Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-17 Thread Mark Williams
USF is only valid on connections that start and end in different states.

The litmus test is 'intra-state' vs 'inter-state'. Some snippets in a
discussion between myself and one of my consulting clients when they were
presented with the USF fees you mention (IANAL!):

(http://www.usac.org/cont/about/who-must-contribute/default.aspx) is very
informative.

To quote the site (highlighting is ours):

The term telecommunications refers to the transmission, between or among
points specified by the user, of information of the user's choosing,
without change in the form or content of the information as sent and
received. For the purpose of filing, the term interstate
telecommunications includes, but is not limited to, the following types of
services:

...
private line;
...

I took a look at our notes from the FCC Report and Order 97-157 p14 and
section 2(b) of the Communications Act that outlines (again bolding ours):

nothing in this Act shall be construed to apply or to give the Commission
jurisdiction with respect to . . . charges, classifications, practices,
services, facilities, or regulations for or in connection with intrastate
communication service by wire or radio of any carrier.

The FCC specifically states in its website to explain USF in simple terms (
http://www.fcc.gov/guides/universal-service-support-mechanisms)

...when a company chooses to recover its USF contributions directly from
its customers by billing them this charge. The FCC does not require this
charge to be passed on to customers.


 The reaction from this customer's ISP was great and we saved THE ISP
(reselling Comcast fiber) a great deal of monies.

Just keep asking the same question over and over: Is this 'intra-state' or
'inter-state' service? Once they call The USAC and ask then USAC person
will more or less hit them with a clue-by-four and tell them that they
cannot charge USF for intra-state!

ryan
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Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-16 Thread ralph
We did this, and won.

Still trying to get credit for what was paid before we squeaked.

 

From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Kristian Hoffmann
Sent: Tuesday, April 15, 2014 9:06 PM
To: WISPA General List
Subject: Re: [WISPA] CAF-USF-StateTax for WISPs

 

The key for Comcast is to make sure your contract says intra-state and not
inter-state for the tax jurisdiction.  They don't collect USF on intra-state
circuits, only local city/county/state taxes as applicable.  If your
contract says inter-state (and it isn't inter-state), you can harass your
sales rep into getting a change order done.  If it's intra-state and they
still collect USF, then make the appropriate stink with your sales rep.

-Kristian

On 04/15/2014 03:44 PM, Matt Hoppes wrote:

Oh really?  Comcast wants to charge me 16% USF on a point to point to carry
Internet traffic. 

Sent from my iPad


On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz fai...@snappytelecom.net
mailto:fai...@snappytelecom.net  wrote:

hmmm.. not quite accurate...

 

Internet Freedom Act was updated to allow for taxes not to apply to
internet access as well as communication circuits carrying internet access.

 

Regards.

 

Faisal Imtiaz
Snappy Internet  Telecom
7266 SW 48 Street
Miami, FL 33155
Tel: 305 663 5518 x 232

 

Help-desk: (305)663-5518 Option 2 or Email: supp...@snappytelecom.net
mailto:supp...@snappytelecom.net  

 


  _  


From: Matt Hoppes mhop...@indigowireless.com
mailto:mhop...@indigowireless.com 
To: WISPA General List wireless@wispa.org mailto:wireless@wispa.org 
Sent: Tuesday, April 15, 2014 6:12:00 PM
Subject: Re: [WISPA] CAF-USF-StateTax for  WISPs

 

I believe the reason you are being taxed is because this is a transport and
not an internet circuit. 

 

As far as I know the internet freedom act only applies to Internet access. 

 

Sent from my iPad


On Apr 15, 2014, at 5:19 PM, Tom DeReggi wirelessn...@rapiddsl.net
mailto:wirelessn...@rapiddsl.net  wrote:

 

Guys,

 

I've been out of the loop for a couple years, regarding current status of
CAF/USF/Tax requirements for WISPs.  I was surprised when I recieved my
first bill from my new upstream fiber provider.

(they are a dark fiber provider, recently expanded to also offer metro
ethernet IP) 

Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber. I am
just buying a Point-to-Point Fiber Transport data link.

So I consider this a wholesale component or infrastructure component, not an
End User Internet circuit. 

 

In the past, my Fiber providers never charged me any Taxes or USF.  

I was under the impression that as a WISP (Im not a CLEC) providing
Broadband only services, I didnt need to collect or pay into USF, CAF, or
State Taxes. And further, my Upstream should be exempt from having to pay
and/or collect such fees from me.  If so, I need to provide legal
documentation to support my claim to my upstream.

 

THe new fiber provider is trying to charge me

The Federal USF stated was about 16.5% of monthly fiber cost.

The VA Communication Tax was about 6% of monthly fiber cost.

The Property Tax / Franchise/Row Recovery Fees 0.08% of monthly fiber cost.

 

First, I thought it was federal law that Broadband can not be taxed by the
State.

Second, the USF amount stated was 16.5%, but in the past, when USF was
applicable it was  always only around 6%.

 

Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber. I am
just buying a Point-to-Point Fiber Transport data link.

So I consider this a wholesale component or infrastructure component, not an
End User Internet circuit. 

 

So questions are

 

1) Am I exempt as a WISP.

2) Is there a standard government form I can provide to my uptream, to
document my exemption (similar to use tax resell certificate)

3) Is CAF in effect now (Broadband providers paying into USF) and if so,
what is the current % rate?

4) Does it matter how my upstream classifies themselves versus how I
classify myself? (for example, if they've obtained CLEC status or not, or im
not a CLEC).

5) Does it matter how I use the circuit?  

6) Any specific FCC code to point to, that specifies this clearly?

 

Figured Id ask, before I go searching through regulation code.

 

Tom DeReggi
RapidDSL  Wireless, Inc
301-515-7774

IntAirNet- Fixed Wireless Broadband

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Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-16 Thread Matt Hoppes
So you got the USF tax removed from your Comcast transport circuit?


Matt Hoppes
Director of Information Technology
Indigo Wireless
+1 (570) 723-7312

On 4/16/14, 12:30 PM, ralph wrote:
 We did this, and won.
 
 Still trying to get credit for what was paid before we squeaked.
 
  
 
 *From:*wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
 *On Behalf Of *Kristian Hoffmann
 *Sent:* Tuesday, April 15, 2014 9:06 PM
 *To:* WISPA General List
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
  
 
 The key for Comcast is to make sure your contract says intra-state and
 not inter-state for the tax jurisdiction.  They don't collect USF on
 intra-state circuits, only local city/county/state taxes as applicable. 
 If your contract says inter-state (and it isn't inter-state), you can
 harass your sales rep into getting a change order done.  If it's
 intra-state and they still collect USF, then make the appropriate stink
 with your sales rep.
 
 -Kristian
 
 On 04/15/2014 03:44 PM, Matt Hoppes wrote:
 
 Oh really?  Comcast wants to charge me 16% USF on a point to point
 to carry Internet traffic. 
 
 Sent from my iPad
 
 
 On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz fai...@snappytelecom.net
 mailto:fai...@snappytelecom.net wrote:
 
 hmmm.. not quite accurate...
 
  
 
 Internet Freedom Act was updated to allow for taxes not to
 apply to internet access as well as communication circuits
 carrying internet access.
 
  
 
 Regards.
 
  
 
 Faisal Imtiaz
 Snappy Internet  Telecom
 7266 SW 48 Street
 Miami, FL 33155
 Tel: 305 663 5518 x 232
 
  
 
 Help-desk: (305)663-5518 Option 2 or Email:
 supp...@snappytelecom.net mailto:supp...@snappytelecom.net
 
  
 
 
 
 
 *From: *Matt Hoppes mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
 *To: *WISPA General List wireless@wispa.org
 mailto:wireless@wispa.org
 *Sent: *Tuesday, April 15, 2014 6:12:00 PM
 *Subject: *Re: [WISPA] CAF-USF-StateTax for  WISPs
 
  
 
 I believe the reason you are being taxed is because this is
 a transport and not an internet circuit. 
 
  
 
 As far as I know the internet freedom act only applies to
 Internet access. 
 
  
 
 Sent from my iPad
 
 
 On Apr 15, 2014, at 5:19 PM, Tom DeReggi
 wirelessn...@rapiddsl.net
 mailto:wirelessn...@rapiddsl.net wrote:
 
  
 
 Guys,
 
  
 
 I've been out of the loop for a couple years, regarding
 current status of CAF/USF/Tax requirements for
 WISPs.  I was surprised when I recieved my first bill
 from my new upstream fiber provider.
 
 (they are a dark fiber provider, recently expanded to
 also offer metro ethernet IP)
 
 Note: I do NOT buy IP Transit from this provider, nor
 Last mile Fiber. I am just buying a Point-to-Point Fiber
 Transport data link.
 
 So I consider this a wholesale component or
 infrastructure component, not an End User Internet circuit.
 
  
 
 In the past, my Fiber providers never charged me any
 Taxes or USF.  
 
 I was under the impression that as a WISP (Im not a
 CLEC) providing Broadband only services, I didnt need to
 collect or pay into USF, CAF, or State Taxes. And
 further, my Upstream should be exempt from having to pay
 and/or collect such fees from me.  If so, I need to
 provide legal documentation to support my claim to my
 upstream.
 
  
 
 THe new fiber provider is trying to charge me
 
 The Federal USF stated was about 16.5% of monthly fiber
 cost.
 
 The VA Communication Tax was about 6% of monthly fiber cost.
 
 The Property Tax / Franchise/Row Recovery Fees 0.08% of
 monthly fiber cost.
 
  
 
 First, I thought it was federal law that Broadband can
 not be taxed by the State.
 
 Second, the USF amount stated was 16.5%, but in the
 past, when USF was applicable it was  always only around 6%.
 
  
 
 Note: I do NOT buy IP Transit from this provider, nor
 Last mile Fiber. I am just buying a Point-to-Point Fiber
 Transport data link.
 
 So I consider

Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-16 Thread Matt Hoppes
That's what I meant... interesting.  Good to know!  Can you reference
the paperwork ID number you had to request?


Matt Hoppes
Director of Information Technology
Indigo Wireless
+1 (570) 723-7312

On 4/16/14, 1:28 PM, ralphli...@bsrg.org wrote:
 From our Metro Ethernet network
 
 
 *From:* Matt Hoppes [mailto:mhop...@indigowireless.com]
 *To:* WISPA General List [mailto:wireless@wispa.org]
 *Sent:* Wed, 16 Apr 2014 12:41:22 -0400
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
 So you got the USF tax removed from your Comcast transport circuit?
 
 
 Matt Hoppes
 Director of Information Technology
 Indigo Wireless
 +1 (570) 723-7312[Call: +1 (570) 723-7312] #
 
 On 4/16/14, 12:30 PM, ralph wrote:
  We did this, and won.
 
  Still trying to get credit for what was paid before we squeaked.
 
 
 
  *From:*wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
 [mailto:wireless-boun...@wispa.org mailto:wireless-boun...@wispa.org]
  *On Behalf Of *Kristian Hoffmann
  *Sent:* Tuesday, April 15, 2014 9:06 PM
  *To:* WISPA General List
  *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
 
 
  The key for Comcast is to make sure your contract says intra-state and
  not inter-state for the tax jurisdiction. They don't collect USF on
  intra-state circuits, only local city/county/state taxes as
 applicable.
  If your contract says inter-state (and it isn't inter-state), you can
  harass your sales rep into getting a change order done. If it's
  intra-state and they still collect USF, then make the appropriate
 stink
  with your sales rep.
 
  -Kristian
 
  On 04/15/2014 03:44 PM, Matt Hoppes wrote:
 
  Oh really? Comcast wants to charge me 16% USF on a point to point
  to carry Internet traffic.
 
  Sent from my iPad
 
 
  On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz
 fai...@snappytelecom.net mailto:fai...@snappytelecom.net
  mailto:fai...@snappytelecom.net
 mailto:fai...@snappytelecom.net wrote:
 
  hmmm.. not quite accurate...
 
