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 >> _______________________________________________ >> 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 > _______________________________________________ > Wireless mailing list > [email protected] > http://lists.wispa.org/mailman/listinfo/wireless
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