To All Telephone Solicitors

RE: RENEWAL OF TELEPHONE SOLICITOR REGISTRATION DUE OCTOBER 1, 2008

SDCL Chapter 49-31 establishes the Do Not Call Registry. Any telephone solicitor who makes unsolicited telephone calls shall institute procedures that comply with the provisions of this chapter for obtaining a list of persons who do not wish to receive unsolicited telephone calls made by or on behalf of the telephone solicitor. No telephone solicitor may make an unsolicited telephone call to any number listed on the register.

Each telephone solicitor who makes unsolicited telephone calls to South Dakota residential telephone subscribers must register with the PUC and pay an annual fee. The annual fee is:

(1) Any company employing 5 or less employees or agents as defined in SDCL 58-30-1: $0.00;

(2) Any company employing 6 to 49 employees or agents as defined in SDCL 58-30-1: $50.00;

(3) Any company employing 50 to 100 employees or agents as defined in SDCL 58-30-1: $100.00;

(4) Any company employing 101 to 249 employees or agents as defined in SDCL 58-30-1: $200.00;

(5) Any company employing 250 to 499 employees or agents as defined in SDCL 58-30-1: $300.00;

(6) Any company employing 500 to 999 employees or agents as defined in SDCL 58-30-1: $400.00;

(7) Any company employing over 1,000 employees or agents as defined in SDCL 58-30-1: $500.00.

The annual fee is valid for one calendar year beginning October 1. The fee must be renewed annually by October 1 of each subsequent year. Your company has not renewed their registration for 2008/2009 at this time. The renewal is due no later than October 1, 2008.

Any person who violates §§ 49-31-99 to 49-31-108, inclusive, or any rules promulgated pursuant to §§ 49-31-99 to 49-39-108, inclusive, is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The commission may impose a civil fine of not more than five thousand dollars for each offense. In determining the amount of the penalty upon finding a violation, or the amount of a compromise settlement, the commission shall consider the appropriateness of the penalty to the size of the business of the person charged, prior offenses and compliance history, and the good faith of the person charged in attempting to achieve compliance. Any telephone solicitation made to a person whose name first appears on the register is not a violation of §§ 49-31-99 to 49-31-108, inclusive, if the solicitation is made within thirty days of the receipt of the register. Any penalty collected pursuant to this section shall be credited to the telephone solicitation account established pursuant to § 49-31-104.

If you have any questions regarding your payment please contact our office. This letter as well as the applicable statutes, rules and forms are also on the Commission's home page: http://www.sddonotcall.com/

Sincerely,

Heather K. Forney

Deputy Executive Director