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South Dakota Public Utilities Commission Meeting
August 22, 2018, at 1:30 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairperson Kristie Fiegen called the meeting to order. Present were: Commissioners: Gary Hanson and Chris Nelson; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff Analysts: Darren Kearney, Brittany Mehlhaff, Eric Paulson, Patrick Steffensen, Jon Thurber and Lorena Reichert; Consumer Affairs Manager: Deb Gregg; and Staff: Katlyn Gustafson
Present were:
Rich Coit, South Dakota Telecommunications Association; Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Cheyenne River Sioux Tribe Telephone Authority, Clarity Telecom, LLC dba Vast Broadband and Jefferson Telephone Company; and Weldon Feightner, Mark Bookout and Ryan Beatty, Clarity Telecom, LLC dba Vast Broadband.
Joining the meeting by telephone were:
Paul Bergmann, Jefferson Telephone Company; Mary Jo Biegler, Park Region Telephone Company representing Valley Telephone Company; Jeff Decker, NorthWestern Corporation dba NorthWestern Energy; Bruce Hanson, Fort Randall Telephone Company; Mona Thompson, Cheyenne River Sioux Tribe Telephone Authority; Scott Bohler, Frontier Communications Corporation, representing Citizens Telecommunications Company of Minnesota, LLC; Ken Schlimgen, Central Electric Cooperative; Colgan Huber, West River Cooperative Telephone Company; Ryan Taylor, Cutler Law Firm, LLP, representing Midstate Communications, Inc.; Jonathan Boike, JSI, representing West River Cooperative Telephone Company and Clarity Telecom, LLC dba Vast Broadband; Jim Gleason, Clarity Telecom, LLC dba Vast Broadband; Tracy Bandemer, Interstate Telecommunications Cooperative, Inc.; Jason Topp, Qwest Corporation dba CenturyLink QC; Jim Cremer, Bantz Gosch & Cremer LLC, representing James Valley Cooperative Telephone Company, James Valley Wireless, LLC and Northern Valley Communications, LLC; and James Groft, James Valley Cooperative Telephone Company, James Valley Wireless, LLC and Northern Valley Communications, LLC.
Administration
1. Approval of the minutes of the Commission meetings held on July 26 and August 7, 2018. (Staff: Joy Lashley)
Commissioner Nelson moved to approve the minutes of the Commission meetings held on July 26 and August 7, 2018.
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
The Commission received a total of 47 contacts since the last report was prepared for the August 7, 2018, Commission meeting.
Seven contacts involved telecommunication services, 13 contacts were related to electrical services, two contacts were related to natural gas service, six contacts were related to wireless service, seven contacts were related to the Do Not Call Registry, three contacts were related to Wind Energy and nine contacts were related to issues not regulated by the PUC.
Complaints received in 2014: 1,914 of the 1,916 have been resolved.
Complaints received in 2018: 888 of the 905 have been resolved.
Electric
1. EL18-034 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Tariff Revisions to Its Small Qualifying Facility Rider (Rates 73 and 74) (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorney: Kristen Edwards)
Chairperson Fiegen deferred the docket.
2. EL18-035 In the Matter of the Joint Request for Service Rights Exception between NorthWestern Corporation dba NorthWestern Energy and Central Electric Cooperative, Inc. (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy (NorthWestern) and Mr. Ken Schlimgen, Central Electric Cooperative, Inc. (Central Electric), asked that the Commission approve the requested service rights exception between NorthWestern and Central Electric. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve the request.
Commissioner Nelson moved to approve the requested service rights exception between NorthWestern and Central Electric. Motion carried 3-0.
Telecommunications
1. TC18-002 In the Matter of the Complaint by Interstate Telecommunications Cooperative, Inc. and West River Cooperative Telephone Company Against MCI Communications Services, Inc., dba Verizon Business Services Regarding Failing to Pay Intrastate Access Charges at the Rates Approved By the Commission (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Interstate Telecommunications Cooperative, Inc. (ITC) and West River Cooperative Telephone Company (West River), asked that the Commission approve the Stipulation and Dismiss the Complaint upon its merits, with prejudice. Ms. Amanda Reiss, staff attorney, recommended that the Commission approve the request.
Commissioner Fiegen moved to approve the Stipulation and Dismiss the Complaint upon its merits, with prejudice. Motion carried 3-0.
2. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC18-023, TC18-028, TC18-030, TC18-031, TC18-032, TC18-035, TC18-039, TC18-040, TC18-041, TC18-046, TC18-047, TC18-051 and TC18-052
TC18-023 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: Interstate Telecommunications Cooperative–391654 and Stockholm Strandburg–391679) (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Tracy Bandemer, Interstate Telecommunications Cooperative, Inc. (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
TC18-028 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399013) (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)
Ms. Tracy Bandemer, Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
TC18-030 In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391664) (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Jim Cremer, Bantz Gosch & Cremer LLC, representing James Valley Cooperative Telephone Company (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission grant the Company’s request.
TC18-031 In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399014) (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Jim Cremer, Bantz Gosch & Cremer LLC, representing James Valley Wireless, LLC (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission grant the Company’s request.
TC18-032 In the Matter of the Request of Northern Valley Communications, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 399017 and 396340) (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Jim Cremer, Bantz Gosch & Cremer LLC, representing Northern Valley Communications, LLC (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission grant the Company’s request.
TC18-035 In the Matter of the Request of Cheyenne River Sioux Tribe Telephone Authority Study Area: 391647 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Cheyenne River Sioux Tribe Telephone Authority (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Patrick Steffensen, staff analyst, recommended that the Commission grant the Company’s request..
TC18-039 In the Matter of the Request of Clarity Telecom, LLC dba Vast Broadband for Certification Regarding Its Use of Federal Universal Service Support (Study Area: ILEC–391652 and CLEC–399006) (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Clarity Telecom, LLC dba Vast Broadband (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
TC18-040 In the Matter of the Request of Midstate Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 391670 and CLEC Service Area) (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Ryan Taylor, Cutler Law Firm, LLP, representing Midstate Communications, Inc. (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission grant the Company’s request.
TC18-041 In the Matter of the Request of Qwest Corporation dba CenturyLink QC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 395145) (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Chairperson Fiegen deferred the docket until the next Commission meeting.
TC18-046 In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area 391660) (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Bruce Hanson, Fort Randall Telephone Company (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Eric Paulson, staff analyst, recommended that the Commission grant the Company’s request.
TC18-047 In the Matter of the Request of Valley Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area 361495) (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Mary Jo Biegler, Park Region Telephone Company representing Valley Telephone Company(Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
TC18-051 In the Matter of the Request of West River Cooperative Telephone Company Certification Regarding Its Use of Federal Universal Service Support (Study Area 391689) (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Colgan Huber, West River Cooperative Telephone Company (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
TC18-052 In the Matter of the Request of Jefferson Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area 391666) (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Jefferson Telephone Company (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Eric Paulson, staff analyst, recommended that the Commission grant the Company’s request.
In dockets TC18-023, TC18-028, TC18-030, TC18-031, TC18-032, TC18-035, TC18-039, TC18-040, TC18-046, TC18-047, TC18-051 and TC18-052, Commissioner Hanson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets. Motion carried 3-0.
3. TC18-038 In the Matter of the Request of Citizens Telecommunications Company of Minnesota, LLC Study Area: 361123 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Chairperson Fiegen deferred this docket until the next Commission meeting.
There being no further business, at the hour of 2:49 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
August 22, 2018
