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Hearing on Orders to Show Cause for Failure to Pay CY 2016 Gross Receipt Tax
January 16, 2018, at 1:00 P.M. CST
Matthew Training Center, Foss Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairperson Kristie Fiegen called the hearing to order at 1:00 p.m. CST. Present in the Matthew Training Center, 523 E. Capitol, in Pierre, South Dakota, the location noticed for public attendance and participation, were: Commissioner: Chris Nelson; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Amanda Reiss; Finance Manager: Cindy Kemnitz and Administrative Assistant: Joy Lashley.
Present was:
Kara Semmler, May, Adam, Gerdes & Thompson LLP, representing Telnyx.
Joining the meeting by telephone were:
Commissioner: Gary Hanson and Staff Attorney: Kristen Edwards.
Telecommunications
TC17-070 – In the Matter of CSDVRS LLC’s Failure to Timely Pay the Gross Receipts Tax
TC17-071 – In the Matter of iNetworks Group Inc.’s Failure to Timely Pay the Gross Receipts Tax
TC17-072 – In the Matter of NECC Telecom Inc.’s Failure to Timely Pay the Gross Receipts Tax
TC17-073 – In the Matter of Telnyx’s Failure to Timely Pay the Gross Receipts Tax
TC17-074 – In the Matter of Patriot Mobile LLC's Failure to Timely Pay the Gross Receipts Tax
TC17-075 – In the Matter of Tempo Telecom LLC's Failure to Timely Pay the Gross Receipts Tax
Ms. Kara Semmler, May, Adam, Gerdes & Thompson LLP, representing Telnyx, asked that the Commission grant the request for a continuance as set forth in the Stipulation and Agreement.
In docket TC17-073, Commissioner Nelson move to grant the request for a continuance as set forth in the Stipulation and Agreement. Motion carried 3-0.
Ms. Cindy Kemnitz, Finance Manager, testified that the companies listed in Exhibit 1 have been contacted due to their failure to pay gross receipts tax (GRT) for CY 2016.
Ms. Kristen Edwards moved to admit Exhibit 1. There being no objection, Exhibit 1 was admitted into the record. Ms. Kemnitz recommended that the Commission revoke Business Discount Plan Inc., iNetworks Group Inc. and NECC Telecom Inc.’s Certificate of Authority. Ms. Kemnitz further testified that CSDVRS LLC, Patriot Mobile LLC and Tempo Telecom LLC had recently paid its gross receipts tax and recommended that docket be dismissed and closed.
Commissioner Nelson moved that the Commission revoke the Certificate of Authority in dockets TC17-069, TC17-071, and TC172 for failure to pay the gross receipts tax, pursuant to SDCL 49-1A-3, 49-1A-5, and 49-31-3, dismiss the complaints in dockets TC17-070, TC17-074, and TC17-075. Motion passed 3-0.
There being no further business, at the hour of 1:16 p.m. the South Dakota Public Utilities Commission Hearing adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
January 16, 2018
