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Hearing on Orders to Show Cause for Failure to Pay CY 2019 Gross Receipt Tax
January 14, 2021, 3:00 P.M. CST
Matthew Training Center, Foss Building
Pierre, South Dakota

MINUTES OF COMMISSION HEARING

Chairman Chris Nelson called the hearing to order at 3:00 P.M. CST.  Present in Matthew Training Center, in the Foss Building in Pierre, the location noticed for public attendance and participation, were Commission Attorney: Adam de Hueck; Staff Attorney: Kristen Edwards; Finance Manager: Cindy Kemnitz; and Staff: Kaitlyn Baucom.
Joining the meeting by telephone were Commissioners: Gary Hanson and Kristie Fiegen; and Commission Attorney: Karen Cremer.

Telecommunications

TC20-053 - In the Matter of American Telecommunications Systems, Inc.'s Failure to Timely Pay the Gross Receipts Tax

TC20-054 - In the Matter of DataBytes Inc.'s Failure to Timely Pay the Gross Receipts Tax

TC20-055 - In the Matter of Peerless Network of South Dakota, LLC's Failure to Timely Pay the Gross Receipts Tax

TC20-056 - In the Matter of Stream Communications' Failure to Timely Pay the Gross Receipts Tax

TC20-057 - In the Matter of STS Media Inc. dba FreedomPop's Failure to Timely Pay the Gross Receipts Tax

TC20-058 - In the Matter of The Light Phone's Failure to Timely Pay the Gross Receipts Tax

TC20-059 - In the Matter of WaveNation LLC's Failure to Timely Pay the Gross Receipts Tax

           Ms. Cindy Kemnitz, Finance Manager, testified that the companies listed in Exhibit 1 have been contacted due to their failure to timely pay gross receipts tax (GRT) for CY 2019. Ms. Kristen Edwards, Staff Attorney, moved to admit Exhibit 1. There being no objection, Exhibit 1 was admitted into the record. Ms. Cindy Kemnitz recommended the Commission dismiss and close dockets TC20-054, TC20-055, TC20-058 and TC20-059. Staff further recommend the Commission revoke American Telecommunications Systems, Inc.’s Certificate of Authority and order Stream Communications and STS Media Inc. to file the appropriate reports and pay the delinquent gross receipts tax that is due including a 10% penalty for each month of delinquency within 30 days. If payment is not received, Staff recommended this matter shall be turned over to the State’s collection agency.

            Commissioner Hanson moved that the Commission dismiss and close dockets TC20-054, TC20-055, TC20-058 and TC20-059 and revoke the Certificate of Authority of American Telecommunications Systems, Inc. and order Stream Communications and STS Media Inc. to file the appropriate reports and pay the delinquent gross receipts tax that is due including a 10% penalty for each month of delinquency within 30 days. If payment is not received, this matter shall be turned over to the State’s collection agency. Motion carried 3-0.

There being no further business, at the hour of 3:14 P.M. the South Dakota Public Utilities Commission Hearing adjourned.

/s/Macy Jo Murren               .
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
January 14, 2021