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South Dakota Public Utilities Commission Meeting
Thursday, June 11, 1998; 10:00 A.M.
State Capitol Building, Room 412
Pierre, South Dakota

NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773- 3201 by 5:00 p.m. on Wednesday, June 10, 1998.

NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.

AGENDA OF THE COMMISSION MEETING

Administration

1. Approval Of The Minutes Of The Commission Meeting Held On May 28, 1998. (Staff: Shirleen Fugitt.)

Electric

1. EL98-002 IN THE MATTER OF THE COMPLAINT FILED BY PAUL MUTH, MITCHELL, SOUTH DAKOTA, AGAINST NORTHWESTERN PUBLIC SERVICE COMPANY REGARDING AN ACCOUNTING OF COSTS. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

On January 14, 1998, Paul Muth, Mitchell, SD, filed a complaint against Northwestern Public Service (NWPS) regarding an accounting of costs. The complaint states: "NWPS was at the Palace Mall in Mitchell at 3:50pm on January 8, 1998. They were using a utility pickup with a bucket on it to work on the parking lot lights. We want to see the accounting in writing to show what they charged the private side of their business. They were actually there all day we were told later. Just show us the accounting procedure in writing - nothing more, nothing less." The complainant requests that actual accounting of cost in the books for the utility versus the private venture side of their business are being allocated correctly.

TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon the Respondent?

Natural Gas

1. NG98-005 IN THE MATTER OF THE PETITION OF UTILICORP UNITED INC. FOR A STATEMENT TO THE SECURITIES AND EXCHANGE COMMISSION REGARDING INVESTMENT IN A FOREIGN UTILITY. (Staff Analyst: Dave Jacobson. Staff Attorney: Camron Hoseck.)

On May 22, 1998, a petition for certification from UtiliCorp United Inc. was filed with the Commission. UtiliCorp United Inc. operates a natural gas utility in South Dakota, Peoples Natural Gas Company. UtiliCorp, acting through a subsidiary, proposes to participate in the bidding process to acquire an interest in one or more natural gas utility properties in the State of Victoria, Australia. UtiliCorp requests a letter from the Commission addressed to the Securities and Exchange Commission stating that with respect to these potential acquisitions, it has the authority and resources to protect ratepayers subject to its jurisdiction and that it intends to exercise its authority.

TODAY, shall the Commission approve a statement to the Securities and Exchange Commission regarding this investment?

Telecommunications

1. TC97-018 IN THE MATTER OF THE APPLICATION OF ATCALL, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)

On February 24, 1997, ATCALL, Inc. filed for a Certificate of Authority to provide telecommunications services in South Dakota. Applicant proposes to provide 24-hour intrastate interexchange telecommunications services, 800 services, and postpaid and prepaid debit travel card services.

TODAY, shall the Commission grant a Certificate Of Authority to ATCALL, Inc.?

2. TC97-112 IN THE MATTER OF THE APPLICATION OF CAPROCK COMMUNICATIONS CORP. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)

On June 25, 1997, CapRock Communications Corp. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. Applicant seeks authority to provide Message Toll Service, Incoming 800, Travel Card and Prepaid Calling Card services. On May 11, 1998, the company requested withdrawal of its application.

TODAY, shall the Commission grant the withdrawal of the application and close the docket?

3. TC97-140 IN THE MATTER OF THE APPLICATION OF ONE CALL TELECOM, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES, INCLUDING LOCAL EXCHANGE SERVICE, IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)

On August 7, 1997, One Call Telecom, Inc. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "OCT, Inc. will provide telecommunications services including local exchange services, intraLATA services and interLATA services on a reseller basis. The specific products and services are set forth in the U S WEST Service Resale Agreement to which One Call is presently a party in Minnesota."

TODAY, shall the Commission grant a Certificate Of Authority to One Call Telecom, Inc.?

4. TC97-158 IN THE MATTER OF THE APPLICATION OF UNITED SERVICES TELEPHONE, LLC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)

On September 16, 1997, United Services Telephone, LLC filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "UST proposes to offer outbound message telecommunications service and inbound Toll-Free (800/888) services to its customers through switched and dedicated access facilities provided by its underlying carriers....Applicant proposes to offer South Dakota intrastate long distance services in conjunction with interstate services."

TODAY, shall the Commission grant a Certificate of Authority to United Services Telephone, LLC?