 
 
  Internet Freedom Act was updated to allow for taxes not to
  apply to internet access as well as communication circuits
  carrying internet access.
 
 
 
  Regards.
 
 
 
  Faisal Imtiaz
  Snappy Internet  Telecom
  7266 SW 48 Street
  Miami, FL 33155
  Tel: 305 663 5518 x 232
 
 
 
  Help-desk: (305)663-5518[Call: (305)663-5518] # Option 2 or Email:
  supp...@snappytelecom.net mailto:supp...@snappytelecom.net
 mailto:supp...@snappytelecom.net mailto:supp...@snappytelecom.net
 
 
 
 
 
 
  *From: *Matt Hoppes mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
  mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
  *To: *WISPA General List wireless@wispa.org
 mailto:wireless@wispa.org
  mailto:wireless@wispa.org mailto:wireless@wispa.org
  *Sent: *Tuesday, April 15, 2014 6:12:00 PM
  *Subject: *Re: [WISPA] CAF-USF-StateTax for WISPs
 
 
 
  I believe the reason you are being taxed is because this is
  a transport and not an internet circuit.
 
 
 
  As far as I know the internet freedom act only applies to
  Internet access.
 
 
 
  Sent from my iPad
 
 
  On Apr 15, 2014, at 5:19 PM, Tom DeReggi
  wirelessn...@rapiddsl.net mailto:wirelessn...@rapiddsl.net
  mailto:wirelessn...@rapiddsl.net
 mailto:wirelessn...@rapiddsl.net wrote:
 
 
 
  Guys,
 
 
 
  I've been out of the loop for a couple years, regarding
  current status of CAF/USF/Tax requirements for
  WISPs. I was surprised when I recieved my first bill
  from my new upstream fiber provider.
 
  (they are a dark fiber provider, recently expanded to
  also offer metro ethernet IP)
 
  Note: I do NOT buy IP Transit from this provider, nor
  Last mile Fiber. I am just buying a Point-to-Point Fiber
  Transport data link.
 
  So I consider this a wholesale component or
  infrastructure component, not an End User Internet circuit.
 
 
 
  In the past, my Fiber providers never charged me any
  Taxes or USF.
 
  I was under the impression that as a WISP (Im not a
  CLEC) providing Broadband only services, I didnt need to
  collect or pay into USF, CAF, or State Taxes. And
  further, my Upstream should be exempt from having to pay
  and/or collect such fees from me. If so, I need to
  provide legal documentation to support my claim to my
  upstream.
 
 
 
  THe new

Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-16 Thread ralphlists

From our Metro Ethernet network
  _  

  From: Matt Hoppes [mailto:mhop...@indigowireless.com]
To: WISPA General List [mailto:wireless@wispa.org]
Sent: Wed, 16 Apr 2014 12:41:22 -0400
Subject: Re: [WISPA] CAF-USF-StateTax for WISPs

So you got the USF tax removed from your Comcast transport circuit?


Matt Hoppes
Director of Information Technology
Indigo Wireless
+1 (570) 723-7312

On 4/16/14, 12:30 PM, ralph wrote:
 We did this, and won.
 
 Still trying to get credit for what was paid before we squeaked.
 
 
 
 *From:*wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
 *On Behalf Of *Kristian Hoffmann
 *Sent:* Tuesday, April 15, 2014 9:06 PM
 *To:* WISPA General List
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
 
 
 The key for Comcast is to make sure your contract says intra-state and
 not inter-state for the tax jurisdiction. They don't collect USF on
 intra-state circuits, only local city/county/state taxes as applicable. 
 If your contract says inter-state (and it isn't inter-state), you can
 harass your sales rep into getting a change order done. If it's
 intra-state and they still collect USF, then make the appropriate stink
 with your sales rep.
 
 -Kristian
 
 On 04/15/2014 03:44 PM, Matt Hoppes wrote:
 
 Oh really? Comcast wants to charge me 16% USF on a point to point
 to carry Internet traffic. 
 
 Sent from my iPad
 
 
 On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz fai...@snappytelecom.net
 mailto:fai...@snappytelecom.net wrote:
 
 hmmm.. not quite accurate...
 
 
 
 Internet Freedom Act was updated to allow for taxes not to
 apply to internet access as well as communication circuits
 carrying internet access.
 
 
 
 Regards.
 
 
 
 Faisal Imtiaz
 Snappy Internet  Telecom
 7266 SW 48 Street
 Miami, FL 33155
 Tel: 305 663 5518 x 232
 
 
 
 Help-desk: (305)663-5518 Option 2 or Email:
 supp...@snappytelecom.net mailto:supp...@snappytelecom.net
 
 
 
 
 
 *From: *Matt Hoppes mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
 *To: *WISPA General List wireless@wispa.org
 mailto:wireless@wispa.org
 *Sent: *Tuesday, April 15, 2014 6:12:00 PM
 *Subject: *Re: [WISPA] CAF-USF-StateTax for WISPs
 
 
 
 I believe the reason you are being taxed is because this is
 a transport and not an internet circuit. 
 
 
 
 As far as I know the internet freedom act only applies to
 Internet access. 
 
 
 
 Sent from my iPad
 
 
 On Apr 15, 2014, at 5:19 PM, Tom DeReggi
 wirelessn...@rapiddsl.net
 mailto:wirelessn...@rapiddsl.net wrote:
 
 
 
 Guys,
 
 
 
 I've been out of the loop for a couple years, regarding
 current status of CAF/USF/Tax requirements for
 WISPs. I was surprised when I recieved my first bill
 from my new upstream fiber provider.
 
 (they are a dark fiber provider, recently expanded to
 also offer metro ethernet IP)
 
 Note: I do NOT buy IP Transit from this provider, nor
 Last mile Fiber. I am just buying a Point-to-Point Fiber
 Transport data link.
 
 So I consider this a wholesale component or
 infrastructure component, not an End User Internet circuit.
 
 
 
 In the past, my Fiber providers never charged me any
 Taxes or USF. 
 
 I was under the impression that as a WISP (Im not a
 CLEC) providing Broadband only services, I didnt need to
 collect or pay into USF, CAF, or State Taxes. And
 further, my Upstream should be exempt from having to pay
 and/or collect such fees from me. If so, I need to
 provide legal documentation to support my claim to my
 upstream.
 
 
 
 THe new fiber provider is trying to charge me
 
 The Federal USF stated was about 16.5% of monthly fiber
 cost.
 
 The VA Communication Tax was about 6% of monthly fiber cost.
 
 The Property Tax / Franchise/Row Recovery Fees 0.08% of
 monthly fiber cost.
 
 
 
 First, I thought it was federal law that Broadband can
 not be taxed by the State.
 
 Second, the USF amount stated was 16.5%, but in the
 past, when USF was applicable it was always only around 6%.
 
 
 
 Note: I do NOT buy IP Transit from this provider, nor
 Last mile Fiber. I am just buying a Point-to-Point Fiber
 Transport data link.
 
 So I consider this a wholesale component or
 infrastructure component, not an End User Internet circuit.
 
 
 
 So questions are
 
 
 
 1) Am I exempt as a WISP.
 
 2) Is there a standard government form I can provide to
 my uptream, to document my exemption (similar to use tax
 resell certificate)
 
 3) Is CAF in effect now (Broadband providers paying into
 USF) and if so, what is the current % rate?
 
 4) Does it matter how my upstream classifies themselves
 versus how I classify myself? (for example, if they've
 obtained CLEC status or not, or im not a CLEC).
 
 5) Does it matter how I use the circuit? 
 
 6) Any specific FCC code to point to, that specifies
 this clearly?
 
 
 
 Figured Id ask, before I go searching through regulation
 code.
 
 
 
 Tom DeReggi
 RapidDSL  Wireless, Inc
 301-515-7774
 
 IntAirNet

Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-16 Thread ralphlists
There was none. We just kept refusing to pay it and explained it several times. 
They finally removed it.  
Having a good relationship with your A.E. helps a lot I guess.  
I lot of it was just making them understand that, since they had all the 
addresses of the drops, it was NOT interstate.  
   
I used to fight this with the phone company as well several years ago in 
another life.
  _  

  From: Matt Hoppes [mailto:mhop...@indigowireless.com]
To: WISPA General List [mailto:wireless@wispa.org]
Sent: Wed, 16 Apr 2014 13:33:19 -0400
Subject: Re: [WISPA] CAF-USF-StateTax for WISPs

That's what I meant... interesting. Good to know! Can you reference
the paperwork ID number you had to request?


Matt Hoppes
Director of Information Technology
Indigo Wireless
+1 (570) 723-7312

On 4/16/14, 1:28 PM, ralphli...@bsrg.org wrote:
 From our Metro Ethernet network
 
 
 *From:* Matt Hoppes [mailto:mhop...@indigowireless.com]
 *To:* WISPA General List [mailto:wireless@wispa.org]
 *Sent:* Wed, 16 Apr 2014 12:41:22 -0400
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
 So you got the USF tax removed from your Comcast transport circuit?
 
 
 Matt Hoppes
 Director of Information Technology
 Indigo Wireless
 +1 (570) 723-7312[Call: +1 (570) 723-7312] #
 
 On 4/16/14, 12:30 PM, ralph wrote:
  We did this, and won.
 
  Still trying to get credit for what was paid before we squeaked.
 
 
 
  *From:*wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
 [mailto:wireless-boun...@wispa.org mailto:wireless-boun...@wispa.org]
  *On Behalf Of *Kristian Hoffmann
  *Sent:* Tuesday, April 15, 2014 9:06 PM
  *To:* WISPA General List
  *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
 
 
  The key for Comcast is to make sure your contract says intra-state and
  not inter-state for the tax jurisdiction. They don't collect USF on
  intra-state circuits, only local city/county/state taxes as
 applicable.
  If your contract says inter-state (and it isn't inter-state), you can
  harass your sales rep into getting a change order done. If it's
  intra-state and they still collect USF, then make the appropriate
 stink
  with your sales rep.
 
  -Kristian
 
  On 04/15/2014 03:44 PM, Matt Hoppes wrote:
 
  Oh really? Comcast wants to charge me 16% USF on a point to point
  to carry Internet traffic.
 
  Sent from my iPad
 
 
  On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz
 fai...@snappytelecom.net mailto:fai...@snappytelecom.net
  mailto:fai...@snappytelecom.net
 mailto:fai...@snappytelecom.net wrote:
 
  hmmm.. not quite accurate...
 
 
 
  Internet Freedom Act was updated to allow for taxes not to
  apply to internet access as well as communication circuits
  carrying internet access.
 
 
 
  Regards.
 
 
 
  Faisal Imtiaz
  Snappy Internet  Telecom
  7266 SW 48 Street
  Miami, FL 33155
  Tel: 305 663 5518 x 232
 
 
 
  Help-desk: (305)663-5518[Call: (305)663-5518] # Option 2 or Email:
  supp...@snappytelecom.net mailto:supp...@snappytelecom.net
 mailto:supp...@snappytelecom.net mailto:supp...@snappytelecom.net
 
 
 
 
 
 
  *From: *Matt Hoppes mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
  mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
  *To: *WISPA General List wireless@wispa.org
 mailto:wireless@wispa.org
  mailto:wireless@wispa.org mailto:wireless@wispa.org
  *Sent: *Tuesday, April 15, 2014 6:12:00 PM
  *Subject: *Re: [WISPA] CAF-USF-StateTax for WISPs
 
 
 
  I believe the reason you are being taxed is because this is
  a transport and not an internet circuit.
 
 
 
  As far as I know the internet freedom act only applies to
  Internet access.
 
 
 
  Sent from my iPad
 
 
  On Apr 15, 2014, at 5:19 PM, Tom DeReggi
  wirelessn...@rapiddsl.net mailto:wirelessn...@rapiddsl.net
  mailto:wirelessn...@rapiddsl.net
 mailto:wirelessn...@rapiddsl.net wrote:
 
 
 
  Guys,
 
 
 
  I've been out of the loop for a couple years, regarding
  current status of CAF/USF/Tax requirements for
  WISPs. I was surprised when I recieved my first bill
  from my new upstream fiber provider.
 
