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South Dakota Public Utilities Commission Meeting
Thursday, January 4, 2001; 1:30 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 at 605- 773-3201 by 5:00 p.m. on January 3, 2001.
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 Meetings Held On November 30, December 1, and December 12, 2000. (Staff: Mary Giddings.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)
The Commission has received 2252 consumer contacts during 2000. 147 contacts have been received since the last Commission meeting.
TELECOMMUNICATIONS: 94 of the contacts involved telecommunications. 17 of the contacts concerned billing issues; 14 of the contacts concerned unauthorized switching of service; 10 contacts concerned poor service; 8 contacts concerned raising rates without notice; 7 contacts concerned unauthorized billing for services; 6 contacts concerned disconnections; 4 contacts concerned internet access; 4 contacts concerned delayed services; 3 contacts concerned Lifeline/LinkUp programs; and the remaining issues concerned number portability, 800 numbers, continuous redial, directory assistance, deposits, fees, international rates, phone cards, outages, taxes, surfer scams, spamming and telemarketers.
ELECTRICITY: 26 of the contacts involved electricity issues. 9 of the contacts concerned disconnections; 4 of the contacts involved outages; 3 of the contacts concerned billing issues; 3 contacts concerned location of payment drop boxes; 3 contacts concerned late fees; and the remaining issues concerned payment plans, overcharges, and high rates.
NATURAL GAS: 27 contacts involving natural gas were reported. 20 of the contacts concerned high gas prices; 5 contacts involved billing issues; and the remaining issues were disconnection and energy audit.
1997 complaints have been resolved informally during 2000.
The Complainant claims that he began to receive billings for service he did not authorize in March. The Complainant requests credit of all charges, $1000 as provided by law, and compensation for his time and travel expenses if required to attend a hearing.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On October 16, 2000, the Commission received a complaint from Amy and Craig Johnson, Sioux Falls, SD, against MCI Worldcom. The Complainants allege that they did not authorize MCI for services. On December 13, 2000, the Commission received a Motion To Add McLeodUSA.
TODAY, shall the Commission add McLeodUSA as a party?
Complainant alleges that his long distance carrier was switched in May or June, 2000, without his permission. He requested reimbursement for all of the America's Tele-Network long distance charges, the $5.00 switching fee and the maximum penalty of $1000.00. On December 20, 2000, Vern Douville asked to add ILD Telecommunications as a party to his complaint.
TODAY, shall the Commission add ILD Telecommunications as a party?
Electric
Xcel Energy is requesting that the Commission review and hold a hearing to determine the electric service boundary between Xcel Energy and Southeastern Electric Cooperative, Inc., in Section 7, Township 100 North, Range 50 West, in Lincoln County. The approximate area in question is west of Interstate 29 between 61st Street, SW, and what will be known as Bakker Park Drive. A hearing in this matter was held on October 5, 2000. The Commission made its decision at the November 2, 2000, meeting. On December 8, 2000, the Commission received a Petition to Reconsider or in the Alternative, Petition to Review.
TODAY, shall the Commission grant the Petition to Reconsider or in the Alternative, Petition to Review? IF SO, how shall the Commission proceed?
On September 21, 2000, Northern States Power Company d/b/a Xcel Energy, Inc. filed a petition for modifications to its Small General Time of Day Service. The main purpose of the modifications is to provide for an additional type of service under this rate for customers with numerous, low wattage devices.
TODAY, shall the Commission approve the proposed tariff change?
An application by NorthWestern Public Service was filed with the Commission for approval of a Bill Crediting Program which would reflect an adjustment to normal NorthWestern Public Service Rates for preference power committed to the Yankton Sioux Tribe by Western Area Power Administration. As a result of reallocations of Western Area Power Administration preference power, low cost power is being made available to several Indian Tribes. The proposed credit adjustment mechanism would allow members of the Yankton Sioux Tribe to realize the savings of this low cost power.
TODAY, shall the Commission approve the proposed credit adjustment mechanism?
On December 11, 2000, Southeastern Electric Cooperative and NorthWestern Corporation filed a joint request for a service territory exception for service to a storage shed located in the northwest quarter of Section 8, Range 60 West, Township 97 North in Hutchinson County. The customer is constructing a storage shed and in order for SEC to provide electric service a line extension of approximately 1/4 of a mile would be required. NorthWestern has facilities within 50 feet of the proposed storage shed.
TODAY, shall the Commission approve the proposed territory exception?
