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South Dakota Public Utilities Commission Meeting
Tuesday, December 28, 1999; 1:30 P.M.
State Capitol Building, Room 412
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Jim Burg called the meeting to order. Present were Commissioner Laska Schoenfelder, Executive Director Bill Bullard, Commission Advisor Greg Rislov, Commission Counsel Rolayne Ailts Wiest, Deputy Executive Director Sue Cichos, Staff Attorneys Karen Cremer and Camron Hoseck, Utility Analysts Harlan Best, Dave Jacobson, Keith Senger, Heather Forney and Michele Farris, and Administrative Secretary Mary Giddings.

Also present were Rich Coit, and Greg Dean, SDITC; Jim Wilcox, NSP; and Dave Gerdes, MCI, Worldcom.

Joining the meeting by phone were Commissioner Pam Nelson; Neil Schmid, FirsTel; Mary Lohnes & Tom Simmons, Midco; Don Lee, Martin & Associates; Bill Heaston & Barb Berkenpas, DTG; Wendi Rosen, RaeAnn Petesch & Eric Baron, Telephone Billing Services; Rogena Harris, OLS; John Coleman, Ft. Randall/Mt. Rushmore Telephone; Steve Clay, InMark (Preferred Billing); Colleen E. Sevold, Tom Welk, Alex Duarte & Wayne Culp, U S West; Laurie Collier, Firstar; Larry Hettinger & Brian Roth, McCook Co-op; and complainants Mrs. Robert Binfet, Sandy Curran, Christa Hansen, Gary and Sandy erfield, Harlan Hammer, Jeanette Hansen, Keith Enstad, Myrna Mork, Glen and Delores Beutow, Rodney Mick, and Jon Skaarhaug.

Administration

1. Approval Of The Minutes Of The Commission Meeting Held On December 14, 1999. (Staff: Mary Giddings.)

Commissioner Schoenfelder moved to approve the minutes of the December Commission meeting. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

Complaint Dockets

2. CT99-068 IN THE MATTER OF THE COMPLAINT FILED BY MRS. ROBERT BINFET, ABERDEEN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Mrs. Robert Binfet explained her complaint against OLS, Inc.

Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

3. CT99-069 IN THE MATTER OF THE COMPLAINT FILED BY SANDY CURRAN, SISSETON, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Sandy Curran explained her complaint against OLS, Inc.

Chairman Burg moved to find probable cause. Seconded by Commissioner Schoenfelder and Commissioner Nelson concurred. Motion passed 3-0.

4. CT99-070 THE MATTER OF THE COMPLAINT FILED BY CHRISTA HANSEN, ABERDEEN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Christa Hansen explained her complaint against OLS, Inc.

Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

5. CT99-071 IN THE MATTER OF THE COMPLAINT FILED BY DONALD D. WYNIA, TYNDALL, SOUTH DAKOTA, AGAINST OPEX COMMUNICATIONS, ALSO DOING BUSINESS AS COGNIGEN REGARDING FAULTY BILLING PRACTICES. (Staff Analyst: Leni Healy. Staff Attorney: Camron Hoseck.)

Mr. Hoseck recommended finding probable cause.

Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

6. CT99-072 IN THE MATTER OF THE COMPLAINT FILED BY SUN GOLD TROPHIES, MITCHELL, SOUTH DAKOTA, AGAINST MIDCO COMMUNICATIONS, INC. D/B/A MIDCONTINENT COMMUNICATIONS, INC. AND MCI WORLDCOM REGARDING POOR SERVICE. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Gary and Sandy erfield, representing Sun Gold Trophies, explained their complaint against Midco Communications, Inc. d/b/a Midcontinent Communications, Inc. and MCI WorldCom. Mr. Dave Gerdes representing MCI, WorldCom, and Tom Simmons, representing Midco, addressed the complaint.

Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion carried 3-0.

7. CT99-073 IN THE MATTER OF THE COMPLAINT FILED BY HARLAN L. HAMMER, SISSETON, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Harlan L. Hammer explained his complaint against OLS, Inc.

Chairman Burg moved to find probable cause. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion carried 3-0.

8. CT99-074 IN THE MATTER OF THE COMPLAINT FILED BY DARRELL FINWALL, ABERDEEN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended finding probable cause.

Chairman Burg moved to find probable cause. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

9. CT99-075 IN THE MATTER OF THE COMPLAINT FILED BY JEANETTE HANSEN, YANKTON, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Jeanette Hansen explained her complaint against OLS, Inc.

Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

10. CT99-076 IN THE MATTER OF THE COMPLAINT FILED BY RICHARD L. DIXON, DESMET, SOUTH DAKOTA, AGAINST TELEPHONE BILLING SERVICES AND RTR CONSULTANTS REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

Mr. Hoseck recommended deferral. Action was deferred.

