The key for Comcast is to make sure your contract says intra-state and not inter-state for the tax jurisdiction. They don't collect USF on intra-state circuits, only local city/county/state taxes as applicable. If your contract says inter-state (and it isn't inter-state), you can harass your sales rep into getting a change order done. If it's intra-state and they still collect USF, then make the appropriate stink with your sales rep.

-Kristian

On 04/15/2014 03:44 PM, Matt Hoppes wrote:
Oh really? Comcast wants to charge me 16% USF on a point to point to carry Internet traffic.

Sent from my iPad

On Apr 15, 2014, at 6:27 PM, Faisal Imtiaz <[email protected] <mailto:[email protected]>> wrote:

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] <mailto:[email protected]>

------------------------------------------------------------------------

    *From: *"Matt Hoppes" <[email protected]
    <mailto:[email protected]>>
    *To: *"WISPA General List" <[email protected]
    <mailto:[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] <mailto:[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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