BEFORE THE SOUTH DAKOTA PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE APPLICATION OF NATIVE AMERICAN ) TELECOM, LLC FOR A CERTIFICATE ) OF AUTHORITY TO PROVIDE LOCAL ) EXCHANGE SERVICE WITHIN THE ) STUDY AREA OF MIDSTATE ) COMMUNICATIONS, INC.

TC 11-087

JOINT MOTION FOR SUSPENSION OF MAY 8, 2013 DEADLINE FOR

FILING OF INTERVENOR TESTIMONY BY MIDSTATE COMMUNICATIONS, INC.

AND SOUTH DAKOTA TELECOMMUNICATIONS

ASSOCIATION

COME Now Midstate Communications, Inc. ("Midstate") and the South Dakota

Telecommunications Association ("SDTA"), by and through their undersigned counsel of record,

and hereby submit this Joint Motion seeking suspension of the May 8, 2013 deadline for

submission oflntervenor pre-filed testimony.

1. On January 2, 2013, this Commission entered an Order Setting Procedural Schedule

in the above-referenced matter. That Order included, among other deadlines, deadlines for the

submission of supplemental written testimony by Native American Telecom ("NAT") and

Intervenors. Those deadlines were set for April 8, 2013 and May 8, 2013, respectively.

2. On March 29, 2013, NAT served its Objections and Responses to Sprint

Communications Company, LP's Second Set of Discovery Requests. In its responses, NAT

stated that it intended to submit a revised Application for Certificate of Authority. See Affidavit

of Philip R. Schenkenberg in support of Sprint Communications Company L.P. 's Motion to

Suspend May 8, 2013 Due Date for Intervenor Testimony at if3, Exhibit B.

3. NAT did not file supplemental written testimony on April 8, 2013. No revised

Application for Certificate of Authority has yet been filed with this Commission.

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4. On March 26, 2012, Midstate filed a Stipulation By and Between NAT, Midstate and

and SDTA. In that Stipulation, NAT confirmed its intention to provide service only within

Midstate's Fort Thompson exchange. Based upon this Stipulation, as well as NAT's

representations in its prior discovery responses and other discussions between the parties,

Midstate and SDTA stated their respective intentions not to object to NAT's request for waiver

of A.R.S.D. § 20:20:32:15. The Stipulation was submitted in lieu of pre-filed testimony on the

issues presented by NAT's initial Application for Certificate of Authority and January 27, 2012

revised Application for Certificate of Authority. To date, neither Midstate nor SDTA have

submitted pre-filed testimony.

5. To the extent that NAT submits a revised Application for Certificate of Authority

and supplemental pre-filed testimony or other pleadings, Midstate and SDTA will require time to

determine whether NAT's revised Application and any other pleadings require re-evaluation of

the parties' Stipulation and/or further action and submission ofresponsive pleadings by Midstate

and SDT A. Accordingly, out of an abundance of caution, Midstate and SDT A request an Order

from this Commission suspending the May 8 filing deadline and permitting them additional time

to respond to any future NAT filings.

Dated this 30th day of April, 2013.

Respectfully submitted,

CUTLER~_f l\1er~. l\1oore Cutler & Donahoe, LLP 100 N. Phillips Ave., 9th Floor Sioux Falls, South Dakota 57104-6725 Telephone: (605) 335-4950 meredithm@cutlerlawfirm.com Attorneys for Midstate Communications, Inc.

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SOUTH DAKOTA TELECOMMUNICATIONS ASSOCIATION

Richard D. Coit, General Counsel 320 East Capitol A venue Pierre, SD 57501 Telephone: (605) 224-7629 richcoit@sdtaonline.com Executive Director and General Counsel SDTA

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing was served electronically on the 30th day of April, 2013, upon the following:

Ms. Patricia Van Gerpen Executive Director South Dakota Public Utilities Commission 500 East Capitol Pierre, SD 57501 Patty. vangerpen@state.sd. us

Mr. Patrick Steffensen Staff Analyst South Dakota Public Utilities Commission 500 E. Capitol Ave. Pierre, SD 57501 patrick.steff ensen@state.sd. us

Mr. Jeff Holoubeck President Native American Telecom, LLC 253 Ree Circle Fort Thompson, SD 574339 jeff@nativeamericantelecom.com

Mr. Scott G. Knudson Briggs and Morgan, PA. 80 S. Eighth St. 2200 IDS Center Minneapolis, MN 55402 sknudson@briggs.com

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Ms. Karen Cremer Staff Attorney South Dakota Public Utilities Commission 500 East Capitol Pierre, SD 57501 Karen.cremer@state.sd.us

Mr. Scott R. Swier Swier Law Firm, Prof. LLC 202 N. Main St. PO Box 256 Avon, SD 57315 scott@swierlaw.com

Mr. William Vancamp Olinger, Lovald, McCahren & Reimers, P.C. 117 East Capitol PO Box 66 Pierre, SD 57501-0066 bvancamp@olingerlaw.net

Mr. Phillip Schenkenberg Briggs and Morgan, PA. 80 South Eighth Street 2200 IDS Center Minneapolis, MN 55402 pschenkenberg@briggs.com

Mr. Tom D. Tobin Tobin Law Offices P.O. Box 730 422 Main Street Winner, SD 57580 tobinlaw@gwtc.net

Mr. Thomas J. Welk Boyce Greenfield Pashby & Welk LLP 101 N. Phillips Ave., Ste. 600 Sioux Falls, SD 57117-5015 tjwelk@bgpw.com Telephone: 605-336-2424

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Mr. Jason D. Topp Corporate Counsel Qwest Corporation dba CenturyLink 200 S. Fifth St., Room 2200 Minneapolis, MN 55402 jason.topp@centurylink.com Telephone: 612-672-8905