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South Dakota Public Utilities Commission Meeting
April 5, 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, April 4, 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
1. Approval of the Minutes of the Commission Meeting and Hearing for NG11-001 Held on March 8, 2011, and the Ad Hoc Commission Meeting Held on March 18, 2011. (Staff: Seanna Regynski)
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
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 June 1, 2010, NAT filed a Motion to Dismiss pursuant to SDCL 15-6-12(b). On June 15, 2010, the Commission granted intervention to SDN, SDTA, Midstate, AT&T, and CCSTUA. On July 27, 2010, NAT filed a Notice of Tribal Court Litigation. On July 29, 2010, NAT filed a Motion to Stay. All the parties and staff have filed briefs pertaining to NAT's Motion to Dismiss and the Motion to Stay.
TODAY, shall the Commission grant NAT's Motion to Dismiss? Shall the Commission grant NAT's Motion to Stay? OR how shall the Commission proceed?
2. TC11-008 In the Matter of the Application of GC Pivotal, LLC for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)
On February 25, 2011, GC Pivotal, LLC (Pivotal) filed an application for a certificate of authority to provide local and long distance telecommunications service in South Dakota. Pivotal is a newly formed operating company that was formed to facilitate the ability of its indirect parent, FFN Investments, LLC (FFN), to acquire the telecommunications assets currently held by Global Capacity Group (GCG) and Global Capacity Direct, LLC (f/k/a Vanco USA Direct, LLC) (GCD) and then operate those assets. FFN is the direct 100% parent of Pivotal Global Capacity, LLC (Pivotal Holdco), which in turn owns 100% of Pivotal. FFN is a management company owned and controlled by a series of trusts formed for the benefit of F. Francis Najafi and his family members. Global Capacity Group, LLC and Vanco Direct USA, LLC are currently certificated by the SDPUC to provide local and long distance service in South Dakota. Pivotal intends to offer resold data circuits by utilizing the facilities of incumbent local exchange carriers and other facilities-based carriers. No voice services will be provided. Pivotal intends to provide interexchange services on a statewide basis, and local exchange services in areas that are not eligible for a small or rural carrier exemption pursuant to Section 251(f)(1) of the Federal Act.
TODAY, shall the Commission grant a Certificate of Authority to GC Pivotal, LLC?
Items for Commission Discussion
1. Commissioners and staff will meet with representatives of the Organization of MISO States for MISO's Users Guide Training, March 29, 2011, from 9:00 a.m. to 2:00 p.m. CDT and March 30, 2011, from 8:30 a.m. to noon in Room 412 at the State Capitol Building, Pierre, S.D.
2. 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.
3. Commissioners and staff will meet with representatives of the Midwest ISO to discuss resource adequacy construct on Tuesday, April 5, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
4. 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, at 10:00 a.m. CDT, in Room 413 of the State Capitol Building, Pierre, S.D.
5. 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.
6. The next regularly scheduled commission meeting will be held Tuesday, April 19, 2011, at 9:30 a.m., CDT, in Room 413 at the State Capitol Building, Pierre, S.D.
7. Commission meetings are scheduled for May 3 and 17, 2011.
8. 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.
9. The Public Utilities Commission offices will be closed Monday, May 30, 2011, in observance of Memorial Day.
10. Commissioners and staff will attend the annual meeting of the Mid-America Regulatory Conference, June 5-8, 2011, at the Ramkota Hotel and Conference Center, Rapid City, S.D.
/S/ Cindy Kemnitz
March 29, 2011