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South Dakota Public Utilities Commission Meeting
March 22, 2011, at 9:30 A.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, March 21, 2011. 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 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, Click on "Commission Meeting Archives," to access the recordings.

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

Administration

1.     Approval of the Minutes of the Commission Meeting and Gross Receipts Tax hearing held on February 22, 2011. (Staff: Seanna Regynski)

Consumer Reports

1.     Status Report on Consumer Utility Inquiries and Complaints Received by the Commission.  (Consumer Affairs: Deb Gregg)

Complaint

1.     CT05-001     In the Matter of the Complaint filed by WWC License LLC against Golden West Telecommunications Cooperative, Inc., Vivian Telephone Company, Sioux Valley Telephone Company, Armour Independent Telephone Company, Bridgewater Canistota Independent Telephone Company and Kadoka Telephone Company Regarding Intercarrier Billings. (Staff Analyst: Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)

On February 16, 2005, WWC License LLC (WWC) filed a Complaint against Golden West Telecommunications Cooperative, Inc., and Vivian Telephone Company, Sioux Valley Telephone Company, Union Telephone Company, Armour Independent Telephone Company, Bridgewater-Canistota Telephone Company and Kadoka Telephone Company (Golden West). On March 8, 2005, Golden West filed an Answer and Counterclaim. The procedural history of the parties' numerous motions, responses thereto and Commission's decisions thereon is set forth in the Commission's order of August 26, 2005. On September 7, 2005, WWC filed an Amended Complaint; and Golden West filed an Amended Answer and Amended Counterclaim on September 15, 2005. Intervention was granted to SDTA at the October 4, 2005, commission meeting. The Commission held hearings on March 8-10, 2006; April 17-18, 2006; and August 7, 2006. WWC, Golden West and SDTA, Staff and WWC filed briefs on September 6, October 4, October 23 and October 26, 2006, respectively. In its Reply Brief filed October 23, Staff represented that it had been informed by the parties that they had reached a settlement of all issues in the case other than WWC's liability, if any, for Golden West's transiting charges. This representation was confirmed in WWC's Reply Brief Regarding Transiting Issue filed on October 26 and in verbal representations to Commission Counsel. By email stipulation, the parties all agreed that oral argument on the transiting issue would be heard on November 20, 2006. The Commission heard oral arguments from all the parties at its November 20, 2006, Ad Hoc Meeting and took the matter under advisement. The parties subsequently advised the Commission that they were in settlement negotiations. On March 15, 2011, Golden West filed a Stipulation to Dismiss with Prejudice in which the parties agree that all outstanding issues in the case have been resolved and that the Amended Complaint and Amended Counterclaim may be dismissed with prejudice.

     TODAY, shall the Commission approve the Stipulation, dismiss the Amended Complaint and Amended Counterclaim with prejudice and close the docket?

Telecommunications

1.     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; and 3) a determination that NAT must repay Sprint the amounts it inadvertently paid NAT for unauthorized and illegal switched access charges. On March 7, 2011, Native American Telecom LLC, filed a Motion for Protective Order with the Commission.

     TODAY, shall the Commission grant the Motion for Protective Order?

2.     TC10-096     In the Matter of the Complaint Filed by Midcontinent Communications, Knology of the Plains, Inc., and Knology of the Black Hills, LLC, Against MCI Communications Services, Inc. d/b/a Verizon Business Services for Unpaid Access Charges (Staff Analyst:  Bobbi Bourk, Staff Attorney:  Kara Semmler)

On October 27, 2010, the Commission received a complaint from Midcontinent Communications, Knology of the Plains, Inc., and Knology of the Black Hills, LLC (Parties) against MCI Communications Services, Inc. d/b/a Verizon Business Services (Verizon) for unpaid access charges. The Parties allege that Verizon has failed to pay invoices pursuant to state tariffs for the provision of intrastate switched access services. The Parties believe Verizon withheld payment based on its argument the unpaid amounts are linked to IP-originated and IP-terminated traffic and it does not believe these items are subject to switched access tariff charges. The Parties disagree, arguing traffic is undistinguishable and subject to switched access charges. On March 10, 2011, the Commission received a Motion to Withdraw from Knology of the Plains, Inc. and Knology of the Black Hills, LLC.

     TODAY, shall the Commission grant the Motion to Withdraw?

