Jurisdiction: Telecommunications

Orders

Case No. PU-09-723: United Telephone/Midcontinent Communications Interconnection Agreement Application. Order on Interconnection Agreement, January 27, 2010

Case No. PU-09-713: First Link 211 Designation Application. Order on Designating 211 Dialing Code User, February 10, 2010.

Case No. PU-09-217: Public Service Commission USF Use Certification 47 CFR 54.314 (2010) Compliance. Order Certifying Use of Federal Universal Services Support, September 29, 2009

Case No. PU-09-175
2009-2010 Telecommunications Relay Surcharge

Case No. PU-09-111: Polar Communciations Mutual Aid Corporation vs. Qwest Corporation & Information Technology Dep. Complaint. Order for Dismissal, November 25, 2009.

Case No. 08-941: On December 16, 2008, Qwest Corporation (Qwest) filed an application for a trade secret protective order under North Dakota Administrative Code Chapter 69-02-09-01 for protection against public disclosure of trade secret information as defined by North Dakota Century Code (NDCC) Section 47-25.1-01(4). January 14, 2009 Order Granting Trade Secret Information (210 kb pdf). January 14, 2009 Order for block of numbers (274 kb pdf).

Case No. PU-08-872: Halstad Telephone Co. - Designated Eligible Carrier Application. March 25, 2009 Order designating eligible carrier.

Case No. PU-08-886: December 17, 2008 Motion (175 kb pdf) allowing VCI Co. to relinquish designation as an ETC.

Case No. PU-08-815: On October 8, 2008, Midcontinent Communications filed a petition for approval of a facilities based interconnection agreement with Consolidated Telcom.  The agreement sets forth rates, terms and conditions under which Consolidated Telcom will provide interconnection with designated facilities to Midcontinent Communications for the Bowman, Dodge, Halliday, Hettinger, Killdeer, Mott, Reeder, Rhame, Richardton, Scranton, and South Heart exchanges. December 3, 2008 Order (223 kb pdf).

Case No. PU-08-578: On July 22, 2008, Midcontinent Communications filed a petition for approval of an interconnection agreement amendment negotiated with North Dakota Telephone Company.  The agreement amendment sets forth terms and conditions under which North Dakota Telephone Company will provide interconnection and wholesale resale of telecommunications services to Midcontinent Communications. December 3, 2008 Order (206 kb pdf).

Case Nos. PU-08-61 and PU-08-176: On November 14, 2007 Midcontinent Communications ("Midcontinent") made a bona fide request for facilities based interconnection agreement, with local number portability (LNP) services for the Williston, North Dakota exchange from Missouri Valley
Communications, Inc. d/b/a Nemont ("Missouri Valley"). October 8, 2008 Findings of Fact, Conclusions of Law and Order (717 kb pdf). Motion to correct order (101 kb pdf).

Cases PU-08-85 and PU-08-213: On February 20, 2008, in Case No. PU-08-85, Polar Communications Mutual Aid Corporation (Polar) of Park River, ND filed an application for certificates of public convenience and necessity to provide facilities-based incumbent local exchange telecommunication services in the Gilby, Lakota, Fordville, Edmore, Adams, and Pembina exchanges in North Dakota. September 24, 2008 Order (546 kb pdf).

Case No. PU-08-650: Universal Service Fund use certification compliance. Order on September 24, 2008 (4.11 MB pdf).

Case No. PU-08-434: On June 30, 2008 Qwest Corporation (Qwest) submitted an application to NeuStar Pooling Administration System (NeuStar), the North Dakota number pooling administrator, for additional numbering resources consisting of a 1,000 number block
out of the Bismarck, North Dakota rate center. August 13, 2008 Order (346 kb pdf).

Case No. PU-08-229: Midcontinent Communications/ United Telephone, Interim Interconnection agreement. June 19, 2008, Notice of Opportunity to Submit written comments (212 kb pdf). July 30 Interconnection Agreement Order (246 kb pdf).

Case No. PU-08-84: Order approving Interconnection Agreement Amendment on April 23, 2008. April 23, 2008 Order (376 kb pdf).

