2003 LEGISLATIVE PROGRAM
Following is The Business Council's 2003 Legislative Program. It identifies priority issues to be addressed by the Committees and Councils during 2003.
- Actively promote regulatory and tax reform to encourage increased investment and competition in New York's telecommunications and information technology industries.
the gross receipts and sales taxes on telecommunications services to
conform to national, uniform sourcing rules for determining which jurisdiction
a transaction occurs for tax purposes and clarify the tax treatment
of charges for telecommunications aggregated with nontaxable charges
- Support legislation that would apply existing statutory reductions of section 183-3 of the tax law to all telecommunication carriers. Current law penalizes corporations that pay dividends on the par value of capital stock in the amount of six percent or more and have more than one million access lines.
- Assure full recovery of expenses incurred by PSC-regulated
entities in response to the 9/11 terrorist attacks, including costs
related to provision of emergency utility service, site cleanup, personnel
expenses and the replacement of buildings, facilities and equipment,
as well as costs necessary to enhance the security of utility services.
- Support the consolidation & simplification of
remittance filings to streamline local tax payments.
- Continue expansion of the current Section 115 (12A)
sales and use tax exemption for telecommunications equipment to include
testing, training, billing and other ancillary equipment, and energy
required for providing telecommunication services.
- Oppose legislation which increases or imposes new
surcharges on telecommunications companies and their customers which
fund social programs, and state or local government.
- Support legislation that eliminates the Gross Receipts Tax (GRT)
- section 186a of Article 9 of the NYS Tax Law applicable to revenues
of utilities subjected to the supervision of the Public Service Commission.
- Support legislation which would reform Article 9 taxation and reduce
the tax burden on telecommunication customers.
- Property taxes paid by New York's telecommunication corporations
are excessive when compared to parallel corporations in other states
and other corporations within New York. Given the adverse impact of
this disparity on New York's competitive position, we support appropriate
legislation to ameliorate this unfair burden borne by telecommunication
corporations and their customers to achieve equity and parity with other
state's in the country.
- Support legislation which immediately removes all telecommunication services from taxation under gross earnings (§184 of the New York State Tax Law).
- Support an investment tax credit to provide companies with a deduction for leased equipment.
legislation that provides all telecommunication carriers with unfettered
and uniform access to public rights-of-way at a cost that reflects only
the actual and direct costs incurred in managing the public rights-of-way
used by the carrier. Access should be provided in a reasonable and fixed
period of time from the date a request for such access is made by a
legislation which makes it a felony for interfering with a person's
ability to connect with an emergency service provided by intentionally
damaging a telephone line.
legislation that attempts to secure Anti-Joint Bidding legislation.
Support legislation which provides for "Joint-Bidding."
legislation that would set a uniform statewide process for municipal
review of the siting and construction of wireless service facilities.
legislation that would allow a municipal corporation to recover damages
caused by acts of nature or similar unforeseen circumstances from telecommunication,
wireless and cable companies.
legislation that would restrict consumer access to "10-10 dial around"
long distance services or require additional disclosure of such long
distance rates by telecommunications and local exchange carriers.
legislation that would establish an effective and cost-efficient statewide
wireless emergency telecommunication system.
- Oppose legislation that would regulate service quality standards of telecommunication corporations.