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South Dakota Public Utilities Commission Meeting
August 10, 2010, at 1:00 P.M. CDT
Room 413, Capitol Building
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. CDT on Monday August 9, 2010. Lines are limited and are given out on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in the Commission Meeting and a line is not available you may have to appear in person. 

NOTE:  To listen to the Commission Meeting live please go to the PUC's Web site www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests that persons who will only be listening to proceedings and not actively appearing in a case listen via the web cast to free phone lines for those who have to appear.  The Commission meetings are archived on the PUC's Web site under the Commission Actions tab and then click on the LISTEN link on the page.

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 COMMISSION MEETING

Consumer Reports

1.      Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Staff Attorney: Kara Semmler)

Telecommunications

1.      TC10-023 -  In the Matter of the Application of Pay Tel Communications, Inc. for a Certificate of Authority to Provide Alternative Operator Services in South Dakota (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer).

            On April 8, 2010, the Commission received an application from Pay Tel Communications, Inc. for a Certificate of Authority to provide alternative operator services on a resale basis within the State of South Dakota. The Applicant proposes to offer automated operator assisted collect calling services to inmates and other incarcerated persons in correctional facilities within the State of South Dakota.

         TODAY, shall the Commission approve the Certificate of Authority?

2.      TC10-026 -  In the Matter of a Complaint Filed by Sprint Communications Company, LP Against Native American Telecom, LLC Regarding Telecommunications Services (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer).

            On May 4, 2010, the Commission received a complaint from Sprint Communications Company, LP (Sprint) against Native American Telecom, LLC (NAT), in which Sprint seeks: 1) a determination that the Public Utilities Commission (Commission) has the sole authority to regulate Sprint's intrastate interexchange services and that NAT lacks authority to bill Sprint for switched access services without a Certificate of Authority and valid tariff on file with the Commission; 2) a declaration that because the Commission has the sole authority over Sprint's intrastate interexchange services, the Crow Creek Sioux Tribe Utility Authority is without jurisdiction over Sprint; 3) a determination that NAT must repay Sprint the amounts it inadvertently paid NAT for unauthorized and illegal switched access charges. On May 5, 2010 Sprint filed an Amended Complaint. On May 20, 2010, South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene. On May 21, 2010, Petitions to Intervene by South Dakota Network, LLC (SDN), Midstate Communications (Midstate) and AT&T Communications of the Midwest, Inc., (AT&T) were filed. On June 1, 2010, NAT filed a Motion to Dismiss and a Motion to Establish Briefing Schedule for Respondent's Motion to Dismiss. On June 4, 2010, Sprint filed its Response to Crow Creek Sioux Tribe Utility Authority's Motion to Dismiss, or in the Alternative, Petition to Intervene. On June 7, 2010, CCSTUA filed a Motion to Dismiss or in the Alternative Petition to Intervene. At its June 15, 2010, Commission meeting, intervention was granted to SDN, SDTA, Midstate, AT&T and CCSTUA.  On June 10, 2010, Sprint Communications filed a Response to Native American Telecom, LLC's Motion to Establish Briefing Schedule. On July 27, 2010, Native American Telecom LLC's filed a Notice of Tribal Court Litigation.  On July 29, 2010, Native American Telecom LLC filed a Motion to Stay.  On August 3, 2010, Sprint Communications Company L.P.'S filed an Opposition to NAT's Motion to Stay and Sprint's Motion to Establish Briefing Schedule.

         TODAY, shall the Commission establish a procedural schedule? Or, how shall the Commission proceed?

3.      TC10-077 -  In the Matter of the Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Cheyenne River Sioux Tribe and Alltel Communications, LLC (Staff Attorney: Kara Semmler).

            On June 3, 2010, the Commission received a filing for approval of a reciprocal interconnection, transport and termination agreement between Cheyenne River Sioux Tribe and Alltel Communications, LLC for the state of South Dakota. Any party wishing to comment may do so by filing written comments with the Commission and the parties to the Agreement no later than June 23, 2010. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments. No comments were received.

         TODAY, shall the Commission approve the Agreement?

4.      TC10-080 -  In the Matter of the Application of TDS Long Distance Corporation for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota ( Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)

        On June 18, 2010, the Commission received an application from TDS Long Distance Corporation for a Certificate of Authority for the state of South Dakota. The Company plans to provide facilities-based and resold interexchange service in South Dakota.

         TODAY, shall the Commission approve the Certificate of Authority?

5.      In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC10-025, TC10-030, TC10-041, TC10-045, TC10-050, TC10-60, TC10-062, TC10-063, TC10-069 and TC10-079.