  (they are a dark fiber provider, recently expanded to
  also offer metro ethernet IP)
 
  Note: I do NOT buy IP Transit from this provider, nor
  Last mile Fiber. I am just buying a Point-to-Point Fiber
  Transport data link.
 
  So I consider this a wholesale component or
  infrastructure component, not an End User Internet circuit.
 
 
 
  In the past, my Fiber providers never charged me any
  Taxes or USF.
 
  I was under the impression that as a WISP (Im not a
  CLEC) providing Broadband only services, I didnt need to
  collect or pay into USF, CAF, or State Taxes. And
  further, my Upstream should be exempt from having to pay
  and/or collect such fees from me. If so, I need to
  provide legal documentation to support my claim to my
  upstream.
 
 
 
  THe new

Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-16 Thread Matt Hoppes
OK... but why is there no USF on an INTRAstate circuit but there is on
an INTERstate?


Matt Hoppes
Director of Information Technology
Indigo Wireless
+1 (570) 723-7312

On 4/16/14, 2:22 PM, ralphli...@bsrg.org wrote:
 There was none. We just kept refusing to pay it and explained it several
 times. They finally removed it.
 Having a good relationship with your A.E. helps a lot I guess.
 I lot of it was just making them understand that, since they had all the
 addresses of the drops, it was NOT interstate.
  
 I used to fight this with the phone company as well several years ago in
 another life.
 
 
 *From:* Matt Hoppes [mailto:mhop...@indigowireless.com]
 *To:* WISPA General List [mailto:wireless@wispa.org]
 *Sent:* Wed, 16 Apr 2014 13:33:19 -0400
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
 That's what I meant... interesting. Good to know! Can you reference
 the paperwork ID number you had to request?
 
 
 Matt Hoppes
 Director of Information Technology
 Indigo Wireless
 +1 (570) 723-7312[Call: +1 (570) 723-7312] #
 
 On 4/16/14, 1:28 PM, ralphli...@bsrg.org
 mailto:ralphli...@bsrg.org wrote:
  From our Metro Ethernet network
 
 
 
  *From:* Matt Hoppes [mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com]
  *To:* WISPA General List [mailto:wireless@wispa.org
 mailto:wireless@wispa.org]
  *Sent:* Wed, 16 Apr 2014 12:41:22 -0400
  *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
  So you got the USF tax removed from your Comcast transport circuit?
 
 
  Matt Hoppes
  Director of Information Technology
  Indigo Wireless
  +1 (570) 723-7312[Call: +1 (570) 723-7312[Call: +1 (570) 723-7312]
 #] #
 
  On 4/16/14, 12:30 PM, ralph wrote:
   We did this, and won.
  
   Still trying to get credit for what was paid before we squeaked.
  
  
  
   *From:*wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
  [mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org mailto:wireless-boun...@wispa.org]
   *On Behalf Of *Kristian Hoffmann
   *Sent:* Tuesday, April 15, 2014 9:06 PM
   *To:* WISPA General List
   *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
  
  
  
   The key for Comcast is to make sure your contract says
 intra-state and
   not inter-state for the tax jurisdiction. They don't collect USF on
   intra-state circuits, only local city/county/state taxes as
  applicable.
   If your contract says inter-state (and it isn't inter-state),
 you can
   harass your sales rep into getting a change order done. If it's
   intra-state and they still collect USF, then make the appropriate
  stink
   with your sales rep.
  
   -Kristian
  
   On 04/15/2014 03:44 PM, Matt Hoppes wrote:
  
   Oh really? Comcast wants to charge me 16% USF on a point to point
   to carry Internet traffic.
  
   Sent from my iPad
  
  
   On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz
  fai...@snappytelecom.net mailto:fai...@snappytelecom.net
 mailto:fai...@snappytelecom.net mailto:fai...@snappytelecom.net
   mailto:fai...@snappytelecom.net mailto:fai...@snappytelecom.net
  mailto:fai...@snappytelecom.net
 mailto:fai...@snappytelecom.net wrote:
  
   hmmm.. not quite accurate...
  
  
  
   Internet Freedom Act was updated to allow for taxes not to
   apply to internet access as well as communication circuits
   carrying internet access.
  
  
  
   Regards.
  
  
  
   Faisal Imtiaz
   Snappy Internet  Telecom
   7266 SW 48 Street
   Miami, FL 33155
   Tel: 305 663 5518 x 232
  
  
  
   Help-desk: (305)663-5518[Call: (305)663-5518[Call:
 (305)663-5518] #] # Option 2 or Email:
   supp...@snappytelecom.net mailto:supp...@snappytelecom.net
 mailto:supp...@snappytelecom.net mailto:supp...@snappytelecom.net
  mailto:supp...@snappytelecom.net
 mailto:supp...@snappytelecom.net mailto:supp...@snappytelecom.net
 mailto:supp...@snappytelecom.net
  
  
  
  
 
 
  
   *From: *Matt Hoppes mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
  mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
   mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
  mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
   *To: *WISPA

Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-16 Thread James Howard
http://www.fcc.gov/encyclopedia/universal-service

Do a search on interstate.  USF does not apply to INTRASTATE communications.


From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On Behalf 
Of Matt Hoppes
Sent: Wednesday, April 16, 2014 1:33 PM
To: WISPA General List
Subject: Re: [WISPA] CAF-USF-StateTax for WISPs

OK... but why is there no USF on an INTRAstate circuit but there is on
an INTERstate?


Matt Hoppes
Director of Information Technology
Indigo Wireless
+1 (570) 723-7312

On 4/16/14, 2:22 PM, ralphli...@bsrg.orgmailto:ralphli...@bsrg.org wrote:
 There was none. We just kept refusing to pay it and explained it several
 times. They finally removed it.
 Having a good relationship with your A.E. helps a lot I guess.
 I lot of it was just making them understand that, since they had all the
 addresses of the drops, it was NOT interstate.

 I used to fight this with the phone company as well several years ago in
 another life.

 
 *From:* Matt Hoppes [mailto:mhop...@indigowireless.com]
 *To:* WISPA General List [mailto:wireless@wispa.org]
 *Sent:* Wed, 16 Apr 2014 13:33:19 -0400
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs

 That's what I meant... interesting. Good to know! Can you reference
 the paperwork ID number you had to request?


 Matt Hoppes
 Director of Information Technology
 Indigo Wireless
 +1 (570) 723-7312[Call: +1 (570) 723-7312] #

 On 4/16/14, 1:28 PM, ralphli...@bsrg.orgmailto:ralphli...@bsrg.org
 mailto:ralphli...@bsrg.orgmailto:ralphli...@bsrg.org%3e wrote:
  From our Metro Ethernet network
 
 
 
  *From:* Matt Hoppes [mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.commailto:mhop...@indigowireless.com%3e]
  *To:* WISPA General List [mailto:wireless@wispa.org
 mailto:wireless@wispa.orgmailto:wireless@wispa.org%3e]
  *Sent:* Wed, 16 Apr 2014 12:41:22 -0400
  *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
  So you got the USF tax removed from your Comcast transport circuit?
 
 
  Matt Hoppes
  Director of Information Technology
  Indigo Wireless
  +1 (570) 723-7312[Call: +1 (570) 723-7312[Call: +1 (570) 723-7312]
 #] #
 
  On 4/16/14, 12:30 PM, ralph wrote:
   We did this, and won.
  
   Still trying to get credit for what was paid before we squeaked.
  
  
  
   *From:*wireless-boun...@wispa.orgmailto:From:*wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.orgmailto:wireless-boun...@wispa.org%3e
  mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.orgmailto:wireless-boun...@wispa.org%3e%3e
  [mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.orgmailto:wireless-boun...@wispa.org%3e
 mailto:wireless-boun...@wispa.org 
 mailto:wireless-boun...@wispa.orgmailto:wireless-boun...@wispa.org%3e%3e]
   *On Behalf Of *Kristian Hoffmann
   *Sent:* Tuesday, April 15, 2014 9:06 PM
   *To:* WISPA General List
   *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
  
  
  
   The key for Comcast is to make sure your contract says
 intra-state and
   not inter-state for the tax jurisdiction. They don't collect USF on
   intra-state circuits, only local city/county/state taxes as
  applicable.
   If your contract says inter-state (and it isn't inter-state),
 you can
   harass your sales rep into getting a change order done. If it's
   intra-state and they still collect USF, then make the appropriate
  stink
   with your sales rep.
  
   -Kristian
  
   On 04/15/2014 03:44 PM, Matt Hoppes wrote:
  
   Oh really? Comcast wants to charge me 16% USF on a point to point
   to carry Internet traffic.
  
   Sent from my iPad
  
  
   On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz
  fai...@snappytelecom.netmailto:fai...@snappytelecom.net 
  mailto:fai...@snappytelecom.netmailto:fai...@snappytelecom.net%3e
 mailto:fai...@snappytelecom.net 
 mailto:fai...@snappytelecom.netmailto:fai...@snappytelecom.net%3e%3e
   mailto:fai...@snappytelecom.net 
   mailto:fai...@snappytelecom.netmailto:fai...@snappytelecom.net%3e
  mailto:fai...@snappytelecom.net
 mailto:fai...@snappytelecom.netmailto:fai...@snappytelecom.net%3e%3e%3e%3e
  wrote:
  
   hmmm.. not quite accurate...
  
  
  
   Internet Freedom Act was updated to allow for taxes not to
   apply to internet access as well as communication circuits
   carrying internet access.
  
  
  
   Regards.
  
  
  
   Faisal Imtiaz
   Snappy Internet  Telecom
   7266 SW 48 Street
   Miami, FL 33155
   Tel: 305 663 5518 x 232
  
  
  
   Help-desk: (305)663-5518[Call: (305)663-5518[Call:
 (305)663-5518] #] # Option 2 or Email:
   supp...@snappytelecom.netmailto:supp...@snappytelecom.net 
   mailto:supp...@snappytelecom.netmailto:supp...@snappytelecom.net%3e
 mailto:supp...@snappytelecom.net 
 mailto:supp...@snappytelecom.netmailto:supp...@snappytelecom.net%3e%3e
  mailto:supp...@snappytelecom.net
 mailto:supp...@snappytelecom.netmailto:supp

Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-16 Thread ralphlists

Don't know.  
The word interstate was in the description of the charge.
  _  

  From: Matt Hoppes [mailto:mhop...@indigowireless.com]
To: WISPA General List [mailto:wireless@wispa.org]
Sent: Wed, 16 Apr 2014 14:32:45 -0400
Subject: Re: [WISPA] CAF-USF-StateTax for WISPs

OK... but why is there no USF on an INTRAstate circuit but there is on
an INTERstate?


Matt Hoppes
Director of Information Technology
Indigo Wireless
+1 (570) 723-7312

On 4/16/14, 2:22 PM, ralphli...@bsrg.org wrote:
 There was none. We just kept refusing to pay it and explained it several
 times. They finally removed it.
 Having a good relationship with your A.E. helps a lot I guess.
 I lot of it was just making them understand that, since they had all the
 addresses of the drops, it was NOT interstate.
 
 I used to fight this with the phone company as well several years ago in
 another life.
 
 
 *From:* Matt Hoppes [mailto:mhop...@indigowireless.com]
 *To:* WISPA General List [mailto:wireless@wispa.org]
 *Sent:* Wed, 16 Apr 2014 13:33:19 -0400
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
 That's what I meant... interesting. Good to know! Can you reference
 the paperwork ID number you had to request?
 
