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 Cell 301-300-8248 IntAirNet- Fixed Wireless Broadband
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