Public Utilities Com'n Declaratory Ruling (F-3436), Matter of, F-3436

CourtSupreme Court of South Dakota
Writing for the CourtWUEST
Citation364 N.W.2d 124
PartiesIn the Matter of the PUBLIC UTILITIES COMMISSION DECLARATORY RULING ().
Decision Date06 March 1985
Docket NumberF-3436,Nos. 14652,14653 and 14664

Page 124

364 N.W.2d 124
In the Matter of the PUBLIC UTILITIES COMMISSION DECLARATORY
RULING (F-3436).
Nos. 14652, 14653 and 14664.
Supreme Court of South Dakota.
Argued Jan. 9, 1985.
Decided March 6, 1985.

Page 125

Mary L. Vanderpan, Asst. Atty. Gen., Pierre, for appellant Public Utilities Com'n of the State of S.D.; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Gene R. Bushnell of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for appellants Electro-Craft, Inc., Dakota Radio Paging, Pierre Radio Paging,

Page 126

Mitchell Radio Paging, Lake Area Paging, and MT Systems, Inc.

Robert B. Frieberg of Frieberg, Peterson & Travis, Beresford, for appellees cities of Beresford and Brookings, S.D.

Brian B. Meyer of Meyer & Rogers, Onida, for appellee Golden West Telecommunications Co-op., Inc.

WUEST, Acting Justice.

This is an appeal from a decision of the Sixth Circuit Court affirming in part and reversing in part a declaratory ruling issued by the South Dakota Public Utilities Commission (Commission). We affirm in part and reverse in part.

A petition for declaratory ruling by Commission was filed by appellant Electro-Craft, Inc. (Electro-Craft), a radio common carrier which has been authorized since 1966 to provide radio services to the public in the Rapid City area and other areas in western South Dakota. Electro-Craft sought a declaratory ruling by Commission, pursuant to SDCL 1-26-15, as to whether or not appellee Golden West Telecommunications Cooperative, Inc. (Golden West) could legally provide radio-paging services to the public within Electro-Craft's exclusive service territory without obtaining a certificate of public convenience and necessity from Commission. Golden West, a telephone cooperative, began offering paging services to the public in 1982 in Hot Springs and part of Fall River County, South Dakota, without a certificate of public convenience and necessity. This area is within the telephone service authorized by Commission for Golden West, as a telephone company. It is also within the area served with radio-paging services by Electro-Craft, as an authorized radio common carrier by Commission. Golden West proposed to offer radio-paging services within the Rapid City area, which is an area outside of the telephone service area of Golden West. This area is within the telephone service area of the Northwestern Bell Telephone Company (N.W. Bell). The Rapid City area has been served with radio-paging services by Electro-Craft pursuant to radio common carrier authority from Commission.

Golden West has interconnected with its own public switch telephone network in connection with its radio-paging services in the Hot Springs/Fall River County area. In the services contemplated for the Rapid City area, Golden West would be interconnecting with the public switch telephone network of N.W. Bell.

By its declaratory ruling dated December 8, 1983, Commission ruled that Golden West was subject to its regulatory jurisdiction inasmuch as Golden West was going to provide radio-paging services in an area entirely within the exclusive service area of a radio common carrier previously authorized and certified by Commission.

Golden West appealed this ruling to the Sixth Judicial Circuit Court. Because they have municipal telephone systems, the cities of Beresford and Brookings, South Dakota, were allowed by the trial court to intervene. The trial court upheld the exercise of regulatory jurisdiction by Commission over public radio paging. The trial court, however, held that Golden West, as a telephone cooperative, and the cities of...

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3 practice notes
  • Permann v. South Dakota Dept. of Labor, Unemployment Ins. Div., No. 15390
    • United States
    • Supreme Court of South Dakota
    • 21 Abril 1987
    ...397 N.W.2d 470 (S.D.1986); Application of Trade Development Bank, 382 N.W.2d 47 (S.D.1986); Matter of Public Util. Com'n Declar. Ruling, 364 N.W.2d 124 (S.D.1985); Matter of Change of Bed Category of Tieszen, 343 N.W.2d 97 (S.D.1984); Nash Finch Co. v. South Dakota Dept. of Rev., 312 N.W.2d......
  • Application of Trade Development Bank, No. 15014
    • United States
    • South Dakota Supreme Court
    • 19 Febrero 1986
    ...Co. v. South Dakota Department of Revenue, 312 N.W.2d 470, 472 (S.D.1981); In re Public Utilities Commission Declaratory Ruling (F-3436), 364 N.W.2d 124, 126 4 SDCL 51-16-15 provides: The commission shall pass upon every application to organize a bank under the laws of this state, every pla......
  • State v. Byrd, Nos. 15244
    • United States
    • Supreme Court of South Dakota
    • 30 Diciembre 1986
    ...the case is fully reviewable, and no presumption attaches to the determination of the circuit court. Public Utilities Declaratory Ruling, 364 N.W.2d 124, 126 (S.D.1985); Johnson v. Skelly Oil Co., 359 N.W.2d 130 Defendant claims he is not seeking an exemption from prosecution for crimes com......
3 cases
  • Permann v. South Dakota Dept. of Labor, Unemployment Ins. Div., No. 15390
    • United States
    • Supreme Court of South Dakota
    • 21 Abril 1987
    ...397 N.W.2d 470 (S.D.1986); Application of Trade Development Bank, 382 N.W.2d 47 (S.D.1986); Matter of Public Util. Com'n Declar. Ruling, 364 N.W.2d 124 (S.D.1985); Matter of Change of Bed Category of Tieszen, 343 N.W.2d 97 (S.D.1984); Nash Finch Co. v. South Dakota Dept. of Rev., 312 N.W.2d......
  • Application of Trade Development Bank, No. 15014
    • United States
    • South Dakota Supreme Court
    • 19 Febrero 1986
    ...Co. v. South Dakota Department of Revenue, 312 N.W.2d 470, 472 (S.D.1981); In re Public Utilities Commission Declaratory Ruling (F-3436), 364 N.W.2d 124, 126 4 SDCL 51-16-15 provides: The commission shall pass upon every application to organize a bank under the laws of this state, every pla......
  • State v. Byrd, Nos. 15244
    • United States
    • Supreme Court of South Dakota
    • 30 Diciembre 1986
    ...the case is fully reviewable, and no presumption attaches to the determination of the circuit court. Public Utilities Declaratory Ruling, 364 N.W.2d 124, 126 (S.D.1985); Johnson v. Skelly Oil Co., 359 N.W.2d 130 Defendant claims he is not seeking an exemption from prosecution for crimes com......

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