5. TC97-164 IN THE MATTER OF THE APPLICATION OF DTG COMMUNITY TELEPHONE, INC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES, INCLUDING LOCAL EXCHANGE SERVICES, IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)

On October 15, 1997, DTG Community Telephone, Inc. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "Services in South Dakota will include, but are not limited to, local exchange service, and other telecommunications services incidental to local exchange service....DTG Community Telephone, Inc. will be assuming the local exchange operations of Dakota Cooperative Telecommunications, Inc. for the following exchanges: Alsen (253), Beresford Rural (957), Chancellor (647), Davis (238), Flyger (327), Gayville (267), Hurley (238), Irene (263), Lennox (647), Monroe (297), Parker (297), Volin (267), Wakonda (267) and Worthing (372)....Because DCT will be assuming the obligations and benefits of the Eligible Telecommunications Carrier status which was granted to DTG in TC97-030, DCT will advertise its services in a manner consistent with its obligations as an Eligible Telecommunications Carrier."

TODAY, shall the Commission grant a Certificate of Authority to DTG Community Telephone, Inc.?

6. TC97-170 IN THE MATTER OF THE APPLICATION OF ITELSA (USA), INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)

On October 27, 1997, iTELSA (USA), Inc. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "The Applicant will provide interexchange services as a non-facilities-based reseller. Applicant proposes to offer 1+ and prepaid phone card services to both business and residential users."

TODAY, shall the Commission grant a Certificate of Authority to iTELSA (USA), Inc.?

7. TC98-015 IN THE MATTER OF THE APPLICATION OF FACILICOM INTERNATIONAL, LLC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)

On February 2, 1998, FaciliCom International, L.L.C. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "Petitioner will initially provide (i) dedicated access service to telecommunications carriers and commercial customers, and (ii) prepaid card service to and from all points within the state of South Dakota to residential and business customers, and may, at sometime in the future, add resold direct-dialed message and credit card service offerings to business and residential customers, or other service offerings consistent with its business interests and subscriber demand."

TODAY, shall the Commission grant a Certificate of Authority to FaciliCom, LLC?

8. TC98-056 IN THE MATTER OF THE APPLICATION OF NORTH DAKOTA LONG DISTANCE FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)

On February 17 1998, North Dakota Long Distance filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. Applicant seeks to provide "long distance services which include prepaid calling cards, travel cards, 10XXX, international calling, and 800/888# service....North Dakota Long Distance will resell the above listed services through a contract with WorldCom. NDLD does not own or maintain any lines."

TODAY, shall the Commission grant a Certificate of Authority to North Dakota Long Distance?

9. TC98-075 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC., FOR APPROVAL OF INTERCONNECTION AGREEMENT BETWEEN COMMCHOICE, LLC AND U S WEST COMMUNICATIONS, INC. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

On April 23, 1998, U S WEST Communications, Inc. filed for approval by the Commission the negotiated Interconnection Agreement between U S WEST Communications, Inc. and COMMCHOICE, LLC.

TODAY, shall the Commission approve the agreement?

10. TC98-095 IN THE MATTER OF THE APPLICATION OF NETEL, INC. D.B.A. TEL3 FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

On May 1, 1998, NeTel, Inc. d/b/a TEL3 filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. NeTel, Inc. d/b/a TEL3's intrastate service is an add on service available only if the customer subscribes to the Company's interstate offerings. NeTel, Inc. d/b/a TEL3 proposes to offer outbound/inbound switched services and travel card services.

TODAY, shall the Commission grant a Certificate of Authority to NeTel, Inc.?

11. TC98-097 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN COMMNET CELLULAR, INC., AND BROOKINGS MUNICIPAL TELEPHONE COMPANY. (Staff Analyst: All Staff. Staff Attorney: Karen Cremer.)

On May 11, 1998, the South Dakota Independent Telephone Coalition filed, on behalf of Brookings Municipal Telephone and CommNet Cellular, Inc., for approval by the Commission the negotiated Reciprocal Transport and Termination Agreement between Brookings Municipal Telephone and CommNet Cellular, Inc.

TODAY, shall the Commission approve the reciprocal agreement?

12. TC98-098 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN COMMNET CELLULAR, INC., AND KADOKA TELEPHONE COMPANY. (Staff Analyst: All Staff. Legal Intern: Ethan Meaney.)

On May 11, 1998, the South Dakota Independent Telephone Coalition filed, on behalf of Kadoka Telephone and CommNet Cellular, Inc., for approval by the Commission the negotiated Reciprocal Transport and Termination Agreement between Kadoka Telephone and CommNet Cellular, Inc.

TODAY, shall the Commission approve the reciprocal agreement?

Announcements
  1. Commissioners and Staff will be attending the MARC Conference June 21-24, 1998, in Overland Park, Kansas.
  2. The Commission will hold public input meetings from June 15-17, 1998, in Aberdeen, Watertown, Sioux Falls, Webster, Hayti, and Flandreau to determine present and future needs of telecommunications users.
  3. The next regularly scheduled Commission meeting will be held Tuesday, June 30, 1998, at 10:00 a.m. in Room LCR1 of the State Capitol Building.

____________________
Sue Cichos
Business Manager
June 4, 1998