Here's an 18.2% Tax You May Not Even Know About!
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The FCC has just announced that the so-called surcharge that feeds the agency's Universal Service Fund ("USF") has been increased to 18.2% for the first quarter of 2016. This "surcharge"—really a tax, for all practical purposes—is applied to all long-distance and international telephone calls, including mobile calls, and is used to provide subsidies to support high-cost areas, schools and libraries, and low-income persons.
The surcharge, which has increased from just over 6% in 2001 to over 18% today supports almost $8 billion is subsidy disbursements per year. And if the FCC moves forward with its plans to expand the subsidy program to support broadband serivces (rather than just voice) for low-income persons, then the amount of annual subsidies—and the size of the USF "tax"—could increase even further.
The FCC requires the telecom providers who collect the tax to label it a fee or surcharge on consumers' telecom bills. You have to look carefully on your bill to find the amount of the surcharge you're paying.
As my colleague Seth Cooper explains in a new blog post, "FCC Hits Consumers With New Year's USF Tax Hike," the whole USF subsidy program is problematic "because the rate is assessed and the money is collected and spent outside the control and accountability of Congress." This is a way, "dodging the constitutional maxim of 'no taxation without representation.'"
There is much more about the operation of the USF program, and its history, in Seth Cooper's blog.
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.