         TC10-025 -  In the Matter of the Request of Jefferson Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler).

         On May 4, 2010, the Commission received an application from Jefferson Telephone Company requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-030 -  In the Matter of the Request of Kennebec Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler).

         On May 18, 2010, the Commission received an application from Kennebec Telephone Company requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-041 - In the Matter of the Request of Golden West Telecommunication Cooperative, Inc. Study Area Codes: 391640, 391689, 391667, 391677, 391684 and 391686 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler).

         On May 24, 2010, the Commission received an application from Golden West Telecommunication Cooperative, Inc. Study Area Codes: 391640, 391689, 391667, 391677, 391684 and 391686 requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-045 -  In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Bob Knadle, Staff Attorney: Kara Semmler).

         On May 25, 2010, the Commission received an application from Interstate Telecommunications Cooperative, Inc. requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011. 

         TC10-050 -  In the Matter of the Request of City of Faith Municipal Telephone Company for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Bob Knadle, Staff Attorney: Kara Semmler).

         On May 27, 2010, the Commission received an application from City of Faith Municipal Telephone Company requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

            TC10-060 -  In the Matter of the Request of McCook Cooperative Telephone Company Regarding its Use of Federal Universal Service Support (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Kara Semmler).

         On May 27, 2010, the Commission received an application from McCook Cooperative Telephone Company requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-062 -  In the Matter of the Request of Knology Community Telephone, Inc. for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Kara Semmler).

         On May 28, 2010, the Commission received an application from Knology Community Telephone, Inc. requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-063 -  In the Matter of the Request of Knology of the Black Hills, LLC for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Kara Semmler).

            On May 28, 2010, the Commission received an application from Knology of the Black Hills, LLC requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

             TC10-069 -  In the Matter of the Request of Midcontinent Communications for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Bob Knadle, Staff Attorney: Kara Semmler).

         On June 1, 2010, the Commission received an application from Midcontinent Communications requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-079 -  In the Matter of the Request of Santel Communications Cooperative for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Bob Knadle, Staff Attorney: Kara Semmler).

         On June 7, 2010, the Commission received an application from Santel Communications Cooperative requesting the Commission to issue a certification to the FCC and USAC indicating it is compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TODAY, shall the Commission Provide a Certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the Plan for the Use of Federal Universal Services Support as Proposed in each of the above dockets?

6.      TC10-064 -  In the Matter of the Request of Citizens Telecommunications Company of Minnesota, LLC for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler).

         Consistent with last year's filing, Citizens Telecommunications Company of Minnesota, LLC, (CTC MN) has requested a waiver of the Commission's ETC filing requirements pursuant to ARSD 20:10:32:56. on the grounds that the reporting requirements in support of ETC certification are unduly burdensome and unnecessary. CTC MN also requests the Commission to certify CTC MN as an ETC in its annual ETC certification. A portion of CTC MN's Jasper, Minnesota exchange extends into South Dakota and serves 74 access lines in South Dakota. The Jasper exchange central office switch is located in Minnesota and the study area is under Minnesota jurisdiction. CTC MN completed an extensive ETC certification filing with the Minnesota Commission on May 27, 2010 and expects to receive re-certification.

            TODAY, shall the Commission Grant the Waiver and certify CTC?

Items for Commission Discussion

Announcements

1.   Commissioners and staff will attend the Sioux Empire Fair, August 10-15, 2010, in Sioux Falls, S.D.

2.   Commissioners and staff will attend the Brown County Fair, August 17-22, 2010, in Aberdeen, S.D.

3.   Commissioners and staff will attend the South Dakota Association of Telephone Cooperatives annual meeting, August 22-24, 2010, in Rapid City, S.D.

4.   The next regularly scheduled commission meeting will be held August 25, 2010, at 9:30 a.m., CDT, in LCR 1 and 2 at the State Capitol Building, Pierre, S.D.

5.   Commissioners and staff will attend a meeting with representatives of the Midwest Independent System Operator, September 1, 2010, in Pierre, S.D.

6.   Commissioners and staff will attend the South Dakota State Fair, September 2-6, 2010, in Huron, S.D.

7.   The Public Utilities Commission offices will be closed Monday, September 6, 2010, in observance of Labor Day.

8.   Commission meetings are scheduled for September 14 and 28, 2010.

/S/ Cindy Kemnitz          
Cindy Kemnitz
Finance Manager
puc@state.sd.us
August 3, 2010