 
 Matt Hoppes
 Director of Information Technology
 Indigo Wireless
 +1 (570) 723-7312[Call: +1 (570) 723-7312] #
 
 On 4/16/14, 1:28 PM, ralphli...@bsrg.org
 mailto:ralphli...@bsrg.org wrote:
  From our Metro Ethernet network
 
 
 
  *From:* Matt Hoppes [mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com]
  *To:* WISPA General List [mailto:wireless@wispa.org
 mailto:wireless@wispa.org]
  *Sent:* Wed, 16 Apr 2014 12:41:22 -0400
  *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
  So you got the USF tax removed from your Comcast transport circuit?
 
 
  Matt Hoppes
  Director of Information Technology
  Indigo Wireless
  +1 (570) 723-7312[Call: +1 (570) 723-7312[Call: +1 (570) 723-7312]
 #] #
 
  On 4/16/14, 12:30 PM, ralph wrote:
   We did this, and won.
  
   Still trying to get credit for what was paid before we squeaked.
  
  
  
   *From:*wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
  [mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org mailto:wireless-boun...@wispa.org]
   *On Behalf Of *Kristian Hoffmann
   *Sent:* Tuesday, April 15, 2014 9:06 PM
   *To:* WISPA General List
   *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
  
  
  
   The key for Comcast is to make sure your contract says
 intra-state and
   not inter-state for the tax jurisdiction. They don't collect USF on
   intra-state circuits, only local city/county/state taxes as
  applicable.
   If your contract says inter-state (and it isn't inter-state),
 you can
   harass your sales rep into getting a change order done. If it's
   intra-state and they still collect USF, then make the appropriate
  stink
   with your sales rep.
  
   -Kristian
  
   On 04/15/2014 03:44 PM, Matt Hoppes wrote:
  
   Oh really? Comcast wants to charge me 16% USF on a point to point
   to carry Internet traffic.
  
   Sent from my iPad
  
  
   On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz
  fai...@snappytelecom.net mailto:fai...@snappytelecom.net
 mailto:fai...@snappytelecom.net mailto:fai...@snappytelecom.net
   mailto:fai...@snappytelecom.net mailto:fai...@snappytelecom.net
  mailto:fai...@snappytelecom.net
 mailto:fai...@snappytelecom.net wrote:
  
   hmmm.. not quite accurate...
  
  
  
   Internet Freedom Act was updated to allow for taxes not to
   apply to internet access as well as communication circuits
   carrying internet access.
  
  
  
   Regards.
  
  
  
   Faisal Imtiaz
   Snappy Internet  Telecom
   7266 SW 48 Street
   Miami, FL 33155
   Tel: 305 663 5518 x 232
  
  
  
   Help-desk: (305)663-5518[Call: (305)663-5518[Call:
 (305)663-5518] #] # Option 2 or Email:
   supp...@snappytelecom.net mailto:supp...@snappytelecom.net
 mailto:supp...@snappytelecom.net mailto:supp...@snappytelecom.net
  mailto:supp...@snappytelecom.net
 mailto:supp...@snappytelecom.net mailto:supp...@snappytelecom.net
 mailto:supp...@snappytelecom.net
  
  
  
  
 
 
  
   *From: *Matt Hoppes mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
  mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
   mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
  mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
   *To: *WISPA General List wireless@wispa.org
 mailto:wireless@wispa.org
  mailto:wireless@wispa.org mailto:wireless@wispa.org
   mailto:wireless@wispa.org mailto:wireless@wispa.org
 mailto:wireless@wispa.org mailto:wireless@wispa.org
   *Sent

Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-16 Thread Matt Hoppes
Interstate access charge, maybe?


Matt Hoppes
Director of Information Technology
Indigo Wireless
+1 (570) 723-7312

On 4/16/14, 2:40 PM, ralphli...@bsrg.org wrote:
 Don't know.
 The word interstate was in the description of the charge.
 
 
 *From:* Matt Hoppes [mailto:mhop...@indigowireless.com]
 *To:* WISPA General List [mailto:wireless@wispa.org]
 *Sent:* Wed, 16 Apr 2014 14:32:45 -0400
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
 OK... but why is there no USF on an INTRAstate circuit but there is on
 an INTERstate?
 
 
 Matt Hoppes
 Director of Information Technology
 Indigo Wireless
 +1 (570) 723-7312[Call: +1 (570) 723-7312] #
 
 On 4/16/14, 2:22 PM, ralphli...@bsrg.org
 mailto:ralphli...@bsrg.org wrote:
  There was none. We just kept refusing to pay it and explained it
 several
  times. They finally removed it.
  Having a good relationship with your A.E. helps a lot I guess.
  I lot of it was just making them understand that, since they had
 all the
  addresses of the drops, it was NOT interstate.
 
  I used to fight this with the phone company as well several years
 ago in
  another life.
 
 
 
  *From:* Matt Hoppes [mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com]
  *To:* WISPA General List [mailto:wireless@wispa.org
 mailto:wireless@wispa.org]
  *Sent:* Wed, 16 Apr 2014 13:33:19 -0400
  *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
  That's what I meant... interesting. Good to know! Can you reference
  the paperwork ID number you had to request?
 
 
  Matt Hoppes
  Director of Information Technology
  Indigo Wireless
  +1 (570) 723-7312[Call: +1 (570) 723-7312[Call: +1 (570) 723-7312]
 #] #
 
  On 4/16/14, 1:28 PM, ralphli...@bsrg.org mailto:ralphli...@bsrg.org
  mailto:ralphli...@bsrg.org mailto:ralphli...@bsrg.org wrote:
   From our Metro Ethernet network
  
  
 
 
   *From:* Matt Hoppes [mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
  mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com]
   *To:* WISPA General List [mailto:wireless@wispa.org
 mailto:wireless@wispa.org
  mailto:wireless@wispa.org mailto:wireless@wispa.org]
   *Sent:* Wed, 16 Apr 2014 12:41:22 -0400
   *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
  
   So you got the USF tax removed from your Comcast transport circuit?
  
  
   Matt Hoppes
   Director of Information Technology
   Indigo Wireless
   +1 (570) 723-7312[Call: +1 (570) 723-7312[Call: +1 (570)
 723-7312[Call: +1 (570) 723-7312] #]
  #] #
  
   On 4/16/14, 12:30 PM, ralph wrote:
We did this, and won.
   
Still trying to get credit for what was paid before we squeaked.
   
   
   
*From:*wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
   mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
   [mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org]
*On Behalf Of *Kristian Hoffmann
*Sent:* Tuesday, April 15, 2014 9:06 PM
*To:* WISPA General List
*Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
   
   
   
The key for Comcast is to make sure your contract says
  intra-state and
not inter-state for the tax jurisdiction. They don't collect
 USF on
intra-state circuits, only local city/county/state taxes as
   applicable.
If your contract says inter-state (and it isn't inter-state),
  you can
harass your sales rep into getting a change order done. If it's
intra-state and they still collect USF, then make the appropriate
   stink
with your sales rep.
   
-Kristian
   
On 04/15/2014 03:44 PM, Matt Hoppes wrote:
   
Oh really? Comcast wants to charge me 16% USF on a point to point
to carry Internet traffic.
   
Sent from my iPad
   
   
On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz
   fai...@snappytelecom.net mailto:fai...@snappytelecom.net
 mailto:fai...@snappytelecom.net mailto:fai...@snappytelecom.net
  mailto:fai

Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-16 Thread Robert Andrews
Be as confusing as possible and that way get the least push back on a 
made up charge...
After all the fake charges on cell invoices, dsl invoices, and cable 
invoices, what would make you think that this was any different? Just 
because you are in the biz and might know better?

I am sure that there are thousands of companies that just go on paying 
these extra fees because they look legit and there is something that 
might be related in the regs...


On 04/16/2014 11:51 AM, Matt Hoppes wrote:
 Interstate access charge, maybe?


 Matt Hoppes
 Director of Information Technology
 Indigo Wireless
 +1 (570) 723-7312

 On 4/16/14, 2:40 PM, ralphli...@bsrg.org wrote:
 Don't know.
 The word interstate was in the description of the charge.

  
  *From:* Matt Hoppes [mailto:mhop...@indigowireless.com]
  *To:* WISPA General List [mailto:wireless@wispa.org]
  *Sent:* Wed, 16 Apr 2014 14:32:45 -0400
  *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs

  OK... but why is there no USF on an INTRAstate circuit but there is on
  an INTERstate?


  Matt Hoppes
  Director of Information Technology
  Indigo Wireless
  +1 (570) 723-7312[Call: +1 (570) 723-7312] #

  On 4/16/14, 2:22 PM, ralphli...@bsrg.org
  mailto:ralphli...@bsrg.org wrote:
   There was none. We just kept refusing to pay it and explained it
  several
   times. They finally removed it.
   Having a good relationship with your A.E. helps a lot I guess.
   I lot of it was just making them understand that, since they had
  all the
   addresses of the drops, it was NOT interstate.
  
   I used to fight this with the phone company as well several years
  ago in
   another life.
  
  
  
   *From:* Matt Hoppes [mailto:mhop...@indigowireless.com
  mailto:mhop...@indigowireless.com]
   *To:* WISPA General List [mailto:wireless@wispa.org
  mailto:wireless@wispa.org]
   *Sent:* Wed, 16 Apr 2014 13:33:19 -0400
   *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
  
   That's what I meant... interesting. Good to know! Can you reference
   the paperwork ID number you had to request?
  
  
   Matt Hoppes
   Director of Information Technology
   Indigo Wireless
   +1 (570) 723-7312[Call: +1 (570) 723-7312[Call: +1 (570) 723-7312]
  #] #
  
   On 4/16/14, 1:28 PM, ralphli...@bsrg.org mailto:ralphli...@bsrg.org
   mailto:ralphli...@bsrg.org mailto:ralphli...@bsrg.org wrote:
From our Metro Ethernet network
   
   
  
  
*From:* Matt Hoppes [mailto:mhop...@indigowireless.com
  mailto:mhop...@indigowireless.com
   mailto:mhop...@indigowireless.com
  mailto:mhop...@indigowireless.com]
*To:* WISPA General List [mailto:wireless@wispa.org
  mailto:wireless@wispa.org
   mailto:wireless@wispa.org mailto:wireless@wispa.org]
*Sent:* Wed, 16 Apr 2014 12:41:22 -0400
*Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
   
So you got the USF tax removed from your Comcast transport circuit?
   
   
Matt Hoppes
Director of Information Technology
Indigo Wireless
+1 (570) 723-7312[Call: +1 (570) 723-7312[Call: +1 (570)
  723-7312[Call: +1 (570) 723-7312] #]
   #] #
   
On 4/16/14, 12:30 PM, ralph wrote:
 We did this, and won.

 Still trying to get credit for what was paid before we squeaked.



 *From:*wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
   mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
   mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
[mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
   mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
   mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org]
 *On Behalf Of *Kristian Hoffmann
 *Sent:* Tuesday, April 15, 2014 9:06 PM
 *To:* WISPA General List
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs



 The key for Comcast is to make sure your contract says
   intra-state and
 not inter-state for the tax jurisdiction. They don't collect
  USF on
 intra-state circuits, only local city/county/state taxes as
applicable.
 If your contract says inter-state (and it isn't inter-state),
   you can
 harass your sales rep

Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-16 Thread Matt Hoppes
James,
That's kind of how I was reading that too.  Yes, the carrier only pays
it on intrastate circuits, but they can charge it anywhere --- provided
they don't charge more than they pay..

Which brings up another question. with enough customer base the
charges should go down for everyone but I can't recall the last time
I saw that happen.


Matt Hoppes
Director of Information Technology
Indigo Wireless
+1 (570) 723-7312

On 4/16/14, 3:01 PM, James Howard wrote:
 From the FCC website:
 
  
 
  The Universal Service Fund is paid for by contributions
 http://www.fcc.gov/encyclopedia/contribution-methodology-administrative-filings
  from
 telecommunications carriers, including wireline and wireless companies,
 and interconnected Voice over Internet Protocol (VoIP) providers,
 including cable companies that provide voice service, based on an
 assessment on their *interstate* and international end-user revenues.
 
