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Hearing on Orders to Show Cause for Failure to Pay 2011 Gross Receipt Tax
March 12, 2012, 1:00 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION HEARING

Vice-Chairman Chris Nelson called the hearing to order at 1:00 p.m. CDT. Also present telephonically were: Chairman: Gary Hanson; Commissioner: Kristie Fiegen. Present in Room 413 of the State Capitol Building in Pierre, the location noticed for public attendance and participation, were: Commission Counsel: Rolayne Wiest; Staff Attorneys: Karen Cremer and Kristen Edwards; Finance Manager: Cindy Kemnitz; Staff Analysts: Darren Kearney, David Henry, and Jason Simmons; and Administrative Assistant: Sherry Dickerson

Also present were:
Bob Mercer, Reporter

Joining the meeting by telephone were:
Amanda Boyd, 321 Communications, Inc.; and Samuel Hawk, Hawk Relay, LLC..

Telecommunications

     TC13-011     In the Matter of 321 Communications Inc.'s Failure to Timely Pay the Gross Receipts Tax

     TC13-012     In the Matter of Hawk Relay, LLC's Failure to Timely Pay the Gross Receipts Tax

     TC13-013     In the Matter of Main Street Telephone Company's Failure to Timely Pay the Gross Receipts Tax

     TC13-014     In the Matter of Momentum Telecom, Inc.'s Failure to Timely Pay the Gross Receipts Tax

     TC13-015     In the Matter of Pac-West Telecom Inc.'s Failure to Timely Pay the Gross Receipts Tax

     TC13-016     In the Matter of Pulse Telecom LLC's Failure to Timely Pay the Gross Receipts Tax

Ms. Cindy Kemnitz, Finance Manager, testified that the companies listed in Exhibit 1 have been contacted numerous times due to their failure to pay gross receipts tax for CY 2011. Ms. Kemnitz further testified that Momentum Telecom, Inc. had recently paid its gross receipts tax and recommended that docket be dismissed and closed. Ms. Amanda Boyd, representing 321 Communications, Inc., stated that it had submitted payment of its gross receipts tax and that payment should be received shortly. Mr. Samuel Hawk, representing Hawk Relay, LLC., stated that it would be submitting payment of its gross receipts tax within a week.

Ms. Kemnitz recommended the Commission revoke the Certificates of Authority for the companies in Dockets TC13-013, TC13-015, and TC13-016 for failure to pay the gross receipts tax due July 16, 2012. Ms. Cremer moved to admit Exhibit 1. There being no objection, Exhibit 1 was admitted into the record.

     Vice-Chairman Nelson moved that TC12-014 be dismissed and closed. Motion passed 3-0.

     Vice-Chairman Nelson moved that the Commission revoke the Certificates of Authority for the companies named in Dockets TC13-013, TC13-015, and TC13-016 for failure to pay the gross receipts tax, pursuant to SDCL 49-1A-3, 49-1A-5, and 49-31-3.  Motion passed 3-0.

     Vice-Chairman Nelson moved that the Commission dismiss the complaints in Dockets TC13-011 and TC13-012 provided the companies makepayment in full and that good standing be achieved with the Secretary of State within one week. If these conditions are not met, their Certificates of Authority shall be revoked. Motion passed 3-0.

There being no further business, at the hour of 1:25 p.m. the South Dakota Public Utilities Commission Hearing adjourned.  

/S/Joy Irving
Joy Irving
Administrative Assistant
puc@state.sd.us
March 12, 2013