Bridge Span 13-6: Time for Wireless Tax Fairness

According to the National Broadband Map, as of June of last year, 99.8% of the population of the U.S. has access to wireless broadband.  The population covered by wire line access is 96.5%.  Saturation.

Adoption of broadband has been a bit different, uptake being around 70%.  One of the reasons cited by individuals for not subscribing to broadband is the cost.  An important factor in that total cost are the egregious, and ever escalating, state and local taxes.

In 1998, Congress saw that states were about to begin a tax binge on Internet access and attempt to layer on multiple or discriminatory taxes on anything to do with the Internet.  In response, and given its power in speaking to interstate issues, it passed the Internet Tax Fairness Act that protect against states taxing “the Internet.”

These days, as the numbers and simple observation show, people don’t run home to their personal computers to get online.  Instead they reach into their pockets, their purses or flip open their tablet accessing the broadband that they carry with them.  State tax authorities seized the opportunity, taxing telecommunications services via monopoly-era utility taxes causing tax rates on mobile “phones” to skyrocket.  Nationally, the average tax rate on wireless service is now at extortion levels of 17.2%, or 132% higher than the 7.4% average sales tax rate imposed upon other goods and services. 

And if the past is prologue the situation will only get worse, given that the effective rate of taxation on wireless services has increased three times faster than the rate on other taxable goods and services — a clear case of discriminatory treatment.

But that is not even the worst of it.  Specific localities are pushing the tax limits to new extremes.  For example, Baltimore City first imposed a $3.50 per line per month charge on inner city residents and now has increased the fee to $4.00.   Montgomery County, Maryland has increased their flat fee per wireless line from $2.00 to $3.50.  Some states even go for a double dip by charging a sales tax and then adding a 4% or 5% gross receipts tax on wireless services.  Others are simply disingenuous.  Wisconsin targeted wireless consumers to bear an additional monthly fee of $.75 labeled the “police and fire protection fee” even though the money solely goes to general revenue.

In sum, across the country mobile devices are taxed at obscene levels, driving up costs and driving down adoption with taxes higher than states place on pornography, alcohol or gambling winnings.   As they were in 1998, Congress has been compelled to act.

The Wireless Tax Fairness Act (H.R. 2309) was introduced this week in the U.S. House.  The Act would set in place a five-year moratorium on new or increased taxes on wireless telecommunications infrastructure and services.   More varied and efficient communications is the goal, communications of all sorts including voice, video and data.

If we are to truly achieve a national goal of greater broadband adoption, then states and their greedy tax policies cannot be allowed to discriminate against wireless communications.

Bridge Span 13-5: City of Arlington v. FCC Makes Us (Again) Aware of a Hard Truth

The City of Arlington v. FCC case results in a message we often hear but rarely take to heart, that is, agencies have the authority to fill in the gaps where legislation is unclear, or “ambiguous.”

Justice Scalia took an appropriate conservative route writing, “The question in every case is, simply, whether the statutory text forecloses the agency’s assertion of authority, or not.” But the ruling, particularly because the conservatives split the vote, caused much alarm.  I have to admit that the alarm struck me as odd, but then realized that some lessons are hard learned and often have to be learned more than once.

The lesson to be (re)learned is that legislation creates a better environment for investment because it is more predictable.  Legislation should always be preferred to regulation.  The notion that agencies can run riot where legislation is not clear is only one of the many problems of relying on regulation.  So it then follows that legislators should fully develop policy, leaving as little room for the regulators as possible.

Whining about what we already knew after the fact is a worthless exercise.  We can take the time to question whether Chevron deference is something we actually want, but at the same time we should be deciding how best get legislators to craft legislation that includes taking on the hard questions.

Likely we will always have the question of areas of ambiguity about agency reach so we will need to decide what to do with ambiguous legislation – perhaps just throw it out and tell the legislative branch to do its job?

For a press report on the case, read more at  http://www.reuters.com/article/2013/05/20/us-usa-court-agencies-idUSBRE94J0KB20130520

Of Oklahoma Tragedy, Kids and Dads

I am having a hard time working today.  I keep thinking about the tragedy in Oklahoma and the victims of tornado.  My heart has broken over and over as I try to put myself in the place of the parents whose kids have died.  Quite frankly, I can’t do it.  I cannot get past thinking that most of the kids who were killed are the exact same ages as my kids.  There is no way I can relate to that loss – my girls, no longer with me here on earth.

While I was dwelling on these thoughts, while trying to work, the song “Just Another Day in Paradise” played on Pandora.  If you don’t know the song, here are the lyrics http://www.cowboylyrics.com/lyrics/vassar-phil/just-another-day-in-paradise-9493.html.  My eyes filled with tears.  I know, I am a man and I am not supposed to tear up…but I am also a dad and I suppose there are few more appropriate responses.

Not that I am shy about showing my “feelings.”  I get frustrated that the kids don’t listen to their mom as they should.  It annoys me that I have to tell them hundreds of times to turn off lights and to do their chores.  I am righteously indignant when they do not play soccer or softball to what I know is their greatest potential.  And I get ticked off when they miss test questions because they are rushing instead of using the brains I know they have somewhere.   I am grouchy when I wake up from a night of the kids in bed when they insist on sleeping sideways with their knees, elbows and feet in my ribs.  Dad “feelings.”

To be fair to myself I hug them tight, I listen to them and try to be as helpful as I can when I hear that their feelings were hurt by the words or actions of another nine year old.  I do make it a priority to attend their games and events, to teach them our family’s traditions, to help them understand that Jesus loves them always.  To snuggle on the couch, to teach them for school and for life, and I do all I can to show them not just tell them that they are loved completely.  I am hopeful that other dads can relate.

I know those Oklahoma dads wish that they could be woken up in the middle of the night one more time because someone was about to be sick.  They wish they had one more morning of utter chaos when five minutes before you must leave for school someone remembers they had homework due.  Would give all they were worth for another dusty, windy, sunburned, long day at a soccer tournament.  They would give their own lives for one more cuddle on the couch.

Father’s Day will come this year, and I will be watching baseball at the ballpark with my family.  The girls will think it is special because it is about Father’s Day and so, to them, it is about me.  What I know as a father is that they day is special because of them.  It is one more day that  I get to be 12 foot tall with a cape.  I will never tire of those days.  But those superheroes in Oklahoma will wonder from where they will derive their superpowers.  They will wish for one more day to be 12 foot tall.

For some reason I will never exactly understand I have been blessed with a family and particularly a wife and two girls that I do not deserve, thank my Lord.  I bet many dads are in the same place.

Lord, please protect my family tonight and always, and every day comfort the hearts of those who have lost their children. Amen.