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South Dakota Public Utilities Commission Meeting
March 22, 2011, at 9:30 A.M. CST
Room 414, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Vice Chair Gary Hanson called the meeting to Order. Present were: Commissioner Chris Nelson; Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorneys: Kara Semmler and Karen Cremer; Staff Analysts: Dave Jacobson, Bob Knadle and Bobbi Bourk; and Staff: Deb Gregg and Demaris Axthelm.
Also present were: Brett Koenecke, May, Adam, Gerdes, and Thompson, representing Verizon Business Services; William Van Camp, Olinger, Lovald, McCahren & Reimers Law Office, representing AT&T; and Margo Northrup, Riter, Rogers, Wattier and Northrup, representing Golden West, South Dakota Network LLC, Local Exchange Carrier Association, and South Dakota Telephone Association.
Joining the meeting by telephone were: Chairman Steve Kolbeck; Staff Analyst Chris Daugaard; Talbot Wieczorek, Gunderson, Palmer, Nelson & Ashmore, LLC, representing WWC License LLC; Jim Adkins, Swiftel Communications; Wayne Johnson, Qwest Corporation; and Scott Knudson, Briggs and Morgan, representing Sprint Communications Company, LP.
(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)
1. Approval of the Minutes of the Commission Meeting and Gross Receipts Tax hearing held on February 22, 2011. (Staff: Seanna Regynski)Commissioner Nelson moved to approve the minutes of the February 22, 2011, Commission meeting and Gross Receipts Tax Hearing. Motion passed 3-0.
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)Ms. Deb Gregg, Consumer Affairs, reported that the Commission received a total of 102 contacts since the last report was prepared for the March 8, 2011, Commission meeting.
44 of the contacts involved telecommunication services, 17 of the contacts involved electrical services, 5 contacts involved natural gas service, 5 contacts involved cell phone service, 19 contacts were related to the Do Not Call Registry, 2 contacts were related to Wind Energy and 10 contacts were related to issues not regulated by the PUC.
537 of the 580 complaints received in 2011 have been resolved.
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)
Mr. Talbot Wieczorek, representing WWC License LLC and Ms. Margo Northrup, representing Golden West Telecommunications Cooperative, Inc. both requested the Commission close the docket.
Commissioner Nelson moved to approve the Stipulation, dismiss the Amended Complaint and Amended Counterclaim with prejudice and close the docket. Motion passed 3-0.
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)
Ms. Karen Cremer, Staff Attorney, stated that the parties have resolved the Motion for Protective Order and no further action is required by the Commission.
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)
Ms. Kathy Ford, Davenport, Evans, Hurwitz, & Smith representing Midcontinent Communications, Knology of the Plains, Inc., and Knology of the Black Hills, LLC asked the Commission to approve the Motion to Withdraw for Knology of the Plains, Inc., and Knology of the Black Hills, LLC and stated that Midcontinent Communications would remain the sole complainant against Verizon. Ms. Kara Semmler, Staff Attorney, stated that Staff recommends the Commission grant the Motion to Withdraw.
Commissioner Nelson moved to grant the Motion to Withdraw. Motion passed 3-0.
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)
Mr. Chris Daugaard, Staff Analyst, gave a brief overview of the filing and stated that Staff recommends approval of the amended certificate of authority and to grant the requested waivers of ARSD 20:10:32:03 (1-8); (10-22); and (24).
Commissioner Hanson moved to approve the amended Certificate of Authority, the revisions to the local exchange service territory, and grant the waivers. Motion passed 3-0.
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)
Mr. Wayne Johnson, representing Qwest Corporation asked the Commission to approve the request for an amendment to the Wireline Interconnection Agreement. Ms. Kara Semmler, Staff Attorney, stated that Staff recommends the Commission approve the amendment to the Wireline Interconnection Agreement.
Commissioner Kolbeck moved to approve the Amendment to the Wireline Interconnection Agreement. Motion passed 3-0.
Ms. Karen Cremer, Staff Attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions. No comments were filed. Staff recommended the Commission approve the amendment to the Type 2 Wireless Interconnection Agreement.
Commissioner Nelson moved to approve the Amendment to the Type 2 Wireless Interconnection Agreement. Motion passed 3-0.
There being no further business, at the hour of 9:45 a.m. the South Dakota Public Utilities Commission meeting adjourned. The next Commission meeting is scheduled for April 5, 2011.
/S/ Seanna Regynski
March 22, 2011