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South Dakota Public Utilities Commission

WEEKLY FILINGS
For the Period of April 10, 2003 through April 16, 2003

If you need a complete copy of a filing faxed, overnight expressed, or mailed to you, please contact Delaine Kolbo within five business days of this report. Phone: 605-773-3705

CONSUMER COMPLAINTS

CT03-009 In the Matter of the Complaint filed by Robert Thomason, Selby, South Dakota, against Touch America, Inc. and WilTel Communications, LLC Regarding Unauthorized Switching of Services.

Complainant alleges that one of the respondents changed his long distance service provider without authorization. Complainant seeks to be awarded $1,000.00 as provided for in SDCL 49-31-93.

Staff Analyst: Jim Mehlhaff
Staff Attorney: Kelly Frazier
Date Docketed: 04/14/03
Intervention deadline: N/A

TELECOMMUNICATIONS

TC03-067 In the Matter of an Order to Show Cause as to why OCMC, Inc. should not be found to be in Violation of the Laws and Regulations of the State of South Dakota.

On March 28, 2003, staff filed a motion requesting that the Commission issue an Order To Show Cause to OCMC, Inc. d/b/a One Call Communications, Inc., OPTICOM, AdvantTel, LiveTel, SuperTel, RegionalTel, and 1-800-MAX-SAVE (Opticom). Staff requested that the Commission issue an Order To Show Cause to hear arguments from staff and the company on whether the Commission shall commence proceedings in accordance with ARSD 20:10:24:04.04. Staff is seeking a suspension or revocation of the certificate of authority transferred to Opticom in TC02-046. According to the motion, Opticom, inter alia, has failed to provide consumers the ability to determine rates in advance of accepting collect phone calls in violation of its tariff and failed to update its tariff pursuant to a Commission Order. The motion also alleges that Opticom, by using numbers such as 1-800-CALL-AAT and 1-800-COOLECT, is attempting to take advantage of mistakes by consumers attempting to use other collect phone call services and is billing rates that could exceed $30 for a one-minute call. At the April 15, 2003, meeting the Commission considered the motion and voted unanimously to issue an order to show cause and to open a docket for consideration of the above issues.

Staff Attorney: Kelly Frazier
Date Docketed: 04/16/03
Initial Comments Due: NA

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