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South Dakota Public Utilities Commission Hearing
Tuesday, February 26, 2008 at 9:30 A.M.
State Capitol Building, Room 413
Pierre, South Dakota

MINUTES OF THE COMMISSION HEARING

Chairman Gary Hanson called the meeting to order.  Present were Vice Chairman Steve Kolbeck; Commissioner Dustin Johnson; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov;  Commission Attorney John Smith; Staff Attorney Karen Cremer; Staff Analyst Harlan Best; and Administrative Secretary Demaris Axthelm.

Telecommunications

TC07-129 - In the Matter of Intandem Communications Corp.'s Failure to Pay the Gross Receipts Tax.

TC07-130 - In the Matter of Touch 1 Communications Inc.'s Failure to Pay the Gross Receipts Tax.

TC07-131 - In the Matter of AmeriVon, LLC's Failure to Submit a Report and Pay the Gross Receipts Tax.

TC07-132 - In the Matter of Network Communications International Corporation's Failure to Submit a Report and Pay the Gross Receipts Tax.

TC07-133 - In the Matter of Preferred Carrier Services, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC07-134 - In the Matter of DelTel, Inc. d/b/a AuctionFON's Failure to Submit a Report and Pay the Gross Receipts Tax.

     Ms. Heather Forney testified that the Commission should revoke the Certificates of Authority for the above companies listed in the first section of attached Exhibit 1.  Ms. Forney stated the companies have been contacted numerous times through the mail.  She also indicated that 3 companies DelTel, Inc. d/b/a Auction FON's. (TC07-134), Intandem Communications Corp. TC07-129, and Network Communications International Corp. (TC07-132), have paid their gross receipts tax, so they are now in compliance.  Ms. Forney recommended that Dockets TC07-129, TC07-132 and TC07-134 be dismissed and closed.  Ms. Forney recommended that the Commission revoke Certificates of Authority for the companies in Dockets TC07-130, TC07-131, and TC07-133 for failure to pay the Gross Receipts Tax for 2007.  The following motions were recommended by Ms. Karen Cremer of staff.

Vice Chairman Kolbeck moved to dismiss Dockets TC07-129 and TC07-132.  Motion passed 3-0.

Commissioner Johnson moved to consolidate Dockets TC07-129, TC07-130, TC07-131, and TC07-133, for purposes of this hearing.  Motion passed 3-0

Commissioner Johnson moved to revoke the Certificates of Authority for the companies named in Dockets TC07-130, TC07-131, TC07-133, and TC07-134.  Motion passed 3-0.
Chairman Hanson moved to admit Exhibit 1 as evidence.  Motion passed 3-0.

There being no further business, at the hour of 9:50 am the South Dakota Public Utilities Commission Hearing adjourned.

_/S/ Demaris Axthelm____
Demaris Axthelm
Administrative Secretary