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South Dakota Public Utilities Commission Meeting
January 6, 2015, at 8:45 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF COMMISSION HEARING

Vice-Chairman Chris Nelson called the hearing to order at 8:45 a.m. CST.  Present in Room 413 of the State Capitol Building in Pierre, the location noticed for public attendance and participation, were: Commissioner: Kristie Fiegen; Commission Counsel: Rolayne Wiest and John Smith; Commission Advisor: Greg Rislov; Staff Attorney: Kristen Edwards; Staff Analyst: David Henry; and Administrative Assistants: Katlyn Gustafson and Tina Douglas.

Joining the meeting by telephone were:
Chairman: Gary Hanson; and Finance Manager: Cindy Kemnitz.

Telecommunications

TC14-088     In the Matter of Comtech 21, LLC's Failure to Timely Pay the Gross Receipts Tax

TC14-089     In the Matter of Momentum Telecom, Inc.'s Failure to Timely Pay the Gross Receipts Tax

TC14-090     In the Matter of Telecare, Inc.'s Failure to Timely Pay the Gross Receipts Tax

Ms. Cindy Kemnitz, Finance Manager, testified that the companies listed in Amended Exhibit 1 have been contacted due to their failure to pay gross receipts tax (GRT) for CY 2013. Ms. Kemnitz further testified that Momentum Telecom, Inc. had recently paid its gross receipts tax and recommended that docket be dismissed and closed, and that an Order to Show Cause was not sent to Legacy Long Distance International, Inc. (Legacy) because that company paid its GRT late fee penalty prior to the docket being opened or the Order to Show Cause being issued.  Therefore, no docket was opened for Legacy.

Ms. Edwards moved to admit Amended Exhibit 1. There being no objection, Amended Exhibit 1 was admitted into the record.  Ms. Kemnitz recommended the Commission revoke the Certificate of Authority for Telecare, Inc. for failure to pay the gross receipts tax due July 15, 2014.  Ms. Kemnitz further recommended that dockets TC14-088 and TC14-089 be dismissed, as those companies have paid their GRT.

     Commissioner Fiegen moved that the Commission revoke the Certificate of Authority in TC14-090 for failure to pay the gross receipts tax, pursuant to SDCL 49-1A-3, 49-1A-5, and 49-31-3 and that dockets TC14-088 and TC14-089 be dismissed and closed. Motion passed 3-0.

            There being no further business, at the hour of 9:51 a.m. the South Dakota Public Utilities Commission Hearing adjourned

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
January 6, 2015