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South Dakota Public Utilities Commission Meeting
Tuesday, June 15, 1999; 8:00 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 June 14, 1999.  Please keep in mind that a limited number of telephone lines are available. Every effort should be made for parties in the same city to be on the same line when calling in.

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 AD HOC MEETING

Telecommunications

1.  TC99-030        IN THE MATTER OF THE FCC ORDER ESTABLISHING NEW DEADLINES FOR IMPLEMENTATION OF INTRALATA DIALING PARITY BY LOCAL EXCHANGE CARRIERS.  (Staff Analyst:  Harlan Best.  Staff Attorney:  Karen Cremer.)

On March 23, 1999, the Federal Communications Commission issued an order establishing new deadlines for implementation of intraLATA dialing parity by local exchange carriers:  In the Matters of Implementation of the Local Competition Provisions of the Telecommunications Act of 1996; Petition of Southwestern Bell Telephone Company, Pacific Bell, and Nevada Bell for Expedited Declaratory Ruling on Interstate IntraLATA Toll Dialing Parity or, in the Alternative, Various Other Relief, CC Docket No. 96-98, FCC 99-54 (released March 23, 1999).  The order states that "[n]o later than April 22, 1999, all LECs must file intraLATA toll dialing parity plans with the state regulatory commission for each state in which the LEC provides telephone exchange service if a plan has not yet been filed with such state commission.  Once a state commission has approved a plan, the LEC must implement its plan no later than 30 days after the date on which the plan is approved."  At its ad hoc meeting on March 30, 1999, the Commission voted to open a docket and establish a procedural schedule in this matter.  Local Exchange Carriers were requested to file an IntraLATA Toll Dialing Parity plan by April 22, 1999.  On May 26, 1999, AT&T filed for Commission approval of its carrier notification letter in advance of final Commission action on the proposed plans.  At its May 8, 1999, meeting, the Commission requested additional information from the parties

TODAY, shall the Commission order any changes in the filed plans?

 2.    TC99-041        IN THE MATTER OF THE FILING BY DICKEY RURAL TELEPHONE COOPERATIVE AND ITS WHOLLY OWNED SUBSIDIARY, DICKEY RURAL COMMUNICATIONS, INC. FOR APPROVAL OF PETITION FOR SUSPENSION AND MODIFICATION OF DIALING PARITY.  (Staff Analyst:  Harlan Best.  Staff Attorney:  Karen Cremer.)

On April 19, 1999, Dickey Rural Telephone Cooperative and Dickey Rural Communications, Inc. filed for approval of petition for suspension and modification of dialing parity.  Dickey Rural Telephone Cooperative and Dickey Rural Communications, Inc. each have fewer than 2% of the Nation's subscriber lines installed in the aggregate.  Pursuant to 47 U.S.C. 251(f)(2), Dickey Rural Telephone Cooperative and Dickey Rural Communications, Inc. petitions the Commission for a suspension and modification of the requirement for implementation of intraLATA dialing parity in its service areas until June 30, 2000.  The grounds for the petition are that suspension and modification are: a) necessary to avoid imposing requirements that are unduly economically burdensome and infeasible, and b) consistent with the public interest, convenience and necessity.  The compressed schedule mandated by CC Docket No. 96-98, Order adopted March 19 and released March 23, 1999, FCC 99-54 is burdensome and infeasible for small LECs to develop and administer plans for timely notification of their subscribers and interexchange carriers regarding subscribers' selection of intraLATA toll providers, and for small LECs to develop fully compensatory local exchange access rates to replace the current arrangement.

TODAY, how shall the Commission proceed?

3.  TC99-042        IN THE MATTER OF THE FILING BY CONSOLIDATED TELEPHONE COOPERATIVE AND ITS WHOLLY OWNED SUBSIDIARY, CONSOLIDATED TELCOM, INC. FORMERLY KNOWN AS CTC COMMUNICATIONS, INC. FOR APPROVAL OF PETITION FOR SUSPENSION AND MODIFICATION OF DIALING PARITY.  (Staff Analyst:  Harlan Best.  Staff Attorney:  Karen Cremer.)

On April 20, 1999, Consolidated Telephone Cooperative and its Wholly Owned Subsidiary, Consolidated Telcom, Inc. formerly known as CTC Communications, Inc. filed for approval of petition for suspension and modification of dialing parity.  Consolidated Telephone Cooperative and Consolidated Telcom, Inc. formerly known as CTC Communications, Inc. each have fewer than 2% of the Nation's subscriber lines installed in the aggregate.  Pursuant to 47 U.S.C. 251(f)(2), Consolidated Telephone Cooperative and Consolidated Telcom, Inc. formerly known as CTC Communications, Inc. petitions the Commission for a suspension and modification of the requirement for implementation of intraLATA dialing parity in its service areas until June 30, 2000.  The grounds for the petition are that suspension and modification are:  a) necessary to avoid imposing requirements that are unduly economically burdensome and infeasible, and b) consistent with the public interest, convenience and necessity.  The compressed schedule mandated by CC Docket No. 96-98, Order adopted March 19 and released March 23, 1999, FCC 99-54 is burdensome and infeasible for small LECs to develop and administer plans for timely notification of their subscribers and interexchange carriers regarding subscribers' selection of intraLATA toll providers, and for small LECs to develop fully compensatory local exchange access rates to replace the current arrangement.

