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South Dakota Public Utilities Commission Hearing

Tuesday, December 20, 2005, at 1:30 P.M.

Public Utilities Commission Office, Cactus Conference Room

Pierre, South Dakota

 

MINUTES OF THE COMMISSION HEARING

 

Chairman Gary Hanson called the meeting to order.  Also present were Vice Chairman Bob Sahr; Commissioner Dustin Johnson; Acting Executive Director Heather Forney; Commission Attorney John Smith; Staff Attorney Karen Cremer; Staff Analyst Harlan Best; and Administrative Secretary Tina Douglas.

 

Telecommunications

 

TC05-199      In the Matter of Mobile Communications Corp. of America's Failure to Submit a Report and Pay the Gross Receipts Tax.

 

TC05-200      In the Matter of New-Cell, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

 

TC05-201      In the Matter of Vitcom Corporation's Failure to Submit a Report and Pay the Gross Receipts Tax.

 

TC05-202      In the Matter of ECI Communications, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

 

TC05-203      In the Matter of ezTel Network Services, LLC's Failure to Submit a Report and Pay the Gross Receipts Tax.

 

TC05-204      In the Matter of Global Communications Consulting Corp.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

 

TC05-205      In the Matter of Miko Telephone Communications, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

 

TC05-206      In the Matter of North American Telephone Network, LLC's Failure to Submit a Report and Pay the Gross Receipts Tax.

 

TC05-207      In the Matter of Optical Telephone Corporation's Failure to Submit a Report and Pay the Gross Receipts Tax.

 

TC05-208      In the Matter of PromiseVision Technology, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

 

TC05-209      In the Matter of Radiant Telecom, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

 

TC05-210      In the Matter of Transcommunications, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

 

TC05-211      In the Matter of Better World Telecom, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

 

TC05-212      In the Matter of D.D.D. Calling, Inc.'s Failure to Pay the Gross Receipts Tax.

 

TC05-213      In the Matter of Dial-Thru, Inc. f/k/a RDST, Inc.'s Failure to Pay the Gross Receipts Tax.

 

TC05-214      In the Matter of R2C Communications, Inc.'s Failure to Pay the Gross Receipts Tax.

 

TC05-215      In the Matter of TeleCents Communications, Inc.'s Failure to Pay the Gross Receipts Tax.

 

TC05-216      In the Matter of Telefyne Incorporated's Failure to Pay the Gross Receipts Tax.

 

TC05-217      In the Matter of Total Call International, Inc.'s Failure to Pay the Gross Receipts Tax.

 

TC05-218      In the Matter of American Technology, Inc.'s Failure to Pay the Gross Receipts Tax.

 

TC05-219      In the Matter of W2COM International, LLC's Failure to Pay the Gross Receipts Tax.

 

Ms. Karen Cremer asked Ms. Heather Forney if in her opinion the Commission should revoke the Certificates of Authority for the above listed companies, which are also listed on attached Exhibit 1.  Ms. Forney stated the companies have been contacted numerous times through the mail.  She also indicated that 3 companies (New-Cell Inc. {TC05-200}, D.D.D. Calling Inc. {TC05-212}, and Total Call International Inc.{TC05-217}) have paid their gross receipt tax, so they are now in compliance.  Also Mobile Communications Corp. of America (TC05-199) is doing business under another name (Arch Wireless) and it has paid its gross receipt tax so no action is necessary.  Ms. Cremer recommended that the Commission revoke Certificates of Authority for Dockets TC05-203, TC05-206, TC05-207, TC05-209, TC05-210, TC05-211, TC05-213, TC05-214, TC05-215, TC05-216, and TC05-219, these companies have been properly notified and should be revoked.  She further recommended that action on Dockets TC05-198, TC05-201, TC05-202, TC05-204, TC05-205, TC05-208, and TC05-218, be deferred until there is further verification that these companies received notice that satisfies legal notice requests.

Chairman Hanson moved to defer Dockets TC05-198, TC05-201, TC05-202, TC05-204, TC05-205, TC05-208, and TC05-218.  Commissioner Johnson seconded and Commissioner Sahr concurred. Motion passed 3-0.

Chairman Hanson moved to revoke Certificates of Authority for the companies named in Dockets TC05-203, TC05-206, TC05-207, TC05-209, TC05-210, TC05-211, TC05-213, TC05-214, TC05-215, TC05-216, TC05-219.  Commissioner Johnson seconded and Commissioner Sahr concurred. Motion passed 3-0.

 

Meeting adjourned.

 

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Tina Douglas

Administrative Secretary