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South Dakota Public Utilities Commission
WEEKLY FILINGS
For the Period of July 22, 2004 through July 28, 2004

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: 605-773-3201

CONSUMER COMPLAINTS


CE04-001 In the Matter of the Complaint filed by Kristin Boxwell, Sioux Falls, South Dakota, against Xcel Energy Regarding Xcel Energy's Refusal to Enter into a Payment Arrangement Post-Disconnection.

Complainant's representative states that the respondent will not enter into a payment agreement because a disconnection of service has already taken place, and that the provisions of ARSD 20:10:20:03 do not apply post-disconnect. Complainant would like to have a Commission ruling on the respondent's interpretation of the rule. The Complainant also asks that the Commission require the respondent to reconnect service and enter into a payment arrangement for the outstanding balance.

Staff Analyst: Jim Mehlhaff
Staff Attorney: Karen E. Cremer
Date Docketed: 07/27/04
Intervention deadline: N/A

CT04-001 In the Matter of the Complaint filed by Chris Haugo on behalf of Haugo Broadcasting, Rapid City, South Dakota, against McLeodUSA Telecommunications Services, Inc. Regarding Unauthorized Billing.

Complainant states that the respondent charged and was paid a fee of $4.21 per line per month on four lines that had been removed from service in December of 1998. Complainant seeks a full refund of all charges paid on the lines after they were removed from service plus interest.

Staff Analyst: Jim Mehlhaff
Staff Attorney: Karen E. Cremer
Date Docketed: 07/27/04
Intervention deadline: N/A

TELECOMMUNICATIONS


TC04-135 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and MCImetro Access Transmission Services, LLC.

On July 26, 2004, the Commission received a filing for approval of an Elimination of UNE-P and Implementation of Batch Hot Cut Process and Discounts Amendment between Qwest Corporation and MCImetro Access Transmission Services, LLC. Any party wishing to comment on the Amendment may do so by filing written comments with the Commission and the parties to the Amendment no later than August 16, 2004. Parties to the Amendment may file written responses to the comments no later than twenty days after the service of the initial comments.

Staff Attorney: Rolayne Ailts Wiest
Date Filed: 07/26/04
Initial Comments Due: 08/16/04

REQUEST FOR COMMENTS


The Commission has received from Qwest Corporation (Qwest) two agreements that Qwest has entered into with other providers that Qwest states are not required to be filed with the Commission for approval. The first agreement is entitled "Terms and Conditions for Commercial Line Sharing Arrangements" that Qwest entered into with DIECA Communications, Inc. d/b/a Covad Communications Company. Qwest states that this agreement is not subject to section 251(c)(3) or section 252 of the federal Telecommunications Act and, thus, has not filed it with the Commission for approval.

The second agreement is entitled "Master Services Agreement," which attaches as Exhibit 1 the "Qwest Platform PlusTM Service," which together are referred to as the "QPPTM Agreement." Qwest submitted the QPP Agreement for informational purposes only because Qwest believes that section 252(e) of the federal Telecommunications Act does not require filing of the agreement for approval by the Commission.

Any interested person who would like to comment on the issue of whether either or both of these agreements must be filed for approval may send their written comments to the Commission. At this point the Commission is only requesting informal comments. Comments must be filed by August 20, 2004.

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