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South Dakota Public Utilities Commission Hearing
Tuesday, February 24, 2009 at 9:30 A.M.
Public Utilities Commission Office, Cactus Conference Room
Pierre, South Dakota
MINUTES OF THE COMMISSION HEARING
Chairman Dusty Johnson called the meeting to order. Present were Vice Chairman Steve Kolbeck; Commissioner Gary Hanson; Deputy Executive Director Heather Forney; Commission Attorney John Smith; Staff Attorney Karen Cremer; and Administrative Secretary Demaris Axthelm.
Telecommunications
TC08- 142 - In the Matter of Telecommunications Systems Corporation of Maryland's Failure to Submit a Report and Pay the Gross Receipts Tax.
TC08- 146 - In the Matter of Vanco Direct USA, LLC's Failure to Submit a Report and Pay the Gross Receipts Tax.
TC08- 150 - In the Matter of Yak Communications (America) Inc.'s Failure to Pay the Gross Receipts Tax.
TC08- 152 - In the Matter of Telecom Resources, Inc. d/b/a TRINetwork, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.
Ms. Karen Cremer asked that Dockets TC08-142, TC08-143, TC08-144, TC08-145, TC08-146, TC08-147, TC08-148, TC08-149, TC08-150, TC08-151, TC08-152, and TC08-153 be consolidated for the purposes of this hearing and asked to admit Exhibit 1. Ms. Heather Forney testified that the companies listed in the attached Exhibit 1 have been contacted or attempted to be contacted numerous times via the mail, fax, telephone or E-mail. Ms. Forney recommended that Docket TC08-146, Vanco Direct USA, LLC and Docket TC08-147, Metropolitan Telecommunications of SD, Inc. be dismissed. Ms. Forney also indicated that Trinsic Communications, Inc. Docket TC08-145 and Telecom Resources, Inc. d/b/a TRINetwork TC08-152 are companies that are no longer in business and voluntarily relinquished their Certificate of Authority and she recommended that these companies be dismissed. Ms. Forney further recommended that the Commission revoke Certificates of Authority for the companies in Dockets TC08-142, TC08-144, TC08-148, TC08-149, TC08-150, TC08-151, and TC08-153 for failure to pay the Gross Receipts Tax due in 2008. Ms. Forney recommended that in Docket TC08-143, that Ztar Mobile be fined $500 plus pay the gross receipt tax due with interest.
Chairman Johnson moved to consolidate Dockets TC08-142, TC08-143, TC08-144, TC08-145, TC08-146, TC08-147, TC08-148, TC08-149, TC08-150, TC08-151, TC08-152, and TC08-153 for purposes of this hearing. Motion passed 3-0
Chairman Johnson moved in Docket TC08-143, to fine Ztar Mobile in the amount of $500 plus pay the gross receipt tax in the amount of $250 with accrued interest of 10% per month. Motion passed 3-0.
Commissioner Hanson moved to dismiss Dockets TC08-146 and TC08-147. Motion passed 3-0.
Vice Chairman Kolbeck moved to dismiss Dockets TC08-145 and TC08-152. Motion passed 3-0.
Chairman Johnson moved to revoke the Certificates of Authority for the companies named in Dockets TC08-142, TC08-144, TC08-148, TC08-149, TC08-150, TC08-151 and TC08-153. Motion passed 3-0.
There being no further business, at the hour of 10:05 am the South Dakota Public Utilities Commission Hearing adjourned.
/S/ Demaris Axthelm
Demaris Axthelm
Administrative Secretary