Natural Gas
On February 15, 2000, the Commission received a petition from South Dakota Intrastate Pipeline Company (SDIPC) seeking an amendment to its rate schedule to provide for an increase in its transportation charged to its only customer, Montana-Dakota Utilities Company. SDIPC proposes to make the change in its rate effective as of April 1, 2000. On March 1, 2000, Montana-Dakota Utilities filed a Petition to Intervene in this docket. The deadline for intervention was March 3, 2000. Intervention was granted to MDU at the March 14, 2000, regular meeting. A hearing was held in this matter on November 9, 2000.
TODAY, what is the Commission's decision?
Telecommunications
Vivian Telephone Company, Vivian, South Dakota, filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association.
TODAY, shall the Commission approve the proposed revenue requirement?
Essex Communications, Inc. d/b/a eLEC Communications is seeking a Certificate of Authority to provide interexchange and local exchange telecommunication services in South Dakota. The applicant intends to provide inbound and outbound resold long distance telecommunication services as well as facilities-based local exchanges services to residential and business customers in South Dakota.
TODAY, shall the Commission grant Essex Communications, Inc. a Certificate of Authority?
Americatel Corporation, d/b/a 10 123 Americatel and 1010 123 Americatel (Americatel) was granted a certificate of authority to provide telecommunications services in South Dakota on March 28, 1998, subject to the condition that it not offer prepaid calling card service without prior approval from the Commission. On September 21, 2000, Americatel submitted an application to revise its tariff to provide for prepaid calling card service.
TODAY, shall the Commission amend the Certificate of Authority of Americatel Corporation, d/b/a 10 123 Americatel and 1010 123 Americatel?
A Wireless Interconnection Agreement between Qwest Corporation (Qwest) and WWC License, L.L.C. (WWC) was filed with the Commission for approval. The agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will provide certain ancillary functions and additional features to WWC for the provision of telecommunications services and also sets forth the terms, conditions and prices under which Qwest and WWC agree to provide Type 2 interconnection and reciprocal compensation for the exchange of traffic between themselves for the purpose of offering telecommunications services. Parties had until October 24, 2000, to file comments.
TODAY, shall the Commission approve the Interconnection Agreement?
IDT America, Corp. is seeking a Certificate of Authority to provide interexchange telecommunication services in South Dakota. The applicant is a reseller that intends to offer 1+ MTS, 101XXXX, prepaid calling card, toll free, and rechargeable calling card services to and from all points within South Dakota.
TODAY, shall the Commission grant IDT America, Corp. a Certificate of Authority?
Legacy Long Distance International, Inc. is seeking a Certificate of Authority to provide interexchange telecommunication services in South Dakota. The applicant is a reseller that intends to offer presubscribed outbound, toll free inbound, travel card and operator assisted services to both residential and business customers.
TODAY, shall the Commission grant Legacy Long Distance International, Inc. a Certificate of Authority?
An Amendment No. 4 to the Interconnection Agreement between Qwest Corporation (Qwest) and McLeodUSA Telecommunications Services, Inc. (McLeod) was filed with the Commission for approval. The agreement is a negotiated agreement with the parties adopting the negotiated interconnection agreement between McLeod and Qwest f/k/a U S WEST which was approved by the Commission effective July 23, 1999 in Docket No. TC99-057. Three amendments have since been filed and approved. The first and second amendments were approved on September 29, 2000 in Docket No. TC00-107 and the third amendment was approved on September 29, 2000 in Docket No. TC00-119. Amendment No. 4 addresses the terms and conditions of line sharing. Parties had until November 29, 2000, to file comments.
TODAY, shall the Commission approve the amendment to the Interconnection Agreement?
An Amendment No. 1 to the Interconnection Agreement between Qwest Corporation (Qwest) and Sprint Communications Company, L.P. (Sprint) was filed with the Commission for approval. The agreement is a negotiated agreement with the parties adopting the negotiated interconnection agreement between Sprint and Qwest f/k/a U S WEST which was approved by the Commission effective November 21, 1997 in Docket No. TC97-149. Amendment No. 1 addresses the terms and conditions for Line Sharing. Parties had until November 29, 2000, to file comments.
TODAY, shall the Commission approve the amendment to the Interconnection Agreement?