TODAY, how shall the Commission proceed?

4.    TC99-043        IN THE MATTER OF THE FILING BY KENNEBEC TELEPHONE COMPANY FOR APPROVAL OF DIALING PARITY IMPLEMENTATION PLAN AND PETITION FOR SUSPENSION AND MODIFICATION OF DIALING PARITY.  (Staff Analyst:  Harlan Best.  Staff Attorney:  Karen Cremer.)

On April 21, 1999, Kennebec Telephone Company filed for approval of dialing parity implementation plan and petition for suspension and modification of dialing parity.  Kennebec Telephone Company filed its intraLATA toll dialing parity implementation plan and, pursuant to ARSD 20:10:32:39 and 47 U.S.C. 251(f)(2), a petition for suspension and modification of the requirement for implementing intraLATA dialing parity until September 19, 1999.   Kennebec Telephone Company has fewer than 2% of the Nation's subscriber lines installed in the aggregate.  Kennebec Telephone Company's implementation of intraLATA dialing parity in Kennebec and Presho are part and parcel of its implementation of interLATA equal access for the Kennebec and Presho exchanges at the South Dakota Network switch in Sioux Falls.  The implementation of Kennebec Telephone Company's dialing parity plan began before the FCC released its order in CC Docket No. 96-98, Order adopted March 19 and released March 23, 1999, FCC 99-54.

TODAY, what is the Commission's decision?

5.   TC99-046        IN THE MATTER OF THE FILING BY WESTERN TELEPHONE COMPANY FOR APPROVAL OF DIALING PARITY IMPLEMENTATION PLAN AND PETITION FOR SUSPENSION AND MODIFICATION OF DIALING PARITY(Staff Analyst:  Harlan Best.  Staff Attorney:  Karen Cremer.)

On April 21, 1999, Western Telephone Company filed for approval of dialing parity implementation plan and petition for suspension and modification of dialing parity.  Western Telephone Company filed its intraLATA toll dialing parity implementation plan and, pursuant to ARSD 20:10:32:39 and 47 U.S.C. 251(f)(2), a petition for suspension and modification of the requirement for implementing intraLATA dialing parity until September 15, 1999.  Western Telephone Company has fewer than 2% of the Nation's subscriber lines installed in the aggregate.  "Western Telephone Company seeks the suspension and modification because at this time negotiations are ongoing and no decision has yet been reached regarding whether or not intraLATA equal access will be provided by South Dakota Network as centralized equal access, or, if Western Telephone Company will make the requisite changes to provide intraLATA dialing parity from its end offices.  It is technically infeasible and, hence, inconsistent with the public interest, to reach this decision and implement either alternative by July 22, 1999, the deadline according to [the FCC order in CC Docket No. 96-98, Order  adopted March 19 and released March 23, 1999,] FCC 99-54."  Western Telephone Company submitted a centralized intraLATA equal access plan.

TODAY, what is the Commission's decision?

6.   TC99-047        IN THE MATTER OF THE FILING BY BERESFORD MUNICIPAL TELEPHONE COMPANY FOR APPROVAL OF DIALING PARITY IMPLEMENTATION PLAN AND PETITION FOR SUSPENSION AND MODIFICATION OF DIALING PARITY.  (Staff Analyst:  Harlan Best.  Staff Attorney:  Karen Cremer.)

On April 21, 1999, Beresford Municipal Telephone Company filed for approval of dialing parity implementation plan and petition for suspension and modification of dialing parity.  Beresford Municipal Telephone Company filed its intraLATA toll dialing parity implementation plan and, pursuant to ARSD 20:10:32:39 and 47 U.S.C. 251(f)(2), a petition for suspension and modification of the requirement for implementing intraLATA dialing parity until September 15, 1999.  Beresford Municipal Telephone Company has fewer than 2% of the Nation's subscriber lines installed in the aggregate.  "Beresford Municipal Telephone Company seeks the suspension and modification because  at this time negotiations are ongoing and no decision has yet been reached regarding whether or not intraLATA equal access will be provided by South Dakota Network as centralized equal access, or, if Beresford Municipal Telephone Company will make the requisite changes to provide intraLATA dialing parity from its end offices.  It is technically infeasible and, hence, inconsistent with the public interest, to reach this decision and implement either alternative by July 22, 1999, the deadline according to [the FCC order in CC Docket No. 96-98, Order adopted March 19 and released March 23, 1999,] FCC 99-54."  Beresford Municipal Telephone Company submitted a centralized intraLATA equal access plan.

TODAY, what is the Commission's decision?

 

________________________________
William Bullard, Jr.,  Executive Director
billb@puc.state.sd.us
June 11, 1999