11. CT99-077 IN THE MATTER OF THE COMPLAINT FILED BY HAZEL MATTESON, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended finding probable cause.

Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

12. CT99-078 IN THE MATTER OF THE COMPLAINT FILED BY RUTH WILCOX, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended finding probable cause.

Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

13. CT99-079 IN THE MATTER OF THE COMPLAINT FILED BY MARY E. BOWEN, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended finding probable cause.

Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

14. CT99-080 IN THE MATTER OF THE COMPLAINT FILED BY KEITH ENSTAD, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Keith Enstad explained his complaint against OLS, Inc.

Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

15. CT99-081 IN THE MATTER OF THE COMPLAINT FILED BY MYRNA MORK, PIERPONT, SOUTH DAKOTA, AGAINST ONE STAR LONG DISTANCE, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Keith Senger. Staff Attorney: Camron Hoseck.)

Myrna Mork explained her complaint against One Star Long Distance, Inc.

Commissioner Schoenfelder moved to find probable cause. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

16. CT99-082 IN THE MATTER OF THE COMPLAINT FILED BY GLENN AND DELORES BEUTOW, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Delores Beutow explained their complaint against OLS, Inc.

Commissioner Schoenfelder moved to find probable cause. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

Chairman Burg moved to require OLS to provide to the Commission a list of all of OLS' current South Dakota subscribers. Motion passed 3-0.

17. CT99-083 IN THE MATTER OF THE COMPLAINT FILED BY RODNEY MICK ON BEHALF OF FARMERS UNION COOP ELEVATOR, KENNEBEC, SOUTH DAKOTA, AGAINST U S REPUBLIC COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Rodney Mick, on behalf of Farmers Union Coop Elevator, explained that the matter had been settled.

Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

18. CT99-084 IN THE MATTER OF THE COMPLAINT FILED BY RODNEY MICK ON BEHALF OF FARMERS UNION COOP ELEVATOR, KENNEBEC, SOUTH DAKOTA, AGAINST PREFERRED BILLING REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Rodney Mick on behalf of Farmers Union Coop Elevator, explained the complaint against Preferred Billing. Steve Clay, representing Preferred Billing, addressed the complaint.

Action was deferred.

Electric

1. EL99-019 IN THE MATTER OF THE ONE-TIME SPECIAL UNDERGROUND ASSESSMENT BY NORTHERN STATES POWER COMPANY IN SIOUX FALLS, SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Jon Skaarhaug, concerned citizen, voiced his concerns. Jim Wilcox, NSP, addressed the issue.

Commissioner Schoenfelder moved to have a hearing. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

Telecommunications

1. TC99-049 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR EAST PLAINS TELECOM, INC. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Don Lee, Martin & Associates, addressed the issue.

Chairman Burg moved to approve staff's recommended revenue requirement. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

2. TC99-050 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR VIVIAN TELEPHONE COMPANY D.B.A GOLDEN WEST COMMUNICATIONS, INC. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Don Lee, Martin & Associates, addressed the issue.

Commissioner Schoenfelder moved to approve staff's recommended revenue requirement. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

3. TC99-053 IN THE MATTER OF THE FILING BY U S WESTCOMMUNICATIONS, INC. FOR APPROVAL OF TARIFF PAGES FOR ITS ACCESS SERVICE TARIFF IMPLEMENTING ITS INTRALATA TOLL DIALING PARITY PLAN. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Alex Duarte, U S WEST, addressed the issue. Staff had no objections to approving the new tariff.

Commissioner Schoenfelder moved to approve the revised tariff pages. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

4. TC99-054 IN THE MATTER OF THE FILING BY FORT RANDALL TELEPHONE COMPANY AND MOUNT RUSHMORE TELEPHONE COMPANY TO ESTABLISH SWITCHED ACCESS RATES. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Commissioner Schoenfelder had questions concerning the cost study. Action was deferred.

5. TC99-058 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR INTERSTATE TELECOMMUNICATIONS COOPERATIVE, INC. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Chairman Burg moved to approve the proposed revenue requirement. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

6. TC99-063 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR SPLITROCK TELECOM COOPERATIVE, INC. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Don Lee, Martin & Associates addressed the issue.

Commissioner Nelson moved to approve staff's recommended revenue requirement. Commissioner Schoenfelder seconded and Chairman concurred. Motion passed 3-0.

7. TC99-064 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR MIDSTATE TELEPHONE COMPANY AND HEARTLAND COMMUNICATIONS, INC. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Don Lee, Martin & Associates addressed the issue.