Case No. PU-07-688 and 07-689: On September 25, 2007 Roberts County Telephone Cooperative Association and RC Communications, Inc. (Applicants) filed an Application for Confidential Treatment of Information contained in the 2007 High Cost Universal Service Support Annual Report required by N.D. Admin. Code §§69-09-05-12 and 69-09-05-12.1. March 12, 2008 Order (273 kb pdf).

Case No. PU-07-595: On August 2, 2007, ALLTEL Communications, Inc. (ALLTEL) filed an application to protect trade secret and confidential information in conjunction with its 2007 ETC Annual Report required by N.D. Admin. Code §§69-09-05-12(3) and 69-09-05-12.1. March 12, 2008 Order (277 kb pdf).

Cases PU-07-587 to 07-588; 07-590 to 07-593: On July 30, 2007 Badlands Cellular of North Dakota Limited Partnership, Bismarck MSA Limited Partnership, North Dakota RSA No. 3 Limited Partnership, Northwest Dakota Cellular of North Dakota Limited Partnership, North Dakota 5 — Kidder Limited Partnership, and North Central RSA 2 of North Dakota Limited Partnership (Partnerships) filed applications to protect trade secret and confidential information in conjunction with 2007 ETC Annual Report required by N.D. Admin. Code§§69-09-05-12(4) and 69-09-05-12.1. March 12, 2008 Order (412kb pdf).

Case No. PU-07-244: Section 254(e) of the Telecommunications Act of 1996 (Act) requires telecommunications carriers to use universal service support “only for the provision, maintenance, and upgrading of facilities and services for which support is intended.” On May 23, 2001, the Federal Communications Commission (FCC) released its Fourteenth Report and Order, Twenty-Second Order on Reconsideration, and Further Notice of Proposed Rulemaking in CC Docket No. 96-45, and Report and Order in CC Docket No. 00-256 (Fourteenth R&O). The Fourteenth R&O requires that each state public utility regulatory authority file an annual certification with the FCC to ensure that rural telecommunications carriers receiving federal funds under the program use the support only as provided in Section 254(e) of the Act. State certification must be filed no later than October 1 of each year in order for certified telecommunications carriers to receive support for the following year, 47 C.F.R. § 54.314(d). Case No. PU-07-244 Order (34 kb pdf) Case No. PU-07-244 Amended Order (46 kb pdf).

Case No. PU-07-156: On April 21, 1993, Governor Edward T. Schafer approved House Bill No. 1028 that established a program to provide specialized telecommunications services and equipment to the communications impaired.  The relay services program is funded by an access line surcharge paid by the customers of local exchange companies and radio communications service providers. Case No. PU-07-156 Telecommunications Relay Service Surcharge Publication (10 kb pdf).

Case No. PU-06-530: On December 28, 2006, Midcontinent Communications (Midcontinent) filed a Petition for Arbitration under 47 U.S.C. § 252(b) for facilities-based interconnection with Consolidated Telcom. Case No. PU-06-530 Order on Stipulation (15 kb pdf).

Case No. PU-06-420: On September 18, 2006, SRT Communications, Inc. (SRT) of Minot, ND filed an application for a certificate of public convenience and necessity to provide facilities-based incumbent local exchange telecommunication services in the Velva, North Dakota local exchange area. Case No. PU-06-420 Order Granting Public Convenience and Necessity and Designated Eligible Carrier (29 kb pdf).

Case No. PU-06-419: On September 18, 2006 SRT filed a Petition for Designation as an Eligible Telecommunications Carrier (ETC) for receiving federal universal service support in the Velva, North Dakota local exchange area. Case No. Case No. PU-06-419 Order Granting Public Convenience and Necessity and Designated Eligible Carrier (29 kb pdf).

Case No. PU-06-400: On May 18, 2006, June 20, 2006 and July 13, 2006, Midcontinent Communications (“Midcontinent”) made bona fide requests under 47 U.S.C. § 251(c) for wholesale resold services for the Mott, Killdeer, Halliday, Bowman, Richardton and Rhame, North Dakota exchanges from Consolidated Telecom (“Consolidated”). By its filing on September 8, 2006 Midcontinent notified the Commission of its bona fide
request. Case No. PU-06-400 Notice of Hearing (9 kb pdf) Case No. PU-06-400 Order Approving Stipulation (101 kb pdf).

