Title 47Telegraphs, Telephones, and RadiotelegraphsRelease 119-73not60

§1510 Wireless Telecommunications Tax and Fee Collection Fairness

Title 47 › Chapter 14— MAKING OPPORTUNITIES FOR BROADBAND INVESTMENT AND LIMITING EXCESSIVE AND NEEDLESS OBSTACLES TO WIRELESS › § 1510

Last updated Apr 5, 2026|Official source

Summary

States and local governments cannot make a person who does not live in that state and whose main business is not there collect or pay a state or local tax, fee, or surcharge on a wireless phone service sale unless the collection happens as part of a money transaction (for example, when the buyer gives cash, credit, or other payment to the collector). Definitions: Financial transaction — when the buyer gives cash, credit, or other payment to the person who must collect the charge. Local jurisdiction — a smaller government inside a State (like a city or county). State — any State, the District of Columbia, or a U.S. territory. State or local jurisdiction — any government or person acting for them that can impose taxes or fees. Wireless telecommunications service — commercial mobile phone service. Anyone harmed by a violation can sue in U.S. district court to stop the illegal collecting. Federal courts can order injunctions, temporary relief, and decisions to prevent or end the violation, no matter the amount or who the parties are.

Full Legal Text

Title 47, §1510

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)This section may be cited as the “Wireless Telecommunications Tax and Fee Collection Fairness Act”.
(b)In this section:
(1)The term “financial transaction” means a transaction in which the purchaser or user of a wireless telecommunications service upon whom a tax, fee, or surcharge is imposed gives cash, credit, or any other exchange of monetary value or consideration to the person who is required to collect or remit the tax, fee, or surcharge.
(2)The term “local jurisdiction” means a political subdivision of a State.
(3)The term “State” means any of the several States, the District of Columbia, and any territory or possession of the United States.
(4)The term “State or local jurisdiction” includes any governmental entity or person acting on behalf of a State or local jurisdiction that has the authority to assess, impose, levy, or collect taxes or fees.
(5)The term “wireless telecommunications service” means a commercial mobile radio service, as defined in section 20.3 of title 47, Code of Federal Regulations, or any successor thereto.
(c)(1)A State, or a local jurisdiction of a State, may not require a person who is neither a resident of such State or local jurisdiction nor an entity having its principal place of business in such State or local jurisdiction to collect from, or remit on behalf of, any other person a State or local tax, fee, or surcharge imposed on a purchaser or user with respect to the purchase or use of any wireless telecommunications service within the State unless the collection or remittance is in connection with a financial transaction.
(2)Nothing in this subsection shall be construed to affect the right of a State or local jurisdiction to require the collection of any tax, fee, or surcharge in connection with a financial transaction.
(d)(1)Any person aggrieved by a violation of subsection (c) may bring a civil action in an appropriate district court of the United States for equitable relief in accordance with paragraph (2) of this subsection.
(2)Notwithstanding section 1341 of title 28, or the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to the amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain, or terminate any acts in violation of subsection (c).

Reference

Citations & Metadata

Citation

47 U.S.C. § 1510

Title 47Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 5, 2026

Release point: 119-73not60