We are Nevada based interstate and international telegram (record carrier) business. For close to a century, record carrier services have been regulated and controlled by federal law, (cites omitted). In 1981, Congress enacted the Record Carrier Competition Act ("RCCA"), and codified it as part of the Communications Act. See 47 U.S.C. S 222 (repealed October 25, 1994, Pub.L. 103-414, 10888 Stat 4297). The RCCA provided additional evidence of Congress' intent to preempt state regulation of record carrier services, including regulation that may affect entry into the record carrier communications market. With respect to the issue of state regulation, RCCA expressly provided that "each record carrier may provide record communications service in the domestic market..." and defined a "record carrier" as "a common carrier engaged in the offering for hire of any record communications service, including service on interstate network facilities between two points located in the same State.” 47 U.S.S. S 222(a)(2) (emphasis added). All telegraphic traffic today is interstate and travels over interstate networks even if originating and terminating within the same state. California accepted that regulatory jurisdiction over record carriers is preempted when the CA PUC de-tariffed telegraph service (Resolution No. T-10745 September 30, 1983) shortly after the enactment of the Record Carrier Competition Act (“RCCA”) 47 U.S.C. 201 (repealed October 25, 1994, Pub L. 103-414, 10888 Stat 4297) We are about to sign a CA lease for a commercial property with a residential unit. We would like to lease the aforementioned CA property with our existing Nevada Corporation absent a CA foreign registration, if legally permitted per, Ca Corporations Code Section 191, for the purpose of holding meetings of our board or shareholders, carrying on other activities concerning our internal affairs and other activities which does not constitute transacting intrastate business in CA such as the handling of interstate and international telegraphic traffic. If we additionally permit our officers to be used and/or lived in the residential unit by our officers would that constitute doing business in CA from our perspective as a Nevada Corporation Tenant? Also, if we allow a CA Corporation to use our offices for their business (primarily telegraphic but may also involve non telegraphic intrastate activities, would that constitute doing business in CA for our Nevada Corporation as a lessor? In both cases we would not accept rent for such use. Further, our Nevada Corporation would receive no revenue from any CA activity. If the answer to permitting a CA corporation to use the premise to conduct business constitutes doing business in CA for us as a Nevada Corporation lessor, would that not be the case if the CA Corporation limits such usage to interstate business?
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