Regarding USF....
" wholesaler must have evidence that the reseller customer both “(1)
[incorporates] the purchased telecommunications services into its own
offerings, and (2) can reasonably be expected to contribute to support
universal service based on revenues from those offerings."
In the past it was possible to be exempt from your upstream from charging you,
by only declaring that you were a reseller, and all that you had to do to get
exempted was to show that you utilized the telecommunications services in your
own retail offerings. The advantage to USF, would have been the ISP would
likely sell the retail service for more money than the wholesale price and
therefore collect higher USF funds. However, the loop whole for the ISP was
that once they were exempt with their upstream, there was not much control to
verify how much USF the downstream ISP would collect or be required to collect.
For example, if the reseller ISP only sold information services "Internet
Access", the ISP would never collect or pay USF. So, the above quoted clause
did away with that loophole, by adding section (2), now making it a requirement
that the wholesaler reasonably expect the reseller to pay into the USF based on
revenues from those offerings. Meaning Wholesalers could make downstream ISPs
prove they are paying into USF before allowing exemption.
Tom DeReggi
RapidDSL & Wireless, Inc
IntAirNet- Fixed Wireless Broadband
----- Original Message -----
From: Faisal Imtiaz
To: WISPA General List
Sent: Tuesday, April 15, 2014 6:46 PM
Subject: [Spam] Re: [WISPA] CAF-USF-StateTax for WISPs
They all do..... (i.e. try to screw the ISP/NSP/WISP)....
Chase down the person in-charge of their Tax Dept, and ask them for ITNA Tax
Exemption Form....
:)
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 6:44:33 PM
Subject: Re: [WISPA] CAF-USF-StateTax for WISPs
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 <fai...@snappytelecom.net> 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: 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
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