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South Dakota Public Utilities Commission Meeting
Wednesday, January 17, 2001; 2:30 P.M.
State Capitol Building, Room 468
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 16, 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 Meeting Held On January 4, 2001. (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 76 consumer contacts during 2001.
TELECOMMUNICATIONS: 46 of the contacts involved telecommunications. 8 of the contacts concerned billing issues; 4 contacts involved the unauthorized switching of service; 4 contacts concerned unauthorized billing for products or services; 4 contacts concerned internet scams; 3 contacts involved raising rates without notice; and the remaining issues were 900 numbers, Caller ID, cellular service, delayed installation, deposits, fax lines, fees, payphones, poor quality, and rates.
ELECTRICITY: 11 of the contacts involved electricity issues. 7 contacts concerned disconnection, and the remaining issues were billing and outages.
NATURAL GAS: 19 contacts involving natural gas were reported. 16 of the contacts involved high costs; 2 contacts concerned fees; and one contact concerned a faulty meter.
A total of 52 complaints have been resolved informally during 2001.
The complainants allege that their long distance phone services were switched after they received a telemarketing call. During the telemarketing call they did not agree to switch services. Talk.Com d/b/a The Phone Co., has not been able to provide proof of verification authorizing the switch in providers. The complainants have received a switching fee and a phone bill from Talk.Com d/b/a The Phone Co. The complainants request that the company be punished to the full extent of the law.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
The complainant alleges McLeodUSA was contacted on November 13, 2000, to report a phone outage and the phone line was not repaired until November 17, 2000. The complainant alleges the severity and urgency of his request for repairs went unheeded. He reports that being without phone service for almost five days had impacted his business revenue. The complainant is seeking monetary and punitive damages for the amount of $4890.00 for the period of time without phone service. On January 9, 2001, the Commission received a request from Mike Mattern to add Qwest Communications as a party.
TODAY, shall the Commission add Qwest Communications as a party?
The Complainant indicates that MCI WorldCom was not authorized to provide telecommunications services to FSST Social Services. The Complainant requests imposition of penalties. On January 5, 2001, the Commission received a Motion from MCI WorldCom to join Ionex, Inc. as a party.
TODAY, shall the Commission grant the Motion to join Ionex, Inc.?
The Complainant indicates that Telecom*USA was not authorized to provide telecommunications services to FSST Social Services. The Complainant requests imposition of penalties. On January 5, 2001, the Commission received a Motion from Telecom*USA to add Ionex, Inc. as a party.
TODAY, shall the Commission grant the Motion to join Ionex?
On January 2, 2001, the Commission docketed a complaint filed by Walter Misemer on behalf of The Connection, Rapid City, South Dakota, against ILD Teleservices, Inc. and NCP, Inc. regarding unauthorized billing for services. The Complainant claims that The Connection did not authorize the charges for a collect call which appeared on its billing. During an informal investigation of the complaint NCP did not respond to the complaint. The Complainant seeks credit for the charges.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
Natural Gas
On June 1, 1999, the Commission received an application from NorthWestern Public Service, a division of Northwestern Corporation, for an increase in rates for natural gas service in South Dakota. The Company requested that the proposed increase of $2,108,112 or approximately 6.3% become effective July 1, 1999. On June 22 the Commission suspended the imposition of the tariff for 90 days to October 1. By Order dated September 14, 1999, the Commission further extended the suspension through December 1, 1999. A hearing in this matter was scheduled for October 20-21, 1999. On October 18, 1999, Staff notified the Commission that NWPS and Staff had reached a settlement agreement and requested the Commission to consider it on October 20, 1999. An issue related to the PGA was separated from the rate case issues and a hearing on the PGA issue was held October 20, 1999. On November 1, 1999, the Commission approved the settlement agreement on rate case issues which increased rates by $1,279,025 with an effective date of December 1, 1999. The Commission issued its order regarding the PGA issue on April 27, 2000. On June 8, 2000, Staff filed a Motion to Compel NorthWestern Public Service to Comply with Commission Order. The Commission heard the matter at the August 22, 2000, regular meeting, and asked NorthWestern to respond to questions. On December 6, 2000, the Commission received a Memorandum of NorthWestern Concerning the Status of Nekota Resources, Inc. Pipeline.
TODAY, shall the Commission grant the Motion to Compel? How shall the Commission proceed?
Telecommunications
On December 6, 1999, Dakota Telecom, Inc. filed to Amend its Certificate of Authority to allow Dakota Telecom, Inc. to provide service to the Jefferson, South Dakota Exchange. On October 22, 1996, Dakota Telecom, Inc. (DTI) was granted a Certificate of Authority to provide telecommunications services, including local exchange services, throughout the State of South Dakota. This grant was subject to the Commission's restriction with respect to rural telephone companies. DTI is requesting that the Commission amend its previous Order granting DTI its certificate and grant DTI the authority to provide service to the entire exchange of Jefferson, South Dakota, an exchange currently served by Long Lines, Inc. d/b/a Jefferson Telephone company, a rural telephone company as that term is defined in federal and state law. On January 6, 2000, Jefferson Telephone Company was granted intervention. On January 2, 2001, the Commission received a Request to Dismiss from Dakota Telecom, Inc.
TODAY, shall the Commission grant the Request to Dismiss?
