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South Dakota Public Utilities Commission Meeting
Wednesday, November 25, 1998; 10:00 A.M.
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Jim Burg called the meeting to order at 10:00 a.m. Also present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, Deputy Director Sue Cichos, General Counsel Rolayne Ailts Wiest, Commission Advisor Greg Rislov, Staff Attorneys Karen Cremer and Camron Hoseck, Utility Analysts Harlan Best, Bob Knadle, Dave Jacobson, Steve Wegman and Kylie Tracy, Consumer Representative Leni Healy, Engineer Martin Bettmann and Administrative Secretary Shirleen Fugitt.
Also present were Darla Pollman Rogers, CommChoice; Rich Coit, SDITC; Jennifer Stalley, SDREA; and Denny Nincehelser and Otto Doll, Bureau of Information and Telecommunications.
Joining the meeting by phone were Bill Heaston and Barbara Berkenpas, DTG; Mike Bradley and Bruce Hanson, Ft. Randall Telephone; Mary Lohnes and Tom Simmons, Midco Communications; Colleen Sevold, John Devaney, Jim Gallegos and Tom Welk, U S WEST; Mary Tribby, Loren Hiatt, Sara Kilgore and Jerry Campbell, AT&T; Tim Dupic, Golden West; Wendell Aanerud, Teleconsulting; Richard Lipman, McLeod USA; Randy Roos, CommChoice; Greg & Marilyn Bolt, complainants in TC98-192; Ann Thorson and Don Finn, complainants in TC98-200; and Suzanne Hanson and Diane Meland, complainants in TC98-129.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On November 3, 1998. (Staff: Shirleen Fugitt.)
Commissioner Nelson moved to approve the minutes of the November 3, 1998, Commission meeting. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Consumer Affairs
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)
Ms. Healy presented an update on complaints and inquiries received since the last Commission meeting.
Telecommunications
Commissioner Schoenfelder moved to deny AT&T's Motion requesting expedited access to U S WEST's telecommunications facilities for local interconnection. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
AND
Bill Heaston, DTG, requested deferral pending the completion of an interconnection agreement. Mary Tribby, AT&T, requested approval of the tariff. Ms. Cremer and Ms. Wiest recommended deferral. Action was deferred.
Ms. Healy reported that the complainant will pursue damages so the matter should be set for hearing. U S WEST will have 20 days to file an answer.
Ms. Healy reported that a settlement has been reached.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Healy reported that the complainant has requested that this complaint be dismissed.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Suzanne Hanson and Diane Meland explained the complaint against CommChoice for poor service. Randy Roos representing CommChoice addressed the complaint. Action was deferred.
Marilyn Bolt explained her complaint against McLeod USA. Richard Lipman, McLeod USA, noted that all charges are being forgiven.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Healy reported that a settlement has been reached.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Hoseck requested that U S WEST provide the Commission with details of the settlement.
Commissioner Nelson moved to open a docket to study adequacy of substitute service. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Healy reported that Lawrence Klein wishes to have his complaint considered along with the complaints by Sheryl Klein (TC98-183) and Joann Klein (TC98-184).
Chairman Burg moved to find probable cause and to combine this complaint with the complaints in TC98-183 and TC98-184. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Cremer noted that the original order in this matter should be amended to include the rural safeguard language and a waiver to ARSD 20:10:24:02 (8).
Commissioner Schoenfelder moved to amend the order to include the rural safeguard language and a waiver to ARSD 20:10:24:02 (8). Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Tracy requested deferral. Action was deferred.
Chairman Burg moved to deny DTI's petition for ETC designation for the Centerville and Vigorg exchanges. Chairman Burg further moved to find that when designating an additional ETC for an area served by a rural telephone company, the additional ETC must be able to serve the rural company's entire service area. Commissioner Nelson seconded and Commissioner Schoenfelder dissented. Motion passed 2-1.
Dakota Services, Inc. requested withdrawal of the filing; U S WEST did not resist the request. Based upon the request, Mr. Hoseck recommended allowing the withdrawal of the Agreement.
Chairman Burg moved to allow the withdrawal of the Agreement and to close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Jacobson explained the application and recommended approval with restrictions on advance payments, deposits and prepaid calling cards.
Chairman Burg moved to approve the application with restrictions on advance payments, deposits and prepaid calling cards. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Don Finn explained his complaint against AT&T with further explanation from Ann Thorson. Jerry Campbell representing AT&T addressed the complaint.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Addendum
Electricity
Ms. Healy requested deferral. Action was deferred.
Miscellaneous
Kylie Tracy and Martin Bettmann presented an update on the response to the survey.
Telecommunications (continued)
Chairman Burg moved to approve the switched access revenue requirement as depicted in Staff's memorandum. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Commissioner Nelson moved to approve the switched access requirement as depicted in Staff's memorandum. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Chairman Burg moved to approve the switched access revenue requirement as depicted in Staff's memorandum. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Chairman Burg moved to approve the switched access revenue requirement as depicted in Staff's memorandum. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Commissioner Nelson moved to approve the switched access revenue requirement as depicted in Staff's memorandum. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Chairman Burg moved to approve the switched access revenue requirement as depicted in Staff's memorandum. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Tracy explained the application and recommended approval.
Commissioner Schoenfelder moved to approve the application. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Hoseck requested deferral as Staff was waiting for a further filing in this docket from Fibercomm. Action was deferred.
Chairman Burg moved to grant an extension of the waiver of the switched access rules and to require the company to file its cost study by May 1, 1999. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Tracy explained the application and recommended approval with restrictions on advance payments, deposits and prepaid calling cards. Mr. Hoseck noted that the company has removed limitations on liability from the tariff.
Commissioner Schoenfelder moved to approve the application with restrictions on advance payments, deposits and prepaid calling cards. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Hoseck requested deferral. Action was deferred.
Ms. Tracy explained the application and recommended approval with restrictions on advance payments, deposits and prepaid calling cards. Mr. Hoseck noted that the company has removed limitations on liability from the tariff.
Chairman Burg moved to approve the application with restrictions on advance payments, deposits and prepaid calling cards. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Rule Making
Ms Wiest recommended adoption of the rules as revised.
Commissioner Schoenfelder moved to adopt the rules as revised. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
The meeting was adjourned.
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Shirleen Fugitt
Administrative Secretary
