We did this, and won.

Still trying to get credit for what was paid before we squeaked.

 

From: [email protected] [mailto:[email protected]] On
Behalf Of Kristian Hoffmann
Sent: Tuesday, April 15, 2014 9:06 PM
To: WISPA General List
Subject: Re: [WISPA] CAF-USF-StateTax for WISPs

 

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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