TW Telecom of Oregon LLC has asked the U.S. Supreme Court to Review the Fairness Oregon's Franchise Fees Imposed on Phone Companies

Tuesday, October 27th, 2009

 
 
Share
Link
Oregon
General

Portland permits phone companies to do business in the city only after the companies register for and pay a franchise fee. This fee permits the phone companies the right to access Portland's right of ways (the areas where wires, etc. are buried in order to provide phone access to customers across the city).

TW Telecom brought a suit to Federal court arguing that Portland unfairly administers its franchise fees on phone companies. It cited several instances where Portland subjectively permitted certain phone companies the right to reduce its franchise fee burden. Its case is based on a federal law (47 U.S.C. Sec. 253) that prohibits state or local governments from receiving compensation to public right of ways in a discriminatory manner.

The Ninth Circuit Federal Court of Appeals did not rule in TW Telecom's favor - based on other issues involved in the case.

TW is now asking the U.S. Supreme Court to review the case.

TW's Argument: Portland requires all phone companies to pay a franchise fee. Portland is not consistent in its application of its franchise fee; more specifically, Portland permits certain phone companies the ability to deduct certain revenues from taxation while other phone companies have to pay more fees - TW argues that this is done in a discriminatory and unfair manner.


About TTR

Transaction (buying or selling things), Tax (the tax on this activity), Resources (our people, our website, our support services) - TTR, Inc.

TTR has a website that companies subscribe to and use daily. This website provides a list of everything that can be bought or sold in the U.S. It provides simple answers to whether buying or selling these items is taxable (subject to a sales tax or other tax), and it provides all the legal authority to support these tax answers.

TTR likes to keep things simple and fun, which is why it has great people who provide help to clients on any support questions they have about transaction tax issues.

Please visit TTR on the web at www.ttrus.com or call 866.578.8193.

New York Adopts New Economic Nexus Rule

Wednesday, January 23rd, 2019 -Effective January 2019, a retailer located outside of New York is required to collect use tax if, during the p...

New Commercial Farmer Certification Process in Louisiana

Monday, January 21st, 2019 -Effective January, 15, 2019, the Louisiana Department of Revenue has a new certification process for commercia...

Service Repairs to Petroleum Storage Tanks Exempt in...

Friday, January 18th, 2019 -Louisiana's Board of Tax Appeals recently ruled that repairs on petroleum storage tanks were not taxable. ...

Nevada Exempts Feminine Hygiene Products in 2019

Wednesday, January 16th, 2019 -Last year, Nevada voters approved via ballot measure changes to the Sales and Use Tax Act of 1955. Voters amen...

Cleaning of Beer-Tap Lines Not Taxable in Ohio

Monday, January 14th, 2019 -The Supreme Court of Ohio recently ruled that cleaning beer-tap lines is not taxable. The taxpayer was...

Louisiana Court of Appeals Finds Marketplace Facilitators...

Friday, January 11th, 2019 -The Louisiana Court of Appeals has recently addressed the sales tax liability of marketplace facilitators. A c...