  
 
   * Some consumers may notice a “Universal Service” line item on their
 telephone bills. This line item appears when a company chooses to
 recover its USF contributions directly from its customers by billing
 them this charge. The FCC does not require this charge to be passed
 on to customers. Each company makes a business decision about
 *whether and how to assess charges to recover* its Universal Service
 costs. These charges usually appear as a percentage of the
 consumer’s phone bill. Companies that choose to collect Universal
 Service fees from their customers cannot collect an amount that
 exceeds their contribution to the USF. They also cannot collect any
 fees from a Lifeline program participant.
 
  
 
  
 
  
 
 IANAL but this doesn’t seem to restrict them from “recovering” these
 fees from ANY customer they want to recover them from.  Just because we
 aren’t using an INTERSTATE circuit doesn’t mean that they can’t chose to
 recover some of their USF fees from us. 
 
  
 
 We have been successful in getting them removed from all of our
 intrastate circuits.
 
  
 
  
 
 *From:*wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
 *On Behalf Of *Matt Hoppes
 *Sent:* Wednesday, April 16, 2014 1:51 PM
 *To:* WISPA General List
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
  
 
 Interstate access charge, maybe?
 
 
 Matt Hoppes
 Director of Information Technology
 Indigo Wireless
 +1 (570) 723-7312
 
 On 4/16/14, 2:40 PM, ralphli...@bsrg.org mailto:ralphli...@bsrg.org wrote:
 Don't know.
 The word interstate was in the description of the charge.

 
 *From:* Matt Hoppes [mailto:mhop...@indigowireless.com]
 *To:* WISPA General List [mailto:wireless@wispa.org]
 *Sent:* Wed, 16 Apr 2014 14:32:45 -0400
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs

 OK... but why is there no USF on an INTRAstate circuit but there is on
 an INTERstate?


 Matt Hoppes
 Director of Information Technology
 Indigo Wireless
 +1 (570) 723-7312[Call: +1 (570) 723-7312] #

 On 4/16/14, 2:22 PM, ralphli...@bsrg.org mailto:ralphli...@bsrg.org
 mailto:ralphli...@bsrg.org mailto:ralphli...@bsrg.org%3e wrote:
  There was none. We just kept refusing to pay it and explained it
 several
  times. They finally removed it.
  Having a good relationship with your A.E. helps a lot I guess.
  I lot of it was just making them understand that, since they had
 all the
  addresses of the drops, it was NOT interstate.
 
  I used to fight this with the phone company as well several years
 ago in
  another life.
 
 
 
  *From:* Matt Hoppes [mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com%3e]
  *To:* WISPA General List [mailto:wireless@wispa.org
 mailto:wireless@wispa.org mailto:wireless@wispa.org%3e]
  *Sent:* Wed, 16 Apr 2014 13:33:19 -0400
  *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
  That's what I meant... interesting. Good to know! Can you reference
  the paperwork ID number you had to request?
 
 
  Matt Hoppes
  Director of Information Technology
  Indigo Wireless
  +1 (570) 723-7312[Call: +1 (570) 723-7312[Call: +1 (570) 723-7312]
 #] #
 
  On 4/16/14, 1:28 PM, ralphli...@bsrg.org
 mailto:ralphli...@bsrg.org mailto:ralphli...@bsrg.org
 mailto:ralphli...@bsrg.org%3e
  mailto:ralphli...@bsrg.org mailto:ralphli...@bsrg.org
 mailto:ralphli...@bsrg.org%3e%3e wrote:
   From our Metro Ethernet network
  
  
 
 
   *From:* Matt Hoppes [mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com mailto:mhop...@indigowireless.com%3e
  mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com%3e%3e]
   *To:* WISPA General List [mailto:wireless@wispa.org
 mailto:wireless@wispa.org mailto:wireless@wispa.org%3e
  mailto:wireless@wispa.org

Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-16 Thread Fred Goldstein
On 4/16/2014 2:32 PM, Matt Hoppes wrote:
 OK... but why is there no USF on an INTRAstate circuit but there is on
 an INTERstate?

Jurisdiction.  The Federal USF is, by law, only applicable to interstate 
services.

USF was created in 1996.  Before then, rural telcos got all of their 
subsidies from long-distance calling.  If you made a 25c/minute call 
from New York to Grouse Creek, New York Tel might get a few cents for 
its end, while Beehive got about 40 cents of the 25.  The long distance 
carrier kept the rest.  Which, in the case of calls to Grouse Creek, was 
negative.  But regulations required them to deliver the calls and charge 
the same price to retail subscribers regardless of whether it was going 
to Salt Lake City at say 4c/min or Grouse Creek at ten times as much.

So in order to fix that mess, USF created a tax called a fee (because 
Americans hate taxes, but are assumed to be easy to fool) on all 
interstate telecom.  So the access charges could be lowered, and long 
distance rates could come down.

But jurisdictional rules being what they are, calls within a state were 
only subject to state regulation.  So states could keep high access 
charges (as many did, a practice finally banned as of 2013) and/or 
create a state USF of their own, if they wanted to tax intrastate 
telecom.  And some did.


 Matt Hoppes
 Director of Information Technology
 Indigo Wireless
 +1 (570) 723-7312

 On 4/16/14, 2:22 PM, ralphli...@bsrg.org wrote:
 There was none. We just kept refusing to pay it and explained it several
 times. They finally removed it.
 Having a good relationship with your A.E. helps a lot I guess.
 I lot of it was just making them understand that, since they had all the
 addresses of the drops, it was NOT interstate.
   
 I used to fight this with the phone company as well several years ago in
 another life.

  
  *From:* Matt Hoppes [mailto:mhop...@indigowireless.com]
  *To:* WISPA General List [mailto:wireless@wispa.org]
  *Sent:* Wed, 16 Apr 2014 13:33:19 -0400
  *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs

  That's what I meant... interesting. Good to know! Can you reference
  the paperwork ID number you had to request?


  Matt Hoppes
  Director of Information Technology
  Indigo Wireless
  +1 (570) 723-7312[Call: +1 (570) 723-7312] #

  On 4/16/14, 1:28 PM, ralphli...@bsrg.org
  mailto:ralphli...@bsrg.org wrote:
   From our Metro Ethernet network
  
  
  
   *From:* Matt Hoppes [mailto:mhop...@indigowireless.com
  mailto:mhop...@indigowireless.com]
   *To:* WISPA General List [mailto:wireless@wispa.org
  mailto:wireless@wispa.org]
   *Sent:* Wed, 16 Apr 2014 12:41:22 -0400
   *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
  
   So you got the USF tax removed from your Comcast transport circuit?
  
  
   Matt Hoppes
   Director of Information Technology
   Indigo Wireless
   +1 (570) 723-7312[Call: +1 (570) 723-7312[Call: +1 (570) 723-7312]
  #] #
  
   On 4/16/14, 12:30 PM, ralph wrote:
We did this, and won.
   
Still trying to get credit for what was paid before we squeaked.
   
   
   
*From:*wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
   mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
   [mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org mailto:wireless-boun...@wispa.org]
*On Behalf Of *Kristian Hoffmann
*Sent:* Tuesday, April 15, 2014 9:06 PM
*To:* WISPA General List
*Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
   
   
   
The key for Comcast is to make sure your contract says
  intra-state and
not inter-state for the tax jurisdiction. They don't collect USF on
intra-state circuits, only local city/county/state taxes as
   applicable.
If your contract says inter-state (and it isn't inter-state),
  you can
harass your sales rep into getting a change order done. If it's
intra-state and they still collect USF, then make the appropriate
   stink
with your sales rep.
   
-Kristian
   
On 04/15/2014 03:44 PM, Matt Hoppes wrote:
   
Oh really? Comcast wants to charge me 16% USF on a point to point
to carry Internet traffic.
   
Sent from my iPad
   
   
On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz
   fai...@snappytelecom.net mailto:fai...@snappytelecom.net
  mailto:fai...@snappytelecom.net mailto:fai...@snappytelecom.net
mailto:fai...@snappytelecom.net mailto:fai...@snappytelecom.net
   mailto:fai...@snappytelecom.net
  mailto:fai

Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-16 Thread Matt Hoppes
Yes I worded that wrong, thanks for catching it :)



Matt Hoppes
Director of Information Technology
Indigo Wireless
+1 (570) 723-7312

On 4/16/14, 3:09 PM, James Howard wrote:
 I think you worded that wrong, they only pay it on INTERSTATE circuits. 
 It does specifically say they can’t recover more than they pay in BUT
 who’s actually monitoring that?
 
  
 
 You can’t really blame them for wanting to recover it, if you look at
 the rate set by the FCC, it’s been above 15% for several years now. 
 That’s a pretty major hit.  If they are doing it correctly though, they
 should NOT be paying it for revenue that is generated from us so they
 should have less to recover. 
 
  
 
 On the other hand, most of them probably get back as much as they
 contribute to the USF anyway though.
 
  
 
 *From:*wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
 *On Behalf Of *Matt Hoppes
 *Sent:* Wednesday, April 16, 2014 2:04 PM
 *To:* WISPA General List
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
  
 
 James,
 That's kind of how I was reading that too. Yes, the carrier only pays
 it on intrastate circuits, but they can charge it anywhere --- provided
 they don't charge more than they pay..
 
 Which brings up another question. with enough customer base the
 charges should go down for everyone but I can't recall the last time
 I saw that happen.
 
 
 Matt Hoppes
 Director of Information Technology
 Indigo Wireless
 +1 (570) 723-7312
 
 On 4/16/14, 3:01 PM, James Howard wrote:
 From the FCC website:



 The Universal Service Fund is paid for by contributions

 http://www.fcc.gov/encyclopedia/contribution-methodology-administrative-filings
 http://www.fcc.gov/encyclopedia/contribution-methodology-administrative-filings%3e
 from
 telecommunications carriers, including wireline and wireless companies,
 and interconnected Voice over Internet Protocol (VoIP) providers,
 including cable companies that provide voice service, based on an
 assessment on their *interstate* and international end-user revenues.



 * Some consumers may notice a “Universal Service” line item on their
 telephone bills. This line item appears when a company chooses to
 recover its USF contributions directly from its customers by billing
 them this charge. The FCC does not require this charge to be passed
 on to customers. Each company makes a business decision about
 *whether and how to assess charges to recover* its Universal Service
 costs. These charges usually appear as a percentage of the
 consumer’s phone bill. Companies that choose to collect Universal
 Service fees from their customers cannot collect an amount that
 exceeds their contribution to the USF. They also cannot collect any
 fees from a Lifeline program participant.







 IANAL but this doesn’t seem to restrict them from “recovering” these
 fees from ANY customer they want to recover them from. Just because we
 aren’t using an INTERSTATE circuit doesn’t mean that they can’t chose to
 recover some of their USF fees from us.



 We have been successful in getting them removed from all of our
 intrastate circuits.





 *From:*wireless-boun...@wispa.org
 mailto:From:*wireless-boun...@wispa.org
 [mailto:wireless-boun...@wispa.org]
 *On Behalf Of *Matt Hoppes
 *Sent:* Wednesday, April 16, 2014 1:51 PM
 *To:* WISPA General List
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs



 Interstate access charge, maybe?


 Matt Hoppes
 Director of Information Technology
 Indigo Wireless
 +1 (570) 723-7312

 On 4/16/14, 2:40 PM, ralphli...@bsrg.org mailto:ralphli...@bsrg.org
 mailto:ralphli...@bsrg.org mailto:ralphli...@bsrg.org%3e wrote:
 Don't know.
 The word interstate was in the description of the charge.

 
 *From:* Matt Hoppes [mailto:mhop...@indigowireless.com]
 *To:* WISPA General List [mailto:wireless@wispa.org]
 *Sent:* Wed, 16 Apr 2014 14:32:45 -0400
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs

 OK... but why is there no USF on an INTRAstate circuit but there is on
 an INTERstate?


