State? Or Federal? I read that as USC - so it would be Federal. Sent from my iPad
> On Apr 15, 2014, at 8:29 PM, "Tom DeReggi" <wirelessn...@rapiddsl.net> wrote: > > http://www.law.cornell.edu/uscode/pdf/uscode47/lii_usc_TI_47_CH_5_SC_I_SE_151.pdf > > Regarding State Taxes....In support of Faisal's statements.... > > " The term ‘Internet access service’ does not include telecommunications > services, except to the extent such services are purchased, used, > or sold by a provider of Internet access to provide Internet access. " > > The Document further clarifies in multiple cases that telecommunications > services purchased for the use to provide Internet Access are included as > Internet Access. > > > Tom DeReggi > RapidDSL & Wireless, Inc > IntAirNet- Fixed Wireless Broadband > > > ----- Original Message ----- > From: Faisal Imtiaz > To: WISPA General List > Sent: Tuesday, April 15, 2014 6:27 PM > Subject: [Spam] Re: [WISPA] CAF-USF-StateTax for WISPs > > 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 > > _______________________________________________ > 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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