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‘‘Place Your Bets!’’

The Kirksville City Council approved a resolution March 17 to join other Missouri cities in a lawsuit against wireless phone service providers operating throughout the state. The litigation proposes that national and major regional wireless telephone companies be required to pay a 5 percent tax for provided telephone service. “It is in the best interest of the community to participate in pursuing litigation,” said Mayor Ed Carpenter at the city council meeting. Missouri law allows counties and cities to impose, by ordinance, a sales tax upon goods and services. The Missouri Public Service Commission, in turn, has authorized utility companies to add, as a separate item on the utility bill of the customer, a charge equal to the proportionate part of any tax or fee imposed upon the company by local taxing authorities, according to the Missouri Public Service Commission’s Consumer Services Department. Companies in Kirksville and other cities previously have been required to pay a gross receipts tax to the community for any “exchange telephone” services. With the rapid evolution of wireless technology, however, discrepancies have arisen as to whether this should include cellular telephones. “What the lawsuit basically boils down to is the terminology used in city ordinances and the definition of telephone service,” said Mari Macomber, Kirksville economic and community development director and interim city manager. Wireless phone service carriers have attempted to dismiss the lawsuit, which already has been filed in the Missouri court system. The actual charge most likely will be relayed to their customers. It is difficult to tell right now if and how much the gross receipts tax would affect the bills of cell phone users in Kirksville. “We’re not really clear on what’s going on,” said Brian Gabbert, agent at U.S. Cellular. “Last time we heard, I believe the case was dropped; however, we usually find out about these things the last minute and the hard way.” John Mulligan, city attorney for University City, Mo., has urged Missouri cities to join in the litigation, which is the second suit in this legal action, according to Kirksville city documents. The first suit, filed Dec. 31, 2001, still is unresolved and includes the cities of Blue Springs, Cape Girardeau, Chesterfield, Dexter, Ellisville, Ferguson, Florissant, Gladstone, Independence, Jennings, Kirkwood, Manchester, Maplewood, Maryland Heights, Northwood, O’Fallon, St. Joseph, University City, Venita Park, Warson Woods, Wellston and Winchester. The second suit will involve Bontaire, Clayton, Farmington, Fenton, Glendale, Grandview, Jackson, Kansas City, Kirksville, Ladue, Lee’s Summit, Neosho, St. John and Springfield. Mulligan has invited additional cities to participate. Mulligan estimates that Kirksville’s involvement in the lawsuit, which already has been filed in the Missouri court system, would cost an initial $3,114 in legal expenses depending on the number of cities that ultimately collaborate. But he said successful legal action could result in about $128,144 annually for the city. This revenue would be put in Kirksville’s general fund, which pays for things such as street crews, fire, police and streetlights, Macomber said. Wireless carriers involved include major companies such as AT&T, Sprint PCS, Nextel, Cingular, VoiceStream Wireless, Verizon and MCI WorldCom, Macomber said. It is uncertain when the lawsuit will be resolved. Some of these companies may settle before it gets to the point of trial, however. “There are a couple companies that are paying under protest,” Macomber said. “AT&T and VoiceStream Wireless are paying the license tax under protest to the cities named in the first lawsuit. This tax is being collected from the companies by their customers on a pass-through basis and then paid to the cities.” A major question in this litigation is whether the tax will affect wireless use. “If these taxes are put into effect, they’re probably going to run a lot of [wireless customers] out of here,” Gabbert said. Freshman Kristen Carson said that a higher tax may affect how much she uses her cell phone, but that she would still use it. “I’m usually on roam, though, so I use a calling card more than anything,” Carson said. Rebecca Knefelkamp