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South Dakota Public Utilities Commission Meeting
August 28, 2008, at 9:30 A.M.
State Capitol Building, LCR 1 & 2
Pierre, South Dakota
MINUTES OF THE AD HOC COMMISSION MEETING
Chairman Gary Hanson called the meeting to order. Present were: Commissioner Steve Kolbeck; Executive Director Patty Van Gerpen; Deputy Executive Director Heather Forney; Commission Attorneys Rolayne Wiest and John Smith; Staff Attorneys Karen Cremer and Kara Semmler; Staff Analyst Terri LaBrie Baker and Administrative Secretary Demaris Axthelm.
Also present were: Rich Coit, South Dakota Telecommunications Association.
Joining the meeting by telephone were: Commissioner Dusty Johnson; Talbot Wieczorek, Gunderson, Palmer, Goodsell & Nelson, representing Sprint Communications Company L.P.; Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy & Prendergast, representing Brookings Municipal Utilities d/b/a Swiftel Communications, Brett Koenecke, May, Adam, Gerdes and Thompson, representing MCC Telephony of the Midwest, Inc., d/b/a Mediacom (MCC) and Bob Sahr, East River Electric Power Cooperative Inc.
Electric
1. EL08-020 In the Matter of the Petition of East River Electric Power Cooperative, Inc. for a Declaratory Ruling on 115 kV Transmission Line Design. (Staff Analysts: Bob Knadle/Brian Rounds, Staff Attorney: Karen Cremer)
Mr. Bob Sahr, East River Electric, requested that the Commission grant its request for an extension due to a conflict. Staff recommended that the Commission grant the request for extension.
Vice Chairman Kolbeck moved to grant the request for extension. Motion passed 3-0.
Telecommunications
1. TC06-176 In the Matter of the Petition of Sprint Communications Company L.P. for Arbitration Pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement with Brookings Municipal Utilities d/b/a Swiftel Communications. (Staff Analyst: Jon Thurber, Staff Attorney: Kara Semmler)
2. 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: Jon Thurber, Staff Attorney: Kara Semmler)
3. 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: Jon Thurber, Staff Attorney: Kara Semmler)
4. TC07-007 In the Matter of the Petition of Brookings Municipal Utilities d/b/a Swiftel Communications for Suspension or Modification of Dialing Parity, Number Portability and Reciprocal Compensation Obligations. (Staff Analyst: Jon Thurber, Staff Attorney: Karen Cremer)
Chairman Hanson asked if there were any objections to the Commission taking up Dockets TC06-176, TC06-178, TC06-188, and TC07-007 together. Hearing no objections, the dockets were taken together.
Ms. Mary Sisak stated that the parties have reached an agreement, requested the Commission to approve the settlement agreement and stipulation.
Vice Chairman Kolbeck moved to approve the settlement agreement and stipulation. Motion passed 3-0.
Ms. Wiest stated petitions to withdraw intervention were filed by SDTA and Swiftel in Dockets TC06-178 and TC06-188 and in Docket TC07-007 a motion to withdraw intervention was filed by SDTA.
Chairman Hanson moved to grant SDTA's motion to withdraw intervention in Dockets TC06-178, TC06-188 and TC07-007. Motion passed 3-0.
Chairman Hanson moved to grant Swiftel's motion to withdraw intervention in Dockets TC06-178 and TC06-188 and in Docket TC07-007 to grant Swiftel's motion to withdraw its petition. Motion passed 3-0.
5. In the Matter of the Petitions for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended in Dockets TC08-006, TC08-007, TC08-008, TC08-009, TC08-010, TC08-011, TC08-012, TC08-013, TC08-014, TC08-015, TC08-016, TC08-017, TC08-018, TC08-019, TC08-020, TC08-021, TC08-022, TC08-023, TC08-024, TC08-025, TC08-026, and TC08-027.
TC08-006 In the Matter of the Petition of Alliance Communications Cooperative, Inc., Splitrock Properties, Inc. and Hills Telephone Company, Inc. for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-007 In the Matter of the Petition of Kennebec Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-008 In the Matter of the Petition of Faith Municipal Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-009 In the Matter of the Petition of Western Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-010 In the Matter of the Petition of Sioux Valley Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-011 In the Matter of the Petition of Venture Communications Cooperative, Inc., for Suspension or Modification of 47 U.S.C. Section 251(b) (2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-012 In the Matter of the Petition of RC Communications, Inc., and Roberts County Telephone Cooperative Association for Suspension or Modification of 47 U.S.C. Section 251(b) (2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-013 In the Matter of the Petition of Beresford Municipal Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-014 In the Matter of the Petition of Golden West Telecommunications Cooperative, Inc., for Suspension or Modification of 47 U.S.C. Section 251(b) (2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-015 In the Matter of the Petition of Vivian Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-016 In the Matter of the Petition of Kadoka Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-017 In the Matter of the Petition of Brookings Municipal Utilities d/b/a Swiftel Communications for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-018 In the Matter of the Petition of Union Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-019 In the Matter of the Petition of Armour Independent Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-020 In the Matter of the Petition of McCook Cooperative Telephone Company and Tri-County Telcom for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-021 In the Matter of the Petition of Bridgewater-Canistota Independent Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-022 In the Matter of the Petition of Valley Telecommunications Cooperative Association, Inc., for Suspension or Modification of 47 U.S.C. Section 251(b) (2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-023 In the Matter of the Petition of Midstate Communications, Inc., for Suspension or Modification of 47 U.S.C. Section 251(b) (2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-024 In the Matter of the Petition of Interstate Telecommunications Cooperative, Inc., for Suspension or Modification of 47 U.S.C. Section 251(b) (2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-025 In the Matter of the Petition of West River Cooperative Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b) (2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-026 In the Matter of the Petition of Stockholm Strandburg Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-027 In the Matter of the Petition of Santel Communications Cooperative, Inc., for Suspension or Modification of 47 U.S.C. Section 251(b) (2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
Mr. Wieczorek stated that the stipulation is designed to address the wireline carrier's concerns about the potential for a suspension to impact their IP-based service offerings.
Vice Chairman Kolbeck moved in Dockets TC08-006 through TC08-027, inclusive, that the Commission approve the stipulation and dismiss Sprint, Mediacom and Midcontinent Communications from the docket. Motion passed 3-0.
There being no further business, at the hour of 10:47 am the South Dakota Public Utilities Commission Meeting adjourned.
/S/ Demaris Axthelm_____
Demaris Axthelm
Administrative Secretary
November 12, 2008
