Does a WISP fall under the designation of a telecommunications carrier even though it isn’t required to file form 499-a?
Under definition found at USC title 47,153.40 , it appears that an ISP and in particular a WISP offers telecommunications services and is deemed a “telecommunications carrier” .
From The USAC website:
To be a telecommunications carrier, the carrier must (1) allow the customer to transmit information of its own design and choosing, without change in the form or content of the information, and (2) provide that capability for a fee directly to the public, or to such classes of users as to be effectively available to the public (i.e., hold itself out to serve indifferently all potential users).
USAC defines a carrier as above. They also require that Eligible Telecommunications Carriers file 499-A. As an industry, if we supply telecommunications services, as defined above, directly to a school or library and don’t file the 499 – is that considered breaking the rules? Im caught between a rock and the horns of a dilemma….
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