>From our Metro Ethernet network
      _____  

  From: Matt Hoppes [mailto:mhop...@indigowireless.com]
To: WISPA General List [mailto:wireless@wispa.org]
Sent: Wed, 16 Apr 2014 12:41:22 -0400
Subject: Re: [WISPA] CAF-USF-StateTax for WISPs

So you got the USF tax removed from your Comcast transport circuit?


Matt Hoppes
Director of Information Technology
Indigo Wireless
+1 (570) 723-7312

On 4/16/14, 12:30 PM, ralph wrote:
> We did this, and won.
> 
> Still trying to get credit for what was paid before we squeaked.
> 
> 
> 
> *From:*wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org]
> *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 <fai...@snappytelecom.net
> <mailto: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 <mailto:supp...@snappytelecom.net>
> 
> 
> 
> ------------------------------------------------------------------------
> 
> *From: *"Matt Hoppes" <mhop...@indigowireless.com
> <mailto:mhop...@indigowireless.com>>
> *To: *"WISPA General List" <wireless@wispa.org
> <mailto: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
> <mailto: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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