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Hearing on Orders to Show Cause for Failure to Pay 2012 Gross Receipt Tax
December 17, 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota

MINUTES COMMISSION HEARING

Chairman Gary Hanson called the hearing to order at 9:00 a.m. CST.  Also present were Commissioners: Chris Nelson and 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 and John Smith; Commission Advisor: Greg Rislov; Staff Attorneys: Karen Cremer and Kristen Edwards; Finance Manager: Cindy Kemnitz; Staff Analysts: Eric Paulson, Patrick Steffensen, and Robin Meyerink; and Administrative Assistant: Tina Douglas

Telecommunications

TC13-120     In the Matter of @link Networks, Inc.'s Failure to Timely File Annual Reports, Pay Post-Bankruptcy Petition Gross Receipts Tax, and Maintain in Effect Its Corporate Registration and Sales Tax Permit

TC13-121     In the Matter of Alticomm, Inc.'s Failure to Timely File Annual Reports, Pay Post-Bankruptcy Petition Gross Receipts Tax, and Maintain in Effect Its Corporate Registration and Sales Tax Permit

TC13-122     In the Matter of Broadvox-CLEC, LLC's Failure to Timely Pay the Gross Receipts Tax

TC13-123     In the Matter of Caribbean Telephone & Telegraph's Failure to Timely File Annual Reports, Pay Post-Bankruptcy Petition Gross Receipts Tax, and Maintain in Effect Its Corporate Registration and Sales Tax Permit

TC13-124     In the Matter of Covista, Inc.'s Failure to Timely Pay the Gross Receipts Tax

TC13-125     In the Matter of Go Solo Technologies, Inc.'s Failure to Timely Pay the Gross Receipts Tax

TC13-126     In the Matter of Hawk Relay, LLC's Failure to Timely Pay the Gross Receipts Tax

TC13-127     In the Matter of J D Services, Inc.'s Failure to Timely File Annual Reports, Pay Post-Bankruptcy Petition Gross Receipts Tax, and Maintain in Effect Its Corporate Registration and Sales Tax Permit

TC13-128     In the Matter of Net Talk.Com, Inc.'s Failure to Timely Pay the Gross Receipts Tax

TC13-129     In the Matter of Net-Tel Corporation's Failure to Timely File Annual Reports, Pay Post-Bankruptcy Petition Gross Receipts Tax, and Maintain in Effect Its Corporate Registration and Sales Tax Permit

TC13-130     In the Matter of Parcel Consultants dba Minimum Rate Pricing, Inc.'s Failure to Timely File Annual Reports, Pay Post-Bankruptcy Petition Gross Receipts Tax, and Maintain in Effect Its Corporate Registration and Sales Tax Permit

TC13-131     In the Matter of Pathnet, Inc.'s Failure to Timely File Annual Reports, Pay Post-Bankruptcy Petition Gross Receipts Tax, and Maintain in Effect Its Corporate Registration and Sales Tax Permit

TC13-132     In the Matter of Starlink Communications, LLC's Failure to Timely File Annual Reports, Pay Post-Bankruptcy Petition Gross Receipts Tax, and Maintain in Effect Its Corporate Registration and Sales Tax Permit

TC13-133     In the Matter of Total National Telecommunications, Inc. dba Total World Telecom's Failure to Timely File Annual Reports, Pay Post-Bankruptcy Petition Gross Receipts Tax, and Maintain in Effect Its Corporate Registration and Sales Tax Permit

TC13-134     In the Matter of Univance Telecommunications, Inc.'s Failure to Timely File Annual Reports, Pay Post-Bankruptcy Petition Gross Receipts Tax, and Maintain in Effect Its Corporate Registration and Sales Tax Permit

TC13-135     In the Matter of Yestel USA, Inc.'s Failure to Timely Pay the Gross Receipts Tax

Ms. Kristen Edwards, staff attorney, stated that Staff would consolidate its testimony for purposes of this proceeding. After being sworn, 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 2012. Due to Broadvox-CLEC, Inc., recently paying its gross receipts tax, Ms. Kemnitz recommended that this docket be dismissed and closed. Ms. Kemnitz recommended that the Commission revoke the Certificates of Authority for the companies in Dockets TC13-120, TC13-121, TC13-123, TC13-124, TC13-125, TC13-126, TC13-127, TC13-128, TC13-129, TC13-130, TC13-131, TC13-132, TC13-133, TC13-134, and TC13-135 for failure to pay their gross receipts tax due July 15, 2013.

     Commissioner Fiegen moved that the Commission revoke the Certificates of Authority for the companies named in Dockets TC13-120, TC13-121, TC13-123, TC13-124, TC13-125, TC13-126, TC13-127, TC13-128, TC13-129, TC13-130, TC13-131, TC13-132, TC13-133, TC13-134, and TC13-135 for failure to pay the gross receipts tax due July 15, 2013, pursuant to SDCL 49-1A-3, 49-1A-5, and 49-31-3 and further moved that docket TC13-122 be dismissed and closed. Motion passed 3-0.

There being no further business, at the hour of 9:08 a.m. the South Dakota Public Utilities Commission Hearing adjourned.


/S/Joy Lashley
Joy Lashley
Administrative Assistant
puc@state.sd.us
December 17, 2013