Right. Ok on the same page then. :)

Sent from my iPad

> On Apr 15, 2014, at 9:06 PM, "Tom DeReggi" <[email protected]> wrote:
> 
> 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
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