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Hearing on Orders to Show Cause for Failure to Pay CY 2021 Gross Receipt Tax
January 5, 2023, 1:30 P.M. CST
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF COMMISSION HEARING

      Commission Chairman Chris Nelson called the hearing to order at 1:30 P.M. CST. Present in Room 413, in the Capitol 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: Mikayla Frick.

      Joining the meeting by telephone were Commissioners Kristie Fiegen and Gary Hanson; Commission Attorney Karen Cremer.

Telecommunications

TC22-065 - In the Matter of NewPhone Wireless, LLC’s failure to Timely Pay Gross Receipts Tax

TC22-066 - In the Matter of Opex Communications Inc. dba TCI Long Distance’s Failure to Timely Pay Gross Receipts Tax

TC22-067 - In the Matter of Reduced Rate Long Distance, LLC’s Failure to Timely Pay Gross Receipts Tax

TC22-068 - In the Matter of Total Holdings Inc. dba GTC Communications’ Failure to Timely Pay 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 2021. 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 revoke Opex Communications Inc. dba TCI Long Distance, Reduced Rate Long Distance LLC, and Total Holdings Inc. dba GTC Communications’ Certificates of Authority. Staff further recommended the Commission prohibit NewPhone Wireless LLC from being able to do business in the State of South Dakota until all fees and penalties are paid.

      Commissioner Nelson moved that the Commission revoke the Certificates of Authority of Opex Communications Inc. dba TCI Long Distance, Reduced Rate Long Distance LLC, and Total Holdings Inc. dba GTC Communications and assess apenalty for failure to pay the gross receipt tax. If the company does not pay the delinquent Gross Receipts Tax that is due including a 10% penalty for each month of delinquency, the company shall be prohibited from doing business in the State of South Dakota until all fees and penalties are paid in full. As for NewPhone Wireless LLC, if the company does not pay the delinquent Gross Receipts Tax that is due including a 10% penalty for each month of delinquency, the company shall be prohibited from doing business in the State of South Dakota until all fees and penalties are paid in full. Motion carried 3-0.

/s/ Leah Mohr           .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
January 5, 2023