 Matt Hoppes
 Director of Information Technology
 Indigo Wireless
 +1 (570) 723-7312[Call: +1 (570) 723-7312] #

 On 4/16/14, 2:22 PM, ralphli...@bsrg.org mailto:ralphli...@bsrg.org
 mailto:ralphli...@bsrg.org mailto:ralphli...@bsrg.org%3e
 mailto:ralphli...@bsrg.org mailto:ralphli...@bsrg.org%3e
 mailto:ralphli...@bsrg.org%3e mailto:ralphli...@bsrg.org%3e%3e wrote:
  There was none. We just kept refusing to pay it and explained it
 several
  times. They finally removed it.
  Having a good relationship with your A.E. helps a lot I guess.
  I lot of it was just making them understand that, since they had
 all the
  addresses of the drops, it was NOT interstate.
 
  I used to fight this with the phone company as well several years
 ago in
  another life.
 
 
 
  *From:* Matt Hoppes [mailto:mhop...@indigowireless.com
 mailto:mhop

Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-16 Thread ralph
It was hundreds of dollars a month, I know that.

-Original Message-
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Matt Hoppes
Sent: Wednesday, April 16, 2014 2:51 PM
To: WISPA General List
Subject: Re: [WISPA] CAF-USF-StateTax for WISPs

Interstate access charge, maybe?


Matt Hoppes
Director of Information Technology
Indigo Wireless
+1 (570) 723-7312

On 4/16/14, 2:40 PM, ralphli...@bsrg.org wrote:
 Don't know.
 The word interstate was in the description of the charge.
 


 *From:* Matt Hoppes [mailto:mhop...@indigowireless.com]
 *To:* WISPA General List [mailto:wireless@wispa.org]
 *Sent:* Wed, 16 Apr 2014 14:32:45 -0400
 *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
 OK... but why is there no USF on an INTRAstate circuit but there is on
 an INTERstate?
 
 
 Matt Hoppes
 Director of Information Technology
 Indigo Wireless
 +1 (570) 723-7312[Call: +1 (570) 723-7312] #
 
 On 4/16/14, 2:22 PM, ralphli...@bsrg.org
 mailto:ralphli...@bsrg.org wrote:
  There was none. We just kept refusing to pay it and explained it
 several
  times. They finally removed it.
  Having a good relationship with your A.E. helps a lot I guess.
  I lot of it was just making them understand that, since they had
 all the
  addresses of the drops, it was NOT interstate.
 
  I used to fight this with the phone company as well several years
 ago in
  another life.
 
 


  *From:* Matt Hoppes [mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com]
  *To:* WISPA General List [mailto:wireless@wispa.org
 mailto:wireless@wispa.org]
  *Sent:* Wed, 16 Apr 2014 13:33:19 -0400
  *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
 
  That's what I meant... interesting. Good to know! Can you reference
  the paperwork ID number you had to request?
 
 
  Matt Hoppes
  Director of Information Technology
  Indigo Wireless
  +1 (570) 723-7312[Call: +1 (570) 723-7312[Call: +1 (570) 723-7312]
 #] #
 
  On 4/16/14, 1:28 PM, ralphli...@bsrg.org
mailto:ralphli...@bsrg.org
  mailto:ralphli...@bsrg.org mailto:ralphli...@bsrg.org wrote:
   From our Metro Ethernet network
  
  
 


   *From:* Matt Hoppes [mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com
  mailto:mhop...@indigowireless.com
 mailto:mhop...@indigowireless.com]
   *To:* WISPA General List [mailto:wireless@wispa.org
 mailto:wireless@wispa.org
  mailto:wireless@wispa.org mailto:wireless@wispa.org]
   *Sent:* Wed, 16 Apr 2014 12:41:22 -0400
   *Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
  
   So you got the USF tax removed from your Comcast transport
circuit?
  
  
   Matt Hoppes
   Director of Information Technology
   Indigo Wireless
   +1 (570) 723-7312[Call: +1 (570) 723-7312[Call: +1 (570)
 723-7312[Call: +1 (570) 723-7312] #]
  #] #
  
   On 4/16/14, 12:30 PM, ralph wrote:
We did this, and won.
   
Still trying to get credit for what was paid before we squeaked.
   
   
   
*From:*wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
   mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
   [mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
  mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org
 mailto:wireless-boun...@wispa.org]
*On Behalf Of *Kristian Hoffmann
*Sent:* Tuesday, April 15, 2014 9:06 PM
*To:* WISPA General List
*Subject:* Re: [WISPA] CAF-USF-StateTax for WISPs
   
   
   
The key for Comcast is to make sure your contract says
  intra-state and
not inter-state for the tax jurisdiction. They don't collect
 USF on
intra-state circuits, only local city/county/state taxes as
   applicable.
If your contract says inter-state (and it isn't inter-state),
  you can
harass your sales rep into getting a change order done. If it's
intra-state and they still collect USF, then make the
appropriate
   stink
with your sales rep.
   
-Kristian
   
On 04/15/2014 03:44 PM, Matt Hoppes wrote:
   
Oh really? Comcast wants to charge me 16% USF on a point to
point

Re: [WISPA] CAF-USF-StateTax for WISPs?

2014-04-15 Thread Fred Goldstein

On 4/15/2014 5:12 PM, Tom DeReggi wrote:

Guys,
I've been out of the loop for a couple years, regarding current status 
of CAF/USF/Tax requirements for WISPs.  I was surprised when I 
recieved my first bill from my new upstream fiber provider.
(they are a dark fiber provider, recently expanded to also offer metro 
ethernet IP)
Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber. 
I am just buying a Point-to-Point Fiber Transport data link.
So I consider this a wholesale component or infrastructure component, 
not an End User Internet circuit.

In the past, my Fiber providers never charged me any Taxes or USF.
I was under the impression that as a WISP (Im not a CLEC) providing 
Broadband only services, I didnt need to collect or pay into USF, CAF, 
or State Taxes. And further, my Upstream should be exempt from having 
to pay and/or collect such fees from me. If so, I need to provide 
legal documentation to support my claim to my upstream.


Nope.  USF is applied to jurisdictionally-interstate 
telecommunications.  Not information service, which is what an ISP 
provides.  But a point to point link is a classic example of a 
telecommunications service, ye olde private line updated to fiber. And 
since it is carrying Internet traffic, which is interstate (10%), the 
circuit is interstate, and thus taxable.


Disclaimer: IANAL; this is just how I understand it.

If you were a CLEC and collected USF yourself, then your upstream links 
would be wholesale, and you could show them the FCC web site entry 
proving you paid USF, exempting you from paying them and exempting them 
from collecting from you.  USF is collected once, by the last 
non-de-minimis telecom provider in the sales chain.  So your provider 
correctly sees you as an end customer of telecom and thus has to collect 
it from you.


IP transit is something else, not covered by USF.


THe new fiber provider is trying to charge me
The Federal USF stated was about 16.5% of monthly fiber cost.
The VA Communication Tax was about 6% of monthly fiber cost.
The Property Tax / Franchise/Row Recovery Fees 0.08% of monthly fiber 
cost.
First, I thought it was federal law that Broadband can not be taxed by 
the State.
Second, the USF amount stated was 16.5%, but in the past, when USF was 
applicable it was  always only around 6%.


That circuit isn't broadband, it's just a private line.  What you do 
with it is your business; USAC wants their cut.  And the price has been 
over 15% for years now.  It skyrocketed in 2006 when Bell DSL was 
declared to be purely an information service and thus exempt, vs. before 
that when it had a legally-separate telecom component (the raw DSL that 
an ISP could get out of the Special Access tariff).  And the total 
dollar value of long distance phone calling has gone down, so the huge 
money paid to rural ILECs is divided by a smaller revenue base.


Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber. 
I am just buying a Point-to-Point Fiber Transport data link.
So I consider this a wholesale component or infrastructure component, 
not an End User Internet circuit.

So questions are
1) Am I exempt as a WISP.
2) Is there a standard government form I can provide to my uptream, to 
document my exemption (similar to use tax resell certificate)


You aren't exempt, since you aren't collecting it from your customers.  
What you're buying and what they're being taxed on isn't broadband.


3) Is CAF in effect now (Broadband providers paying into USF) and if 
so, what is the current % rate?


CAF doesn't really change who pays in; it changes what's paid out, 
if/when it takes full effect.


4) Does it matter how my upstream classifies themselves versus how I 
classify myself? (for example, if they've obtained CLEC status or not, 
or im not a CLEC).


Being CLEC probably doesn't matter.  USF comes after you if you even 
smell remotely like interstate telecommunications and aren't clearly 
exempt.  Those rural ILECs need somebody to pay for their 
$250/month/line subsidies.



5) Does it matter how I use the circuit?


If it were purely intrastate (e.g., to connect two locations of a 
company for PBX remote extensions), it would not be jurisdictionally 
interstate, which triggers federal USF.  Of course some states have 
small USFs of their own.



6) Any specific FCC code to point to, that specifies this clearly?
Figured Id ask, before I go searching through regulation code.


If it's a tough call, this is best left to lawyers who've fought it out 
with USAC, or followed those cases.  Case law is more important than 
black letter rules.


--
 Fred R. Goldstein  k1io fred at interisle.net
 Interisle Consulting Group
 +1 617 795 2701

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Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-15 Thread Faisal Imtiaz
condensed answer .. 

1. You can claim exemption from communication taxes if you ask for ITNA 
(Internet Taxation Freedom Act) Exemption.. (Most providers now have forms for 
it, even though it is not easy to get them to provide the forms)., as long as 
you are not in a grandfathered state. 

2. No way out of paying USF, unless you have a 499 ID and you are NOT 
de-minimus There is an exemption form for this as well... 

3. Recovery Fees you are SOL, because there is no law that applies  
unless you have negotiated something that counters this in your MSA. 

Regards. 

Faisal Imtiaz 
Snappy Internet  Telecom 
7266 SW 48 Street 
Miami, FL 33155 
Tel: 305 663 5518 x 232 

Help-desk: (305)663-5518 Option 2 or Email: supp...@snappytelecom.net 

- Original Message -

 From: Tom DeReggi wirelessn...@rapiddsl.net
 To: WISPA General List wireless@wispa.org
 Sent: Tuesday, April 15, 2014 5:19:54 PM
 Subject: [WISPA] CAF-USF-StateTax for WISPs

 Guys,
 I've been out of the loop for a couple years, regarding current status of
 CAF/USF/Tax requirements for WISPs. I was surprised when I recieved my first
 bill from my new upstream fiber provider.
 (they are a dark fiber provider, recently expanded to also offer metro
 ethernet IP)
 Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber. I am
 just buying a Point-to-Point Fiber Transport data link.
 So I consider this a wholesale component or infrastructure component, not an
 End User Internet circuit.
 In the past, my Fiber providers never charged me any Taxes or USF.
 I was under the impression that as a WISP (Im not a CLEC) providing Broadband
 only services, I didnt need to collect or pay into USF, CAF, or State Taxes.
 And further, my Upstream should be exempt from having to pay and/or collect
 such fees from me. If so, I need to provide legal documentation to support
 my claim to my upstream.
 THe new fiber provider is trying to charge me
 The Federal USF stated was about 16.5% of monthly fiber cost.
 The VA Communication Tax was about 6% of monthly fiber cost.
 The Property Tax / Franchise/Row Recovery Fees 0.08% of monthly fiber cost.
 First, I thought it was federal law that Broadband can not be taxed by the
 State.
 Second, the USF amount stated was 16.5%, but in the past, when USF was
 applicable it was always only around 6%.
 Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber. I am
 just buying a Point-to-Point Fiber Transport data link.
 So I consider this a wholesale component or infrastructure component, not an
 End User Internet circuit.
 So questions are
 1) Am I exempt as a WISP.
 2) Is there a standard government form I can provide to my uptream, to
 document my exemption (similar to use tax resell certificate)
 3) Is CAF in effect now (Broadband providers paying into USF) and if so, what
 is the current % rate?
 4) Does it matter how my upstream classifies themselves versus how I classify
 myself? (for example, if they've obtained CLEC status or not, or im not a
 CLEC).
 5) Does it matter how I use the circuit?
 6) Any specific FCC code to point to, that specifies this clearly?
 Figured Id ask, before I go searching through regulation code.
 Tom DeReggi
 RapidDSL  Wireless, Inc
 301-515-7774
 IntAirNet- Fixed Wireless Broadband

 ___
 Wireless mailing list
 Wireless@wispa.org
 http://lists.wispa.org/mailman/listinfo/wireless
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Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-15 Thread Matt Hoppes
I believe the reason you are being taxed is because this is a transport and not 
an internet circuit. 