Commissioner Schoenfelder moved to approve staff's recommended revenue requirement. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

8. TC99-065 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR VALLEY TELECOMMUNICATIONS COOPERATIVE ASSOCIATION AND VALLEY CABLE & SATELLITE COMMUNICATIONS. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Chairman Burg moved to approve staff's recommended revenue requirement. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

9. TC99-066 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR SULLY ES TELEPHONE COOPERATIVE, INC. AND VENTURE COMMUNICATIONS, INC. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Commissioner Nelson moved to approve staff's recommended revenue requirement. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

10. TC99-067 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR THE LOCAL EXCHANGE CARRIERS ASSOCIATION. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Action was deferred.

11. TC99-068 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR STATELINE TELECOMMUNICATIONS, INC. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Mr. Rislov recommended that the amount actually spent on processing the docket be used, not the budgeted amount.

Commissioner Schoenfelder moved to allow amount recommended by staff except that the actual cost-to-date to process the docket be used instead of the projected amount. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

12. TC99-069 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR BROOKINGS MUNICIPAL TELEPHONE COMPANY. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Questions were asked regarding plant in service. Action was deferred.

13. TC99-070 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR MCCOOK COOPERATIVE TELEPHONE COMPANY. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Questions were asked regarding plant in service. Action was deferred.

14. TC99-071 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR SANBORN TELEPHONE COOPERATIVE AND SANCOM, INC. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Questions were asked regarding plant in service. Action was deferred.

15. TC99-072 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR GOLDEN WEST TELECOMMUNICATIONS COOPERATIVE, INC. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Chairman Burg moved to approve staff's recommended revenue requirement. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

16. TC99-073 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR U S WEST COMMUNICATIONS, INC. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Ms. Wiest recommended closing the docket.

Commissioner Nelson moved to close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

17. TC99-074 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR CHEYENNE RIVER SIOUX TRIBE TELEPHONE AUTHORITY. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Questions were raised regarding plant in service. Action was deferred.

18. TC99-075 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR MOBRIDGE TELECOMMUNICATIONS COMPANY. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Chairman Burg moved to approve staff's recommended revenue requirement. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

19. TC99-078 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR TRI-COUNTY TELCOM, INC. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Commissioner Nelson moved to approve staff's recommended revenue requirement. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

20. TC99-079 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR ROBERTS COUNTY TELEPHONE COOPERATIVE ASSOCIATION AND RC COMMUNICATIONS, INC. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Chairman Burg moved to approve staff's recommended revenue requirement. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

21. TC99-080 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR SIOUX VALLEY TELEPHONE COMPANY. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Commissioner Nelson moved to approve staff's recommended revenue requirement. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

22. TC99-081 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR DTG COMMUNITY TELEPHONE. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Commissioner Schoenfelder moved to approve staff's recommended revenue requirement. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

23. TC99-084 IN THE MATTER OF THE APPLICATION OF OZARK TELECOM, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Ms. Farris recommended approval with the waiver of ARSD20:10:24:02(8) and subject to the conditions that the company not offer prepaid calling cards or require deposits or advance payments.

Commissioner Schoenfelder moved to grant a Certificate of Authority to Ozark Telecom, Inc. with Staff's recommendations noted above. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

24. TC99-108 IN THE MATTER OF THE APPLICATION OF NETLOJIX TELECOM, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Ms. Farris recommended approval with the waiver of ARSD20:10:24:02(8) and subject to the conditions that the company not offer prepaid calling cards or require deposits or advance payments.

Chairman Burg moved to grant a Certificate of Authority to NetLojix, Inc. with Staff's recommendations noted above. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

25. TC99-109 IN THE MATTER OF THE FILING FOR APPROVAL OF AN INTERCONNECTION AGREEMENT BETWEEN U S WEST COMMUNICATIONS, INC. AND NEW EDGE NETWORK, INC. DBA NEW EDGE NETWORKS. (Staff Attorney: Camron Hoseck.)

Mr. Hoseck recommended approval.

Commissioner Nelson moved to approve the interconnection agreement. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

26. TC99-113 IN THE MATTER OF THE PETITIONOFMCLEODUSATELECOMMUNICATIONS SERVICES, INC. FOR A DECLARATORY RULING ON WHETHER THE DISCONTINUANCE OF THE RETAIL SALE OF VOICE MESSAGING SERVICE BY U S WEST COMMUNICATIONS, INC. TO MCLEODUSA VIOLATES SDCL 49-31-11. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

Bill Heaston, McLeodUSA, addressed the issue. U S WEST and McLeod agreed to file a stipulation of facts by January 12, 2000, and then brief the issues. Ms. Wiest recommended approval of U S WEST's Petition to Intervene.

Chairman Burg moved to approve U S WEST's Petition to Intervene. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

The meeting was adjourned.

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Mary R. Giddings
Administrative Secretary