, Inc. d/b/a Mediacom for a Certificate of Authority to Provide Interexchange and Local Exchange Services in the Brookings Exchange (Staff Analyst: Harlan Best, Staff Attorney: Kara Semmler)

See link to viewTranscript of July 14, 2008, Commission Meeting; http://puc.sd.gov/commission/minutes/2008/transcripts/071408.pdf

         Chairman Hanson moved to approve the motion to compel and have MCC provide a redacted copy of the agreement, and to have the simultaneous reply testimony moved back due to the discovery requests due on August 6, 2008 and to allow the company respond to discovery request 30.  Motion carried 3-0.

         For discovery request 9, Chairman Hanson moved to approve the motion to compel and have MCC file a response under oath for discovery request number 9, limited to the Brookings, SD area.   Motion carried 3-0.

         For discovery request 6, Chairman Hanson moved to approve the motion to compel. Motion carried 3-0.

            Chairman Hanson moved the Commission order a response on discovery requests for numbers 19, 20, 21, 22, 23 and 24 but only to the extent MCC has already formulated a plan.  Motion carried 3-0.

Chairman Hanson moved to recess due to a scheduled Grain Warehouse Hearing.  Motion carried 3-0.

         Chairman Gary Hanson called the meeting to order at 10:35 a.m.

After discussion, it was determined that no action was needed on the remaining discovery disputes.

            Commission Kolbeck moved to grant the motion for extension of time to file additional direct testimony. Motion carried 3-0.

/S/ Demaris Axthelm
Demaris Axthelm
Administrative Secretary
October 7, 2008