As far as I know the internet freedom act only applies to Internet access. 

Sent from my iPad

 On Apr 15, 2014, at 5:19 PM, Tom DeReggi wirelessn...@rapiddsl.net wrote:
 
 Guys,
  
 I've been out of the loop for a couple years, regarding current status of 
 CAF/USF/Tax requirements for WISPs.  I was surprised when I recieved my first 
 bill from my new upstream fiber provider.
 (they are a dark fiber provider, recently expanded to also offer metro 
 ethernet IP)
 Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber. I am 
 just buying a Point-to-Point Fiber Transport data link.
 So I consider this a wholesale component or infrastructure component, not an 
 End User Internet circuit.
  
 In the past, my Fiber providers never charged me any Taxes or USF.  
 I was under the impression that as a WISP (Im not a CLEC) providing Broadband 
 only services, I didnt need to collect or pay into USF, CAF, or State Taxes. 
 And further, my Upstream should be exempt from having to pay and/or collect 
 such fees from me.  If so, I need to provide legal documentation to support 
 my claim to my  upstream.
  
 THe new fiber provider is trying to charge me
 The Federal USF stated was about 16.5% of monthly fiber cost.
 The VA Communication Tax was about 6% of monthly fiber cost.
 The Property Tax / Franchise/Row Recovery Fees 0.08% of monthly fiber cost.
  
 First, I thought it was federal law that Broadband can not be taxed by the 
 State.
 Second, the USF amount stated was 16.5%, but in the past, when USF was 
 applicable it was  always only around 6%.
  
 Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber. I am 
 just buying a Point-to-Point Fiber Transport data link.
 So I consider this a wholesale component or infrastructure component, not an 
 End User Internet circuit.
  
 So questions are
  
 1) Am I exempt as a WISP.
 2) Is there a standard government form I can provide to my uptream, to 
 document my exemption (similar to use tax resell certificate)
 3) Is CAF in effect now (Broadband providers paying into USF) and if so, what 
 is the current % rate?
 4) Does it matter how my upstream classifies themselves versus how I classify 
 myself? (for example, if they've obtained CLEC status or not, or im not a 
 CLEC).
 5) Does it matter how I use the circuit?  
 6) Any specific FCC code to point to, that specifies this clearly?
  
 Figured Id ask, before I go searching through regulation code.
  
 Tom DeReggi
 RapidDSL  Wireless, Inc
 301-515-7774
 IntAirNet- Fixed Wireless Broadband
 ___
 Wireless mailing list
 Wireless@wispa.org
 http://lists.wispa.org/mailman/listinfo/wireless
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Wireless@wispa.org
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Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-15 Thread Faisal Imtiaz
hmmm.. not quite accurate... 

Internet Freedom Act was updated to allow for taxes not to apply to internet 
access as well as communication circuits carrying internet access. 

Regards. 

Faisal Imtiaz 
Snappy Internet  Telecom 
7266 SW 48 Street 
Miami, FL 33155 
Tel: 305 663 5518 x 232 

Help-desk: (305)663-5518 Option 2 or Email: supp...@snappytelecom.net 

- Original Message -

 From: Matt Hoppes mhop...@indigowireless.com
 To: WISPA General List wireless@wispa.org
 Sent: Tuesday, April 15, 2014 6:12:00 PM
 Subject: Re: [WISPA] CAF-USF-StateTax for WISPs

 I believe the reason you are being taxed is because this is a transport and
 not an internet circuit.

 As far as I know the internet freedom act only applies to Internet access.

 Sent from my iPad

 On Apr 15, 2014, at 5:19 PM, Tom DeReggi  wirelessn...@rapiddsl.net 
 wrote:

  Guys,
 
  I've been out of the loop for a couple years, regarding current status of
  CAF/USF/Tax requirements for WISPs. I was surprised when I recieved my
  first
  bill from my new upstream fiber provider.
 
  (they are a dark fiber provider, recently expanded to also offer metro
  ethernet IP)
 
  Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber. I am
  just buying a Point-to-Point Fiber Transport data link.
 
  So I consider this a wholesale component or infrastructure component, not
  an
  End User Internet circuit.
 
  In the past, my Fiber providers never charged me any Taxes or USF.
 
  I was under the impression that as a WISP (Im not a CLEC) providing
  Broadband
  only services, I didnt need to collect or pay into USF, CAF, or State
  Taxes.
  And further, my Upstream should be exempt from having to pay and/or collect
  such fees from me. If so, I need to provide legal documentation to support
  my claim to my upstream.
 
  THe new fiber provider is trying to charge me
 
  The Federal USF stated was about 16.5% of monthly fiber cost.
 
  The VA Communication Tax was about 6% of monthly fiber cost.
 
  The Property Tax / Franchise/Row Recovery Fees 0.08% of monthly fiber cost.
 
  First, I thought it was federal law that Broadband can not be taxed by the
  State.
 
  Second, the USF amount stated was 16.5%, but in the past, when USF was
  applicable it was always only around 6%.
 
  Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber. I am
  just buying a Point-to-Point Fiber Transport data link.
 
  So I consider this a wholesale component or infrastructure component, not
  an
  End User Internet circuit.
 
  So questions are
 
  1) Am I exempt as a WISP.
 
  2) Is there a standard government form I can provide to my uptream, to
  document my exemption (similar to use tax resell certificate)
 
  3) Is CAF in effect now (Broadband providers paying into USF) and if so,
  what
  is the current % rate?
 
  4) Does it matter how my upstream classifies themselves versus how I
  classify
  myself? (for example, if they've obtained CLEC status or not, or im not a
  CLEC).
 
  5) Does it matter how I use the circuit?
 
  6) Any specific FCC code to point to, that specifies this clearly?
 
  Figured Id ask, before I go searching through regulation code.
 
  Tom DeReggi
 
  RapidDSL  Wireless, Inc
 
  301-515-7774
 
  IntAirNet- Fixed Wireless Broadband
 

  ___
 
  Wireless mailing list
 
  Wireless@wispa.org
 
  http://lists.wispa.org/mailman/listinfo/wireless
 

 ___
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 Wireless@wispa.org
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Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-15 Thread Matt Hoppes
Oh really?  Comcast wants to charge me 16% USF on a point to point to carry 
Internet traffic. 

Sent from my iPad

 On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz fai...@snappytelecom.net wrote:
 
 hmmm.. not quite accurate...
 
 Internet Freedom Act was updated to allow for taxes not to apply to 
 internet access as well as communication circuits carrying internet access.
 
 Regards.
 
 Faisal Imtiaz
 Snappy Internet  Telecom
 7266 SW 48 Street
 Miami, FL 33155
 Tel: 305 663 5518 x 232
 
 Help-desk: (305)663-5518 Option 2 or Email: supp...@snappytelecom.net 
 
 From: Matt Hoppes mhop...@indigowireless.com
 To: WISPA General List wireless@wispa.org
 Sent: Tuesday, April 15, 2014 6:12:00 PM
 Subject: Re: [WISPA] CAF-USF-StateTax for  WISPs
 
 I believe the reason you are being taxed is because this is a transport and 
 not an internet circuit. 
 
 As far as I know the internet freedom act only applies to Internet access. 
 
 Sent from my iPad
 
 On Apr 15, 2014, at 5:19 PM, Tom DeReggi wirelessn...@rapiddsl.net wrote:
 
 Guys,
  
 I've been out of the loop for a couple years, regarding current status of 
 CAF/USF/Tax requirements for WISPs.  I was surprised when I recieved my first 
 bill from my new upstream fiber provider.
 (they are a dark fiber provider, recently expanded to also offer metro 
 ethernet IP)
 Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber. I am 
 just buying a Point-to-Point Fiber Transport data link.
 So I consider this a wholesale component or infrastructure component, not an 
 End User Internet circuit.
  
 In the past, my Fiber providers never charged me any Taxes or USF.  
 I was under the impression that as a WISP (Im not a CLEC) providing Broadband 
 only services, I didnt need to collect or pay into USF, CAF, or State Taxes. 
 And further, my Upstream should be exempt from having to pay and/or collect 
 such fees from me.  If so, I need to provide legal documentation to support 
 my claim to my upstream.
  
 THe new fiber provider is trying to charge me
 The Federal USF stated was about 16.5% of monthly fiber cost.
 The VA Communication Tax was about 6% of monthly fiber cost.
 The Property Tax / Franchise/Row Recovery Fees 0.08% of monthly fiber cost.
  
 First, I thought it was federal law that Broadband can not be taxed by the 
 State.
 Second, the USF amount stated was 16.5%, but in the past, when USF was 
 applicable it was  always only around 6%.
  
 Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber. I am 
 just buying a Point-to-Point Fiber Transport data link.
 So I consider this a wholesale component or infrastructure component, not an 
 End User Internet circuit.
  
 So questions are
  
 1) Am I exempt as a WISP.
 2) Is there a standard government form I can provide to my uptream, to 
 document my exemption (similar to use tax resell certificate)
 3) Is CAF in effect now (Broadband providers paying into USF) and if so, what 
 is the current % rate?
 4) Does it matter how my upstream classifies themselves versus how I classify 
 myself? (for example, if they've obtained CLEC status or not, or im not a 
 CLEC).
 5) Does it matter how I use the circuit?  
 6) Any specific FCC code to point to, that specifies this clearly?
  
 Figured Id ask, before I go searching through regulation code.
  
 Tom DeReggi
 RapidDSL  Wireless, Inc
 301-515-7774
 IntAirNet- Fixed Wireless Broadband
 ___
 Wireless mailing list
 Wireless@wispa.org
 http://lists.wispa.org/mailman/listinfo/wireless
 
 ___
 Wireless mailing list
 Wireless@wispa.org
 http://lists.wispa.org/mailman/listinfo/wireless
 
 ___
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 Wireless@wispa.org
 http://lists.wispa.org/mailman/listinfo/wireless
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Wireless@wispa.org
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Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-15 Thread Faisal Imtiaz
They all do. (i.e. try to screw the ISP/NSP/WISP) 

Chase down the person in-charge of their Tax Dept, and ask them for ITNA Tax 
Exemption Form 

:) 

Faisal Imtiaz 
Snappy Internet  Telecom 
7266 SW 48 Street 
Miami, FL 33155 
Tel: 305 663 5518 x 232 

Help-desk: (305)663-5518 Option 2 or Email: supp...@snappytelecom.net 

- Original Message -

 From: Matt Hoppes mhop...@indigowireless.com
 To: WISPA General List wireless@wispa.org
 Sent: Tuesday, April 15, 2014 6:44:33 PM
 Subject: Re: [WISPA] CAF-USF-StateTax for WISPs

 Oh really? Comcast wants to charge me 16% USF on a point to point to carry
 Internet traffic.

 Sent from my iPad

 On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz  fai...@snappytelecom.net 
 wrote:

  hmmm.. not quite accurate...
 

  Internet Freedom Act was updated to allow for taxes not to apply to
  internet
  access as well as communication circuits carrying internet access.
 

  Regards.
 

  Faisal Imtiaz
 
  Snappy Internet  Telecom
 
  7266 SW 48 Street
 
  Miami, FL 33155
 
  Tel: 305 663 5518 x 232
 

  Help-desk: (305)663-5518 Option 2 or Email: supp...@snappytelecom.net
 

  - Original Message -
 

   From: Matt Hoppes  mhop...@indigowireless.com 
  
 
   To: WISPA General List  wireless@wispa.org 
  
 
   Sent: Tuesday, April 15, 2014 6:12:00 PM
  
 
   Subject: Re: [WISPA] CAF-USF-StateTax for WISPs
  
 

   I believe the reason you are being taxed is because this is a transport
   and
   not an internet circuit.
  
