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" <[email protected]> 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 > [email protected] > http://lists.wispa.org/mailman/listinfo/wireless
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