3.     TC11-005     In the Matter of the Application of City of Brookings Municipal Telephone dba Swiftel Communications for an Amended Certificate of Authority (Staff Analyst: Chris Daugaard, Staff Attorney:  Karen Cremer)

On February 10, 2011, the Commission received an application from Swiftel Communications for an Amended Certificate of Authority for local exchange service pursuant to SDCL 49-31-69. Swiftel Communications is requesting an amendment to their Certificate of Authority, based on new telephone service territory resulting from the annexation of land by the City of Brookings. Swiftel Communications is also requesting a waiver of ARSD 20:10:32:03 (1-8); (10-22); and (24). The legal descriptions of Resolutions No. 49-08 (real estate owned by Fishback Family Farms LLC) and No. 73-10 (real estate owned by the City of Brookings) describe the areas to be included in the Amended Certificate of Authority. These areas are undeveloped land and there are no customers being served by either Interstate Telecommunications Cooperative or Swiftel Communications. The land annexed by Resolutions No. 55-08 and No. 59-08 will not be included in the service territory.

     TODAY, shall the Commission approve the revisions to the local exchange service territory?

4.      TC11-006     In the Matter of Qwest Corporation and McLeodUSA Telecommunications Services, LLC dba PAETEC Business Services Request for an Amendment to the Wireline Interconnection Agreement (Staff Attorney:  Kara Semmler)

On February 16, 2011, the Commission received an Amendment to the Wireline Interconnection Agreement between Qwest Corporation and McLeodUSA Telecommunications Services, LLC dba PAETEC Business Services. The parties have amended the agreement by adding terms and conditions related to xDSL Capable Loops. The parties have agreed to implement the provisions of this Amendment the later of February 28, 2011, or upon the Commission approval date.

     TODAY, shall the Commission approve the Amendment to the Wireline Interconnection Agreement?

5.     TC11-007     In the Matter of the Approval of an Amendment to the Type 2 Wireless Interconnection Agreement between Qwest Corporation and Long Lines Wireless, LLC (Staff Attorney: Karen Cremer

On February 17, 2011, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of an Amendment to the Type 2 Wireless Interconnection Agreement between Qwest Corporation and Long Lines Wireless, LLC. The Amendment is made in order to add terms and conditions for Single Point of Presence (SPOP) in the LATA. The Parties have agreed to implement the provision of the Amendment upon execution or upon Commission approval. Any party wishing to comment on the Amendment may do so by filing written comments with the Commission and the Parties to the Amendment no later than March 9, 2011. Parties to the Amendment may file written responses to the comments no later than twenty days after service of the initial comments. 

     TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?

Items for Commission Discussion

Announcements

1.     Commissioners will attend the Center for Public Utilities Current Issues Conference, March 13-16, 2011, in Santa Fe, N.M.

2.     Commissioners and staff will attend the South Dakota/North Dakota Pipeline Safety Operator Training, March 15-17, 2011, at the Hilton Garden Inn, Sioux Falls, S.D.

3.     An ad hoc commission meeting will be held Friday, March 18, 2011, at 9:00 a.m., CDT, in Room 412 at the State Capitol Building, Pierre, S.D.

4.     Commissioners and staff will attend the Black Hills Home Builders Association Home Show, March 25-27, 2011, at the Rushmore Plaza Civic Center, Rapid City, S.D.

5.     Commissioners and staff will meet with representatives of the Organization of MISO States for MISO's Users Guide Training, March 29, 2011, at 9:00 a.m. to 2:00 p.m. CDT and March 30, 2011, at 8:30 a.m. to noon in Room 412 at the State Capitol Building, Pierre, S.D.

6.     An ad hoc commission meeting will be held Wednesday, March 30, 2011, at 1:00 p.m., CDT, in Room 412 at the State Capitol Building, Pierre, S.D.

7.     The next regularly scheduled commission meeting will be held Tuesday, April 5, 2011, at 9:30 a.m., CDT, in Room 413 at the State Capitol Building, Pierre, S.D.

8.     Commissioners and staff will meet with representatives of the Midwest ISO to discuss resource adequacy construct on Tuesday, April 5, 2011, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.

9.     Commissioners and staff will meet with representatives of Montana-Dakota Utilities, Co. to discuss electric resource planning and gas supply and pricing outlook on Wednesday, April 6, 2011, at 10:00 a.m. CDT in Room 413 of the State Capitol Building, Pierre, S.D.

10.     A hearing in docket EL10-011 will be held April 12-14, 2011, beginning at 9:00 a.m. CDT each day, in Room 412 at the State Capitol Building, Pierre, S.D.

11.     Commission meetings are scheduled for April 19 and May 3, 2011.

12.     A hearing in docket TC10-090 will be held May 11-12, 2011, beginning at 9:00 a.m. CDT each day, in Room 413 at the State Capitol Building, Pierre, S.D.

13.     The Public Utilities Commission offices will be closed Monday, May 30, 2011, in observance of Memorial Day.

 

/S/ Patricia Van Gerpen
                                                                  
Patricia Van Gerpen
Executive Director
puc@state.sd.us
March 15, 2011