An Amendment No. 1 to the Interconnection Agreement between Qwest Corporation (Qwest) and New Edge Network, Inc. d/b/a New Edge Networks (New Edge) was filed with the Commission for approval. The agreement is a negotiated agreement with the parties adopting the negotiated interconnection agreement between New Edge and Qwest f/k/a U S WEST which was approved by the Commission effective January 12, 2000, in Docket No. TC99-109. Amendment No. 1 replaces an interim line sharing agreement. Parties had until November 29, 2000, to file comments.
TODAY, shall the Commission approve the amendment to the Interconnection Agreement?
An Amendment No. 1 to the Interconnection Agreement between NewPath Holdings, Inc. and Qwest Corporation (Qwest) was filed with the Commission for approval. The agreement is a negotiated agreement with the parties adopting the previously negotiated interconnection agreement between NewPath Holdings, Inc. and Qwest approved by the Commission effective August 16, 2000 in Docket TC00-099. Amendment No. 1 replaces existing UNE and OSS language, including OSS terms conditions and rates. Parties had until December 11, 2000, to comment.
TODAY, shall the Commission approve the amendment to the Interconnection Agreement?
Amendments Nos. 2 and 3 to the Interconnection Agreement between New Edge Network, Inc. and Qwest Corporation (Qwest) were filed with the Commission for approval. The agreements are negotiated agreements with the parties adopting the previously negotiated interconnection agreement between New
Edge Network, Inc. and Qwest approved by the Commission effective January 12, 2000 in Docket TC99-109. Amendment No. 2 adds terms, conditions and rates for IDSL and DS3 Capable Loops. Amendment No. 3 revises the existing intervals for collocation augments, extends additional access to loop
qualification data, adds language regarding processes and intervals for unbundled loop order provisioning, adds a self-executing service performance program and adds language regarding the ordering and provisioning of collocation and UNE facilities. Parties had until December 11, 2000, to comment.
TODAY, shall the Commission approve the amendments to the Interconnection Agreement?
An Amendment No. 2 to the Interconnection Agreement between AT&T Communications of the Midwest, Inc. (AT&T) and Qwest Corporation (Qwest) was filed with the Commission for approval. The agreement is a negotiated agreement with the parties adopting the arbitrated interconnection agreement between AT&T and Qwest approved by the Commission in Docket TC96-184. Amendment No. 2 adds terms, conditions and rates for Local Number Portability Managed Cuts. Parties had until December 11, 2000, to comment.
TODAY, shall the Commission approve the amendment to the Interconnection Agreement?
Encompass Communications, L.L.C. has filed a request for a Certificate of Authority to provide resold telecommunications services throughout South Dakota. Encompass Communications intends to offer interexchange services, including 1+ and 101XXXX outbound dialing, 800/888 Toll-Free inbound dialing, directory assistance, data services, travel card service, and prepaid calling card service.
TODAY, shall the Commission grant Encompass Communications L.L.C. a Certificate of Authority?
Qwest Corporation (Qwest) filed with the Commission a Statement of Generally Available Terms and Conditions (SGAT) and a Compliance Filing Modifying Qwest's SGAT to Adopt Collocation Provision Intervals Set by the FCC (Compliance Filing). In its SGAT filing, Qwest states that it is requesting that the Commission open a docket for review of the SGAT; that it has triggered the 60-day review period under Section 252(f)(3) of the Telecommunications Act of 1996 (Act); and that it provides Qwest's model contract offering that will frame discussions for the Act's 271 process. In its Compliance Filing, Qwest requests that the Commission issue an Order allowing section 8.4 of the SGAT to be amended consistent with the intervals set forth by the FCC. At the December 12, 2000, regular meeting, the Commission granted intervention to AT&T, McLeodUSA, and Midcontinent Communications.
TODAY, how shall the Commission proceed?
An Opt-In Interconnection Agreement between Qwest Corporation (Qwest) and New-Cell, Inc. (New-Cell) was filed with the Commission for approval. The agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will provide services for resale to New-Cell for the provision of local exchange services. Parties had until December 18, 2000, to comment.
TODAY, shall the Commission approve the proposed Interconnection Agreement?
Announcements
1. A hearing for Docket CT00-055 (BH FiberCom/Qwest) is scheduled for January 18, 2001, at 9am, at the Chamber of Commerce Meeting Room, 800 West Dakota, in Pierre.
2. Commissioners and Staff will be attending the MARC meeting January 11-14, 2001.
3. Commission meetings and hearings are being scheduled for February 6 and 21, 2001.
4. The next regularly scheduled Commission meeting will be held January 17, 2001, at 2:30pm, in Room 468 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
December 28, 2000