Case No. PU-06-378: The North Dakota Public Service Commission filed a complaint against Communications Network Billing, Inc. on August 25, 2006. Case No. PU-06-378 Default Order (17 kb pdf) Case No. PU 06-378 Order Revoking Cease and Desist (18 kb pdf).

Case No. PU-06-373: On August 25, 2006, the Commission issued a Cease and Desist Order against Communications Network Billing, Inc. ordering the entity to Cease and Desist all marketing activities involving the unauthorized change of telecommunications service providers within the State of North Dakota. Case No. PU-06-373 Cease and Desist Order (16 kb pdf) Listen to a "slamming" telephone call Part 1 (13.36 MB mp3) Part 2 (1.66 MB mp3) Case No. PU-06-373 Order Revoking Cease and Desist (18 kb pdf).

Case No. PU-06-345: On April 26, 2006 Midcontinent Communications (Midcontinent) made a bona fide request under 47 U.S.C. § 251(c) for facilities-based interconnection, the exchange of traffic, number portability and other customary arrangements (interconnection services) for the Devils Lake, North Dakota exchange from North Dakota Telephone Company (NDTC). By its filing of August 2, 2006 Midcontinent notified the North Dakota Public Service Commission (Commission) of its bona fide request. Midcontinent requested that the Commission conduct an inquiry for the purpose of determining whether to terminate NDTC’s 47 U.S.C. § 251(f)(1)(A) exemption for all NDTC exchanges, and for all services required under 47 U.S.C. § 251(c). Case No. PU-06-345 Order Approving Stipulation (16 kb pdf) Case No. PU-06-345 Stipulation (144 kb pdf).

Case No. PU-06-316: Section 254(e) of the Telecommunications Act of 1996 (Act) requires telecommunications carriers to use universal service support “only for the provision, maintenance, and upgrading of facilities and services for which support is intended.” On May 23, 2001, the Federal Communications Commission (FCC) released its Fourteenth Report and Order, Twenty-Second Order on Reconsideration, and Further Notice of Proposed Rulemaking in CC Docket No. 96-45, and Report and Order in CC Docket No. 00-256 (Fourteenth R&O). The Fourteenth R&O requires that each state public utility regulatory authority file an annual certification with the FCC to ensure that rural telecommunications carriers receiving federal funds under the program use the support only as provided in Section 254(e) of the Act. State certification must be filed no later than October 1 of each year in order for certified telecommunications carriers to receive support for the following year, 47 C.F.R. § 54.314(d). Case No. PU-06-316 Universal Service Certification Order (26 kb pdf).

Case No. PU-06-177: On April 21, 1993, Governor Edward T. Schafer approved House Bill No. 1028 that established a program to provide specialized telecommunications services and equipment to the communications impaired. The relay services program is funded by an access line surcharge paid by the customers of local exchange companies and radio communications service providers. The relay services program is administered by the Information Technology Department of the State of North Dakota. Before June 1 of each year, the Public Service Commission calculates the amount of the surcharge based on cost data and other information provided by the Information Technology Department. The Commission has calculated the 2006-2007 surcharge to be included in bills to customers is $.04 per access line per month. Case No. PU-06-177 Telecommunications Relay Service Surcharge Publication (12 kb pdf).

Case No. PU-06-58: For telecommunications companies that currently have or intend to have an interconnection agreement(s) with Qwest Corporation (Qwest), Qwest offers its Statement of Generally Available Terms and Conditions for terms, conditions, and prices for interconnection, unbundled network elements, ancillary services, and resale services. As part of an interconnection agreement, competitive local exchange companies (CLECs) also have the option of a Performance Assurance Plan (QPAP). The PAP provides for self-executing payments to CLECs if Qwest does not provide interconnection services to the CLEC at parity to the service it provides to its own retail customers, or if Qwest fails to meet certain service benchmarks. Case No. PU-06-58 Order on Performance Assurance Plan Revisions (25 kb pdf). Order on review of Performance Assurance Plan (18 kb pdf).

