Im not understanding what you are asking, but.... The link I provided was the bill (internet freedom act) extended through Nov 2014, stating that it made it federal law that no state could tax Internet Access in any form. The uncertainty came in what the definition was of Internet access. And it is clarified in the text that telecommunications services used for Internet access was considered INternet Access and not taxable by the State, unless the state was grand fathered.
(note, Im referring to my upstream trying to charge me VA communication tax. This does not apply to USF since USF is not a tax) Tom DeReggi RapidDSL & Wireless, Inc IntAirNet- Fixed Wireless Broadband ----- Original Message ----- From: Matt Hoppes To: WISPA General List Sent: Tuesday, April 15, 2014 8:38 PM Subject: [Spam] Re: [WISPA] [Spam] Re: CAF-USF-StateTax for WISPs 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" <[email protected]> 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: [email protected] -------------------------------------------------------------------------- From: "Matt Hoppes" <[email protected]> To: "WISPA General List" <[email protected]> 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" <[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 _______________________________________________ Wireless mailing list [email protected] http://lists.wispa.org/mailman/listinfo/wireless -------------------------------------------------------------------------- _______________________________________________ Wireless mailing list [email protected] http://lists.wispa.org/mailman/listinfo/wireless _______________________________________________ Wireless mailing list [email protected] http://lists.wispa.org/mailman/listinfo/wireless ------------------------------------------------------------------------------ _______________________________________________ Wireless mailing list [email protected] http://lists.wispa.org/mailman/listinfo/wireless
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