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PUBLIC UTILITIES COMMISSION MEETING
Thursday, October 3, 1996: 12:30 p.m.
State Capitol Building, Room 412
Pierre, South Dakota

NOTE: If you wish to join this meeting by conference call, please contact the Commission before 5:00 p.m., Wednesday, October 2, 1996, at 605-773-3201 (Consumer Hotline: 1-800-332-1782).

NOTE: The Commission meeting scheduled for October 2, 1996, has been postponed until October 8, 1996.

AGENDA OF THE AD HOC COMMISSION MEETING

Telecommunications

1. TC95-087 IN THE MATTER OF THE APPLICATION OF DAKOTA TELECOMMUNICATIONS SYSTEMS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

TC96-038 IN THE MATTER OF THE APPLICATION OF AT&T COMMUNICATIONS OF THE MIDWEST, INC., FOR AN AMENDED CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICE. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

TC96-050 IN THE MATTER OF THE APPLICATION OF DAKOTA TELECOM, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

TC96-054 IN THE MATTER OF THE APPLICATION OF MCLEOD TELEMANAGEMENT, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

TC96-083 IN THE MATTER OF THE APPLICATION OF FIRSTEL, INC. FOR AN AMENDED CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICE IN SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

On April 30, 1996, the Commission received from Dakota Telecommunications Systems, Inc. (DTS) an amendment to DTS's application for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota (TC95-087). On August 30, 1995, DTS filed its original application to offer services based upon the anticipated purchase of assets by DTS from U S WEST Communications, Inc. (U S WEST) in the exchanges of Centerville, Viborg, Hudson, Gregory, Clearfield and Witten. It was further anticipated that the parent of DTS, Dakota Cooperative Telecommunications would purchase the assets from U S WEST to provide telecommunications services to the Lesterville and Tabor exchanges. DTS now files to amend its application to "provide telecommunications services for Centerville, Viborg, Lesterville, Tabor, Vermillion and Yankton. DTS does not contemplate providing services in non-U S WEST areas." Intervention was granted to Ft. Randall Telephone Company, the South Dakota Independent Telephone Coalition (SDITC), U S WEST and MCI Telecommunications Corporation (MCI).

On February 29, 1996, the Commission received an application from AT&T Communications of the Midwest, Inc. (AT&T) to amend its Certificate of Authority to provide local exchange service (Docket TC96-038). AT&T intends to offer basic residential exchange service, residential custom calling and CLASS features, basic business exchange services, business custom calling and CLASS features, and business and residence ancillary service. Intervention was granted to U S WEST, SDITC, DCT, TCI Communications, Inc. (TCI), MCI, and Black Hills Corporation.

On March 15, 1996, the Commission received a Petition from Dakota Telecom, Inc. (DTI) seeking a Certificate of Authority to operate as a telecommunications company within the state of South Dakota, specifically including, but not limited to, local exchange services, interexchange carrier access, and other telecommunications services (Docket TC96-050). DTI stated that initially it "will provide telecommunications services to the Tea, South Dakota area. Future expansion plans include other USWC areas in and near Sioux Falls." Intervention was granted to U S WEST, SDITC, and MCI.

On March 21, 1996, the Commission received an application from McLeod Telemanagement, Inc. (McLeod) for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota, specifically including but not limited to, local exchange services (Docket TC96-054). McLeod intends to offer local, long-distance interexchange, MTS, WATS, virtual private network services, and private line telecommunications services through resale purchased from other vendors in South Dakota. McLeod desires to resell Centrex Plus services to customers in South Dakota. Intervention was granted to U S WEST, SDITC, and MCI.

On May 16, 1996, the Commission received an application from FIRSTEL, Inc. (FIRSTEL) to amend its Certificate of Authority to provide local exchange service (Docket TC96-083). According to its application, FIRSTEL's ability to offer local services will depend on successful negotiations with U S WEST and other local exchange companies. FIRSTEL proposes to provide local exchange service on a resale or facilities basis. Intervention was granted to U S WEST, SDITC, and DCT.

The Commission held hearings on the above-listed dockets on July 31 through August 1, 1996, in Pierre. A post-hearing briefing schedule was announced to the parties at the close of the hearing and all deadlines for filing subsequent briefs have expired.

TODAY, shall the Commission grant a Certificate of Authority to DTS (TC95-087)? To AT&T (TC96-038)? To DTI (TC96-050)? To McLeod (TC96-054)? To Firstel (TC96-083)?