Case No. PU-05-575: Proposed Administrative Rules Case No. PU-05-575 Proposed Interconnection Agreement Filing Rules (14 kb pdf) Case No. PU-05-575 Proposed Telecommunications Registration Rulemaking (56 kb pdf) Case No. PU-05-575 Motion (11 kb pdf) and Case No. PU-05-575 Order (38 kb pdf) Case No. PU-05-575 Order Submitting Rules to the Attorney General (19 kb pdf) Case No. PU-05-575 Amended Order Submitting Rules to the Attorney General (25 kb pdf) Motion Adopting Rules and Requesting Publication by Legislative Council (7 kb pdf).

Case No. PU-2967-03-666: On November 25, 2003, BEK Communications Cooperative, Consolidated Telecom, Dakota Central Telecommunications Cooperative, Dickey Rural Telephone Cooperative, Griggs County Telephone Company, Inter-Community Telephone Company, LLC, Missouri Valley Communications, Inc., Moore and Liberty Telephone Company, Nemont Telephone Cooperative, Inc., North Dakota Telephone Company, Northwest Communications Cooperative, Polar Communications Mutual Aid Corporation, and Reservation Telephone Cooperative (complainants) filed a complaint alleging that SmartNET, Inc. (respondent) (1) operates as an intrastate long distance telecommunications provider without authority from the Commission in violation of North Dakota law including North Dakota Century Code Chapter 49-21, Chapter 49-02, and Chapter 49-03.1 and lawful regulations and orders of the Commission and (2) operates as an intrastate long distance telecommunications provider without paying the Complainants for access fees for the use of their local switched network facilities in accordance with North Dakota law and prior Commission rules and orders. Case No. PU-2967-03-666 Order (21 kb pdf) Case No. PU-2967-03-666 Findings of Fact, Conclusions of Law and Order (42 kb pdf) Case No. PU-2967-03-666 Order on Reconsideration (16 kb pdf) Case No. PU-2967-03-666 Order on Complainant's Second Petition for Reconsideration (16 kb pdf) Case No. PU-2967-03-666 Order Denying Motion for Continuance (19 kb pdf) Case No. PU-03-666 Supplemental Findings of Fact, Conclusions of Law, and Order (77 kb pdf).

Case No. PU-2342-01-296: The Telecommunications Act of 1996 (Act), Public Law No. 104-104, 101 Stat. 56, 47 U.S.C. sections 151 et. Seq. (1996), was signed into law on February 8, 1996. Section 252(d)(1) of the Act requires state commissions to determine the just and reasonable rate for interconnection of facilities and equipment and network elements, the charges for transport and termination of traffic, and the wholesale prices for telecommunications services for resale. Qwest Corporation (Qwest), 1801 California St, Denver, CO, 80202, petitioned the Commission to open a proceeding to review and approve or determine Qwest’s prices for interconnection, network elements and resale as set forth in Qwest’s Statement of Generally Available Terms (SGAT). On July 11, 2001 the Commission granted Qwest’s petition and opened an investigation. Case No. PU-2342-01-296 Order Approving Settlement Agreement October 8, 2004 (180 kb pdf).

Case No. PU-418-99-490: The Commission currently has several open dockets concerning the intraLATA switched-access rates filed by Incumbent local telephone companies. These access rates were filed under the Commission's order (22 kb pdf) dated July 16, 1999 for the “Stipulation for Dismissal” (28 kb pdf) dated July 14, 1999 (“Stipulation”) in Case No. PU-2096-99-241. Case No. PU-418-99-490 et. al. Order Closing Proceedings, May 16, 2007 (12 kb pdf).

Case No. PU-439-96-149: Order Amending Prior Orders (23 kb pdf) June 8, 2005 The November 5, 1997 and December 29, 2000 orders adopting a North Dakota Lifeline Plan and Link Up Plan for North Dakota are rescinded.

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