TC 11-087 IN THE MATTER OF THE APPLICATION OF NATIVE...

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BEFORE THE SOUTH DAKOTA PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF NATIVE AMERICAN TELECOM, LLC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICE WITHIN THE STUDY AREA OF MIDSTATE COMMUNICATIONS, INC. ) ) ) ) ) TC 11-087 JOINT WITNESS LIST OF INTERVENORS MIDSTATE COMMUNICATIONS, INC. AND SOUTH DAKOTA TELECOMMUNICATIONS ASSOCIATION COME Now Intervenors Midstate Communications, Inc. ("Midstate") and South Dakota Telecommunications Association ("SDTA"), by and through their respective undersigned counsel of record, and in lieu of a List of Witnesses, set forth that statement below. To the extent necessary, Midstate and SDTA also reserve the right to call any other person listed as a witness by any of the other named parties in this matter. In reliance upon that Stipulation by and between Native American Telecom, LLC ("NAT"), Midstate, and SDTA, dated March 26, 2012, Midstate and SDTA have not filed any pre-filed testimony in this matter and do not intend to present witness testimony at the time of the February 24-26, 2014 hearing. Rather, Midstate and SDTA stand upon NAT's representation that it will honor its statement in the March 26, 2012 Stipulation, namely that NAT intends to provide service only within Midstate's Fort Thompson exchange. Should NAT disavow the terms of the March 26, 2012 Stipulation, Midstate and SDTA reserve the right to call witnesses or impeachment witnesses, including those not yet identified but for whom testimony and/or evidence would be admissible under the Administrative Rules of South Dakota and/or the South Dakota Rules of Civil Procedure.

Transcript of TC 11-087 IN THE MATTER OF THE APPLICATION OF NATIVE...

Page 1: TC 11-087 IN THE MATTER OF THE APPLICATION OF NATIVE ...puc.sd.gov/.../2011/TC11-087/midstatewitnesslist.pdf · TC 11-087 JOINT WITNESS LIST OF INTERVENORS MIDSTATE COMMUNICATIONS,

BEFORE THE SOUTH DAKOTA PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF NATIVE AMERICAN TELECOM, LLC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICE WITHIN THE STUDY AREA OF MIDSTATE COMMUNICATIONS, INC.

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TC 11-087

JOINT WITNESS LIST OF INTERVENORS MIDSTATE

COMMUNICATIONS, INC. AND SOUTH DAKOTA

TELECOMMUNICATIONS ASSOCIATION

COME Now Intervenors Midstate Communications, Inc. ("Midstate") and South Dakota

Telecommunications Association ("SDT A"), by and through their respective undersigned

counsel of record, and in lieu of a List of Witnesses, set forth that statement below. To the extent

necessary, Midstate and SDT A also reserve the right to call any other person listed as a witness

by any of the other named parties in this matter.

In reliance upon that Stipulation by and between Native American Telecom, LLC

("NAT"), Midstate, and SDTA, dated March 26, 2012, Midstate and SDTA have not filed any

pre-filed testimony in this matter and do not intend to present witness testimony at the time of

the February 24-26, 2014 hearing. Rather, Midstate and SDTA stand upon NAT's representation

that it will honor its statement in the March 26, 2012 Stipulation, namely that NAT intends to

provide service only within Midstate's Fort Thompson exchange. Should NAT disavow the

terms of the March 26, 2012 Stipulation, Midstate and SDTA reserve the right to call witnesses

or impeachment witnesses, including those not yet identified but for whom testimony and/or

evidence would be admissible under the Administrative Rules of South Dakota and/or the South

Dakota Rules of Civil Procedure.

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Respectfully submitted this 10th day of February, 2014.

Respectfully submitted,

CUTLER & DONAHOE, LLP

Mered it Cutler Donahoe, LLP 100 N. Phillips Ave., 9th Floor Sioux Falls, South Dakota 57104-6725 Telephone: (605) 335-4950 [email protected] Attorneys for Midst ate Communications, Inc.

SOUTH DAKOTA TELECOMMUNICATIONS ASSOC! .• >--~.......,.,,.__

Richard D. Coit, ral Counsel 320 East Capitol Avenue Pierre, SD 57501 Telephone: (605) 224-7629 [email protected] Executive Director and General Counsel SDTA

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing was served electronically on the 10th day of February, 2014, upon the following:

Ms. Patricia Van Gerpen Executive Director South Dakota Public Utilities Commission 500 East Capitol Pierre, SD 57501 Patty. [email protected]. us

Mr. Patrick Steffensen Staff Analyst South Dakota Public Utilities Commission 500 E. Capitol Ave. Pierre, SD 57501 [email protected]. us

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Ms.ICarenCremer Staff Attorney South Dakota Public Utilities Commission 500 East Capitol Pierre, SD 57501 [email protected]. us

Mr. Scott R. Swier Swier Law Firm, Prof. LLC 202 N. Main St. POBox256 Avon, SD 57315 [email protected]

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Mr. JeffHoloubeck President Native American Telecom, LLC 253 Ree Circle Fort Thompson, SD 574339 [email protected]

Mr. Scott G. Knudson Briggs and Morgan, PA. 80 S. Eighth St. 2200 IDS Center Minneapolis, MN 55402 [email protected]

Mr. Tom D. Tobin Tobin Law Offices P.O. Box 730 422 Main Street Winner, SD 57580 [email protected]

Mr. Thomas J. Welk Mr. Jason R. Sutton Boyce Greenfield Pashby & Welk LLP 101 N. Phillips Ave., Ste. 600 Sioux Falls, SD 57117-5015 [email protected] [email protected]

Mr. William Vancamp Olinger, Lovald, McCahren & Reimers, P.C. 117 East Capitol PO Box 66 Pierre, SD 57501-0066 [email protected]

Mr. Phillip Schenkenberg Briggs and Morgan, PA. 80 South Eighth Street 2200 IDS Center Minneapolis, MN 55402 [email protected]

Mr. Jason D. Topp Corporate Counsel Qwest Corporation dba CenturyLink 200 S. Fifth St., Room 2200 Minneapolis, MN 55402 [email protected] Telephone: 612-672-8905

Mer~

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