2. TC96-125 IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC., GOLDEN WEST TELECOMMUNICATIONS COOPERATIVE, HANSON COMMUNICATIONS, INC., AND BALTIC TELECOMMUNICATIONS COOPERATIVE REGARDING THE SALE OF EIGHT TELEPHONE EXCHANGES BY U S WEST COMMUNICATIONS, INC. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

On July 15, 1996, the Commission received a joint application from U S WEST Communications, Inc. (USWC), Golden West Telecommunications Cooperative (Golden West) and its subsidiary Vivian Telephone Company, Hanson Communications, Inc. (Hanson) and its subsidiary Fort Randall Telephone Company, and Baltic Telecommunications Cooperative (Baltic) and its subsidiary East Plains Telecommunications, Inc., collectively referred to as Applicants. The Applicants jointly apply to the Commission for approval of the sale of USWC's Gregory, Clearfield, Witten and Lesterville exchanges to Golden West; USWC'S Centerville, Viborg and Tabor exchanges to Hanson; and USWC'S Hudson exchange to Baltic. The eight exchanges are the same exchanges the Commission approved for sale to Dakota Cooperative Telecommunications on July 31, 1995, in Docket No. TC94-122. Golden West, Hanson and Baltic are Commission approved buyers of other USWC exchanges in South Dakota. The Applicants request that the Commission judicially notice the relevant portions of the record with reference to Golden West and Hanson in TC94-122, and the record in TC96-010 with regard to Baltic. Dakota Cooperative Telecommunications, Inc. (DCT) was granted intervention. Hearings were held in this matter in Winner on September 4 and Viborg on September 5, 1996.

TODAY, shall the Commission approve the sale of each of the 8 telephone exchanges as proposed by U S WEST and the buyers?

3. TC96-159 IN THE MATTER OF THE PETITION FOR ARBITRATION ON BEHALF OF DAKOTA TELECOM, INC. WITH U S WEST COMMUNICATIONS, INC. (General Counsel: Rolayne Wiest.)

On August 27, 1996, the Commission received Petitions from Dakota Telecom, Inc. (DTI) and Dakota Telecommunications Systems, Inc. (DTS) requesting the Commission, ". . .pursuant to 47 USC 252(b)(1) to arbitrate the negotiations for interconnection between DTI and U S WEST Communications; and pursuant to 47 USC 252(a)(2) to mediate negotiations for interconnection between DTS and U S WEST Communications. Negotiations for interconnection agreements between DTI and USWC commenced with a letter from DTI Executive VP Tom Hertz to USWC on March 21, 1996. Negotiations with USWC were expanded to include DTS on April 29, 1996. More than 135 days have elapsed since USWC received the request from DTI. At this time all issues remain unresolved. Wherefore, DTI and DTS petition the Commission to initiate compulsory arbitration of terms of interconnection between DTI and USWC and to commence mediation of terms of interconnection between DTS and USWC at this time." This docket applies only to the Petition For Arbitration filed by DTI. A ad hoc meeting of September 19, 1996, the Commission voted to establish a procedural schedule in this matter. A pre-hearing conference has been scheduled for 1:30 p.m. on October 7. On September 23, 1996, U S WEST filed a motion to dismiss, or in the alternative to allow U S WEST an additional 25 days to respond after DTI has identified its issues.

TODAY, shall the Commission grant U S WEST's motion to dismiss? Or, shall the Commission grant U S WEST an additional 25 days to respond after DTI has identified its issues?

4. TC96-161 IN THE MATTER OF THE PETITION BY U S WEST COMMUNICATIONS, INC. FOR ADOPTION OF SERVICE RESALE RULES. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

On September 9, 1996, U S WEST Communications, Inc. (U S WEST) filed with the Commission a request that the Commission, pursuant to its powers and the procedures under SDCL Chapter 1-26, adopt the proposed rule submitted by USWC to regulate the provisioning of local exchange services by resale. The filing asserts that the rule is necessitated by the provisions of 47 USC 251(c)(4) and 252(d)(3). September 20, 1996, was established as the intervention deadline. Petitions for intervention have been received from Dakota Cooperative Telecommunications, Inc. (DCT), and its subsidiaries, Dakota Telecom, Inc. (DTI), Dakota Telecommunications Systems, Inc. (DTS); Sprint Communications Company L.P. (Sprint); South Dakota Independent Telephone Coalition, Inc. (SDITC); McLeod Telemanagement, Inc. (McLeod); MCI Telecommunications Corporation (MCI); FirsTel, Inc. (FirsTel); and AT&T of the Midwest, Inc. (AT&T).

TODAY, shall the Commission grant intervention to DCT, DTI, DTS, Sprint, SDITC, McLeod, MCI, FirsTel, and AT&T? And, shall the Commission initiate rulemaking proceedings on these proposed rules?

William Bullard Jr.
Executive Director
Monday, September 30, 1996