On February 10, 2000, the Commission docketed the application of Comm South Companies, Inc. for a Certificate of Authority to provide local exchange services in South Dakota. Comm South Companies, Inc. seeks to provide resold basic local exchange telecommunication services in areas of South Dakota currently served by U S WEST Communications and any other relevant incumbent facilities-based LEC or other authorized local exchange carrier, excluding service areas of rural telephone companies. A majority of the applicant's customers are residential consumers who are unable to obtain local telecommunication services from other local exchange carriers due to credit problems or prior disconnection. Services will include local calling, access to 911 emergency and 800 number services to residential customers on a prepaid basis. Applicant does not permi customers of its local service to access usage-based services, such as direct-dial long distance calls, collect calls, operator-assisted calls and third-number billed calls. On July 11, 2000, Comm South filed a Petition for Declaratory Ruling with the Commission. The Commission deferred the matter at the August 9, 2000, regular meeting. The matter was discussed at the September 13, 2000, regular meeting.
TODAY, shall the Commission grant a Certificate of Authority to Comm South Companies, Inc.?
Midstate Telephone Company and Heartland Communications, Inc., Kimball, 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. Midstate and Heartland were consolidated into Midstate Communications, Inc. on January 1, 2000. No companies have filed to intervene.
TODAY, shall the Commission approve the proposed revenue requirement?
Union Telephone Company 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 Carriers Association. No parties have filed to intervene.
TODAY, shall the Commission approve the proposed revenue requirement?
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. No parties have filed to intervene.
TODAY, shall the Commission approve the proposed revenue requirement?
The Local Exchange Carrier Association filed tariff sheets implementing the switched access rates necessitated by revisions to its member companies' revenue requirements and switched access minutes of use. No parties have filed to intervene.
TODAY, shall the Commission approve a revised LECA switched access rate?
7. TC00-109 IN THE MATTER OF THE FILING FOR APPROVAL OF A RESALE AGREEMENT BETWEEN U S WEST COMMUNICATIONS, INC. AND COMM SOUTH COMPANIES, INC. (Staff Attorney: Karen Cremer.)
An interconnection agreement between U S WEST Communications, Inc. and Comm South Companies, Inc. was filed with the Commission. The agreement is a negotiated agreement setting forth certain arrangements to provide, within the geographical areas where U S WEST is the incumbent local exchange carrier, the resale of local telecommunications services. Parties had until July 25, 2000, to comment.
TODAY, shall the Commission approve the Resale Agreement?
On November 2, 2000, NewSouth Communications Corp. filed for a Certificate of Authority to provide telecommunications services in South Dakota. NewSouth Communications Corp. plans to provide intrastate interexchange telecommunications services in South Dakota including message toll service, Travel Card and operator assisted services by reselling the services of underlying carriers.
TODAY, shall the Commission grant a Certificate of Authority to NewSouth Communications Corp.?
On November 8, 2000, the Commission received an application from Telephone Associates, Inc. for a Certificate of Authority to provide interexchange telecommunication services in South Dakota. They intend to offer direct dial outbound and inbound telecommunication services, and travel card service to residential and business customers, utilizing switched and dedicated access facilities.
TODAY, shall the Commission grant a Certificate of Authority to Telephone Associates, Inc.?
Global TeleLink Services, Inc. (Global) is seeking a Certificate of Authority to provide local exchange and intrastate interexchange service in South Dakota. Global intends to provide a wide variety of traditional local voice and data telecommunications services to consumers and other telecommunications carriers in South Dakota. These services may include single and multi-line residential and business services, CENTREX, high-capacity private line, ISDN, digital subscriber line, frame relay services, directory listing, and optional CLASS service features. SDITC was granted intervention and withdrew its intervention.
TODAY, shall the Commission grant a Certificate of Authority to Global TeleLink Services, Inc.?
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. The matter was discussed at the January 4, 2001, regular meeting.
TODAY, how shall the Commission proceed?
On December 15, 2002, KMC Telecom V, Inc. filed for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota. KMC Telecom V, Inc. is seeking a Certificate of Authority to provide intrastate interexchange telecommunication services and local exchange services in South Dakota. The applicant intends to provide a full range of 1+ interexchange services including MTS, private line, WATS, toll free, ISDN and frame relay services through resale and also intends to operate as a resold and facilities-based local exchange services provider of high-speed data transmission services, to customers to and from all points in the state of South Dakota in all areas approved for service by competitive local exchange carriers.
TODAY, shall the Commission grant a Certificate of Authority to KMC Telecom V?
On December 15, 2000, Qwest filed to revise Section 5, Pages 7 and 11, Release 2 of its Exchange and Network Services Tariff. The revisions remove the Sisseton exchange from the tariff. This exchange was sold on November 30, 2000.
TODAY, shall the Commission approve the proposed tariff revisions?
A Seventh Amendment to the Interconnection Agreement between Qwest Corporation (Qwest) and McLeodUSA Telecommunications Services, Inc. (McLeodUSA) was filed with the Commission for approval. McLeodUSA and Qwest entered into the initial Interconnection Agreement which was previously approved by the Commission. The seventh amendment includes terms and conditions associated with the business-to-business relationship. Parties had until January 9, 2001, to file comments.
TODAY, shall the Commission approve the amendment to the 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. A Commission meeting and hearings are being scheduled for February 21, 2001.
4. The next regularly scheduled Commission meeting will be held February 6, 2001, at 2:30pm,
in Room 468 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
January 10, 2001
