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South Dakota Public Utilities Commission Hearing
Tuesday, March 9, 2010 at 2:00 P.M.
State Capitol Building, Room 413
Pierre, South Dakota
MINUTES OF THE COMMISSION HEARING
Chairman Dusty Johnson called the hearing to order. Present were Vice Chairman Steve Kolbeck; Commissioner Gary Hanson; Executive Director Patty Van Gerpen; Commission Attorney John Smith; Staff Attorney Karen Cremer; Finance Manger Cindy Kemnitz; Staff Analyst Tim Binder; and Administrative Secretary Anissa Grambihler.
Telecommunications
TC10-005 - In the Matter of Telecare Inc.'s Failure to Pay the Gross Receipts Tax.
TC10-007 - In the Matter of Ztar Mobile Inc.'s Failure to Pay the Gross Receipts Tax.
TC10-010 - In the Matter of VCI Company's Failure to Submit a Report and Pay the Gross Receipts Tax.
TC10-012 - In the Matter of Global Capacity Group Inc.'s Failure to Pay the Gross Receipts Tax.
TC10-013 – In the Matter of Norstan Network Services Inc's Failure to Pay the Gross Receipts Tax
Ms. Karen Cremer, Staff Attorney, stated that Staff would consolidate its testimony in this proceeding. Ms. Cindy Kemnitz testified that Telecare, Inc., (TC10-005); Hawk Relay, LLC, (TC10-008); New Century Telecom, Inc., (TC10-009); Global Capacity Group, Inc., (TC10-012); and Norstan Network Services, Inc. NNSI, (TC10-013) have paid their gross receipts tax, so they are now in compliance and requested that the Commission dismiss and close the dockets. Ms. Kemnitz also recommended that Ztar Mobile Inc. (TC10-007) be dismissed and closed, per the company's letter filed with the Commission on March 4, 2010. Ms. Kemintz recommended that the Commission revoke Certificates of Authority for the companies in Dockets Netlojix Telecom, Inc., (TC10-006); VCI Company dba Vilaire, (TC10-010) and Network US, Inc., (TC10-011) for failure to pay the Gross Receipts Tax due in 2009.
Ms. Cremer moved to enter Exhibit 1. There being no objection, Exhibit 1 was entered into evidence.
Ms. Cremer, Staff Attorney, requested that the Commission revoke the Certificates of Authority in dockets TC10-011, TC10-006 and TC10-010 for failure to pay gross receipts tax due July 15, 2009, pursuant to SDCL 49-1A-3, 49-1A-5 and 49-1-31-3.
Chairman Johnson moved to admit Exhibit 1 as evidence. Motion passed 3-0.
Chairman Johnson moved that the Commission dismiss Dockets TC10-005, TC10-007, TC10-008, TC10-009, TC10-012 and TC10-013 as well as the undocketed items Phone 1 Inc., Reduced Rate Long Distance, LLC and Talk America, Inc. Motion passed 3-0.
Vice Chairman Kolbeck moved that the Commission revoke the Certificates of Authority for the companies named in Dockets TC10-006, TC10-010 and TC10-011 for failure to pay gross receipts tax. Motion passed 3-0.
There being no further business, at the hour of 2:12 pm the South Dakota Public Utilities Commission Hearing adjourned.
/S/ Anissa Grambihler_______
Anissa Grambihler
Administrative Secretary
March 23, 2010