 

   As far as I know the internet freedom act only applies to Internet
   access.
  
 

   Sent from my iPad
  
 

   On Apr 15, 2014, at 5:19 PM, Tom DeReggi  wirelessn...@rapiddsl.net 
   wrote:
  
 

Guys,
   
  
 
I've been out of the loop for a couple years, regarding current status
of
CAF/USF/Tax requirements for WISPs. I was surprised when I recieved my
first
bill from my new upstream fiber provider.
   
  
 
(they are a dark fiber provider, recently expanded to also offer metro
ethernet IP)
   
  
 
Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber.
I
am
just buying a Point-to-Point Fiber Transport data link.
   
  
 
So I consider this a wholesale component or infrastructure component,
not
an
End User Internet circuit.
   
  
 
In the past, my Fiber providers never charged me any Taxes or USF.
   
  
 
I was under the impression that as a WISP (Im not a CLEC) providing
Broadband
only services, I didnt need to collect or pay into USF, CAF, or State
Taxes.
And further, my Upstream should be exempt from having to pay and/or
collect
such fees from me. If so, I need to provide legal documentation to
support
my claim to my upstream.
   
  
 
THe new fiber provider is trying to charge me
   
  
 
The Federal USF stated was about 16.5% of monthly fiber cost.
   
  
 
The VA Communication Tax was about 6% of monthly fiber cost.
   
  
 
The Property Tax / Franchise/Row Recovery Fees 0.08% of monthly fiber
cost.
   
  
 
First, I thought it was federal law that Broadband can not be taxed by
the
State.
   
  
 
Second, the USF amount stated was 16.5%, but in the past, when USF was
applicable it was always only around 6%.
   
  
 
Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber.
I
am
just buying a Point-to-Point Fiber Transport data link.
   
  
 
So I consider this a wholesale component or infrastructure component,
not
an
End User Internet circuit.
   
  
 
So questions are
   
  
 
1) Am I exempt as a WISP.
   
  
 
2) Is there a standard government form I can provide to my uptream, to
document my exemption (similar to use tax resell certificate)
   
  
 
3) Is CAF in effect now (Broadband providers paying into USF) and if
so,
what
is the current % rate?
   
  
 
4) Does it matter how my upstream classifies themselves versus how I
classify
myself? (for example, if they've obtained CLEC status or not, or im not
a
CLEC).
   
  
 
5) Does it matter how I use the circuit?
   
  
 
6) Any specific FCC code to point to, that specifies this clearly?
   
  
 
Figured Id ask, before I go searching through regulation code.
   
  
 
Tom DeReggi
   
  
 
RapidDSL  Wireless, Inc
   
  
 
301-515-7774
   
  
 
IntAirNet- Fixed Wireless Broadband
   
  
 

___
   
  
 
Wireless mailing list
   
  
 
Wireless@wispa.org
   
  
 
http://lists.wispa.org/mailman/listinfo/wireless
   
  
 

   ___
  
 
   Wireless mailing list
  
 
   Wireless@wispa.org
  
 
   http://lists.wispa.org/mailman/listinfo/wireless
  
 

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  Wireless@wispa.org
 
  http://lists.wispa.org/mailman

Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-15 Thread Kristian Hoffmann
The key for Comcast is to make sure your contract says intra-state and 
not inter-state for the tax jurisdiction.  They don't collect USF on 
intra-state circuits, only local city/county/state taxes as applicable.  
If your contract says inter-state (and it isn't inter-state), you can 
harass your sales rep into getting a change order done.  If it's 
intra-state and they still collect USF, then make the appropriate stink 
with your sales rep.


-Kristian

On 04/15/2014 03:44 PM, Matt Hoppes wrote:
Oh really?  Comcast wants to charge me 16% USF on a point to point to 
carry Internet traffic.


Sent from my iPad

On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz fai...@snappytelecom.net 
mailto:fai...@snappytelecom.net wrote:



hmmm.. not quite accurate...

Internet Freedom Act was updated to allow for taxes not to apply 
to internet access as well as communication circuits carrying 
internet access.


Regards.

Faisal Imtiaz
Snappy Internet  Telecom
7266 SW 48 Street
Miami, FL 33155
Tel: 305 663 5518 x 232

Help-desk: (305)663-5518 Option 2 or Email: supp...@snappytelecom.net 
mailto:supp...@snappytelecom.net




*From: *Matt Hoppes mhop...@indigowireless.com
mailto:mhop...@indigowireless.com
*To: *WISPA General List wireless@wispa.org
mailto:wireless@wispa.org
*Sent: *Tuesday, April 15, 2014 6:12:00 PM
*Subject: *Re: [WISPA] CAF-USF-StateTax for  WISPs

I believe the reason you are being taxed is because this is a
transport and not an internet circuit.

As far as I know the internet freedom act only applies to
Internet access.

Sent from my iPad

On Apr 15, 2014, at 5:19 PM, Tom DeReggi
wirelessn...@rapiddsl.net mailto:wirelessn...@rapiddsl.net wrote:

Guys,
I've been out of the loop for a couple years, regarding
current status of CAF/USF/Tax requirements for WISPs.  I was
surprised when I recieved my first bill from my new upstream
fiber provider.
(they are a dark fiber provider, recently expanded to also
offer metro ethernet IP)
Note: I do NOT buy IP Transit from this provider, nor Last
mile Fiber. I am just buying a Point-to-Point Fiber Transport
data link.
So I consider this a wholesale component or infrastructure
component, not an End User Internet circuit.
In the past, my Fiber providers never charged me any Taxes or
USF.
I was under the impression that as a WISP (Im not a CLEC)
providing Broadband only services, I didnt need to collect or
pay into USF, CAF, or State Taxes. And further, my Upstream
should be exempt from having to pay and/or collect such fees
from me. If so, I need to provide legal documentation to
support my claim to my upstream.
THe new fiber provider is trying to charge me
The Federal USF stated was about 16.5% of monthly fiber cost.
The VA Communication Tax was about 6% of monthly fiber cost.
The Property Tax / Franchise/Row Recovery Fees 0.08% of
monthly fiber cost.
First, I thought it was federal law that Broadband can not be
taxed by the State.
Second, the USF amount stated was 16.5%, but in the
past, when USF was applicable it was  always only around 6%.
Note: I do NOT buy IP Transit from this provider, nor Last
mile Fiber. I am just buying a Point-to-Point Fiber Transport
data link.
So I consider this a wholesale component or infrastructure
component, not an End User Internet circuit.
So questions are
1) Am I exempt as a WISP.
2) Is there a standard government form I can provide to my
uptream, to document my exemption (similar to use tax resell
certificate)
3) Is CAF in effect now (Broadband providers paying into USF)
and if so, what is the current % rate?
4) Does it matter how my upstream classifies themselves
versus how I classify myself? (for example, if they've
obtained CLEC status or not, or im not a CLEC).
5) Does it matter how I use the circuit?
6) Any specific FCC code to point to, that specifies this
clearly?
Figured Id ask, before I go searching through regulation code.
Tom DeReggi
RapidDSL  Wireless, Inc
301-515-7774
IntAirNet- Fixed Wireless Broadband

___
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Wireless@wispa.org mailto:Wireless@wispa.org
http://lists.wispa.org/mailman/listinfo/wireless


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Wireless@wispa.org mailto:Wireless@wispa.org
http://lists.wispa.org/mailman/listinfo/wireless


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Wireless@wispa.org

Re: [WISPA] CAF-USF-StateTax for WISPs

2014-04-15 Thread Matt Hoppes
Good info. What is their reasoning behind that?

Sent from my iPad

 On Apr 15, 2014, at 9:05 PM, Kristian Hoffmann kh...@fire2wire.com wrote:
 
 The key for Comcast is to make sure your contract says intra-state and not 
 inter-state for the tax jurisdiction.  They don't collect USF on intra-state 
 circuits, only local city/county/state taxes as applicable.  If your contract 
 says inter-state (and it isn't inter-state), you can harass your sales rep 
 into getting a change order done.  If it's intra-state and they still collect 
 USF, then make the appropriate stink with your sales rep.
 
 -Kristian
 
 On 04/15/2014 03:44 PM, Matt Hoppes wrote:
 Oh really?  Comcast wants to charge me 16% USF on a point to point to carry 
 Internet traffic. 
 
 Sent from my iPad
 
 On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz fai...@snappytelecom.net wrote:
 
 hmmm.. not quite accurate...
 
 Internet Freedom Act was updated to allow for taxes not to apply to 
 internet access as well as communication circuits carrying internet access.
 
 Regards.
 
 Faisal Imtiaz
 Snappy Internet  Telecom
 7266 SW 48 Street
 Miami, FL 33155
 Tel: 305 663 5518 x 232
 
 Help-desk: (305)663-5518 Option 2 or Email: supp...@snappytelecom.net 
 
 From: Matt Hoppes mhop...@indigowireless.com
 To: WISPA General List wireless@wispa.org
 Sent: Tuesday, April 15, 2014 6:12:00 PM
 Subject: Re: [WISPA] CAF-USF-StateTax for  WISPs
 
 I believe the reason you are being taxed is because this is a transport and 
 not an internet circuit. 
 
 As far as I know the internet freedom act only applies to Internet access. 
 
 Sent from my iPad
 
 On Apr 15, 2014, at 5:19 PM, Tom DeReggi wirelessn...@rapiddsl.net 
 wrote:
 
 Guys,
  
 I've been out of the loop for a couple years, regarding current status of 
 CAF/USF/Tax requirements for WISPs.  I was surprised when I recieved my 
 first bill from my new upstream fiber provider.
 (they are a dark fiber provider, recently expanded to also offer metro 
 ethernet IP)
 Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber. I am 
 just buying a Point-to-Point Fiber Transport data link.
 So I consider this a wholesale component or infrastructure component, not 
 an End User Internet circuit.
  
 In the past, my Fiber providers never charged me any Taxes or USF.  
 I was under the impression that as a WISP (Im not a CLEC) providing 
 Broadband only services, I didnt need to collect or pay into USF, CAF, or 
 State Taxes. And further, my Upstream should be exempt from having to pay 
 and/or collect such fees from me.  If so, I need to provide legal 
 documentation to support my claim to my upstream.
  
 THe new fiber provider is trying to charge me
 The Federal USF stated was about 16.5% of monthly fiber cost.
 The VA Communication Tax was about 6% of monthly fiber cost.
 The Property Tax / Franchise/Row Recovery Fees 0.08% of monthly fiber cost.
  
 First, I thought it was federal law that Broadband can not be taxed by the 
 State.
 Second, the USF amount stated was 16.5%, but in the past, when USF was 
 applicable it was  always only around 6%.
  
 Note: I do NOT buy IP Transit from this provider, nor Last mile Fiber. I am 
 just buying a Point-to-Point Fiber Transport data link.
 So I consider this a wholesale component or infrastructure component, not 
 an End User Internet circuit.
  
 So questions are
  
 1) Am I exempt as a WISP.
 2) Is there a standard government form I can provide to my uptream, to 
 document my exemption (similar to use tax resell certificate)
 3) Is CAF in effect now (Broadband providers paying into USF) and if so, 
 what is the current % rate?
 4) Does it matter how my upstream classifies themselves versus how I 
 classify myself? (for example, if they've obtained CLEC status or not, or 
 im not a CLEC).
 5) Does it matter how I use the circuit?  
 6) Any specific FCC code to point to, that specifies this clearly?
  
 Figured Id ask, before I go searching through regulation code.
  
 Tom DeReggi
 RapidDSL  Wireless, Inc
 301-515-7774
 IntAirNet- Fixed Wireless Broadband
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