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North American Network Operators Group Date Prev | Date Next | Date Index | Thread Index | Author Index | Historical San Jose UUT?
Looking to fill the NANOG US Thanksgiving void (as a Canadian in the USA, I have some spare time): In San Jose, an upstream is charging us this 5% tax: http://www2.csjfinance.org/UUT.asp I think it's bogus, because the tax "applies to intrastate telephone communications only" and, consistent with the long-standing FCC 128 tariff, Internet circuits are regarded has being interstate and not intrastate. But the upstream says: >> Our tax advisors at Deloitte have confirmed that we are required to >> charge the San Jose User Utility Tax shown on your invoice. >> The Internet Tax Freedom Act exemption is not applicable to our >> services as this exemption is for internet access only, not >> bandwidth usage. I think the last sentence is not relevant, but even if it is relevant, is it correct? I note that wikipedia says: >> This law bars federal, state and local governments from taxing >> Internet access and from imposing discriminatory Internet-only >> taxes such as bit taxes, BANDWIDTH TAXES, and email taxes. I know, IANAL, YANAL, Wiki is not a lawyer... but I figure someone else must have previously dealt with this (or something very close). Thanks, -mark
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