§239-22 - Definitions.
[§239-22] Definitions. As usedin sections 239-21 to 239-25:
"Charges for mobile telecommunicationsservices" means any charge for, or associated with, the provision ofcommercial mobile radio service, as defined in Title 47 Code of FederalRegulations section 20.3 as in effect on June 1, 1999, or any charge for, orassociated with, a service provided as an adjunct to a commercial mobile radioservice, that is billed to the customer by or for the customer's home serviceprovider regardless of whether individual transmissions originate or terminatewithin the licensed service area of the home service provider.
"Customer" means:
(1) The person or entity that contracts with the homeservice provider for mobile telecommunications services; or
(2) If the end user of mobile telecommunicationsservices is not the contracting party, "customer" means the end userof the mobile telecommunications service; provided that this paragraph shallapply only for the purpose of determining the place of primary use. Withoutimplication for the general definition of "customer", the term doesnot include:
(A) A reseller of mobile telecommunicationsservice; or
(B) A serving carrier under an arrangement toserve the customer outside the home service provider's licensed service area.
"Home service provider" means thefacilities-based carrier or reseller with which the customer contracts for theprovision of mobile telecommunications services.
"Licensed service area" means thegeographic area in which the home service provider is authorized by law orcontract to provide commercial mobile radio service to the customer.
"Mobile telecommunications service"means commercial mobile radio service, as defined in Title 47 Code of FederalRegulations section 20.3 as in effect on June 1, 1999.
"Place of primary use" means thestreet address representative of where the customer's use of the mobiletelecommunications service primarily occurs, which must be:
(1) The residential street address or the primarybusiness street address of the customer; and
(2) Within the licensed service area of the homeservice provider.
"Prepaid telephone calling service"means the right to purchase exclusively telecommunications services that mustbe paid for in advance, that enables the origination of calls using an accessnumber, authorization code, or both, whether manually or electronically dialed,if the remaining amount of units of service that have been prepaid is known bythe provider of the prepaid service on a continuous basis.
"Reseller":
(1) Means a provider who purchases telecommunicationsservices from another telecommunications service provider and then resells,uses as a component part of, or integrates the purchased services into a mobiletelecommunications service; and
(2) Does not include a serving carrier with which ahome service provider arranges for the services to its customers outside thehome service provider's licensed service area.
"Serving carrier" means afacilities-based carrier providing mobile telecommunications service to acustomer outside a home service provider's or reseller's licensed service area.
"Taxing jurisdiction" means any ofthe several states, the District of Columbia, or any territory or possession ofthe United States, any municipality, city, county, township, parish,transportation district, or assessment jurisdiction, or other politicalsubdivision within the territorial limits of the United States with theauthority to impose a tax, charge, or fee. [L 2002, c 209, pt of §2]