4 U.S.C. § 124 — Definitions
submitted 26 years ago by Pub. L. 106-252 to r/title-4-FLAG-AND-SEAL-SEAT-OF-GOVERNMENT-AND-THE-STATES · 694 words · no verdicts yet
This section defines the key terms used throughout the mobile phone tax law — things like "customer," "home service provider," "mobile telecommunications service," and especially "place of primary use," which must be the customer's home or main business address within their provider's licensed service area. It also defines related terms like "reseller," "serving carrier," and "taxing jurisdiction."
In sections 116 through 126 of this title:
The term “charges for mobile telecommunications services” means any charge for, or associated with, the provision of commercial mobile radio service, as defined in section 20.3 of title 47 of the Code of Federal Regulations as in effect on June 1, 1999, or any charge for, or associated with, a service provided as an adjunct to a commercial mobile radio service, that is billed to the customer by or for the customer’s home service provider regardless of whether individual transmissions originate or terminate within the licensed service area of the home service provider.
The term “customer” means—
the person or entity that contracts with the home service provider for mobile telecommunications services; or
if the end user of mobile telecommunications services is not the contracting party, the end user of the mobile telecommunications service, but this clause applies only for the purpose of determining the place of primary use.
The term “customer” does not include—
a reseller of mobile telecommunications service; or
a serving carrier under an arrangement to serve the customer outside the home service provider’s licensed service area.
The term “designated database provider” means a corporation, association, or other entity representing all the political subdivisions of a State that is—
responsible for providing an electronic database prescribed in section 119(a) if the State has not provided such electronic database; and
approved by municipal and county associations or leagues of the State whose responsibility it would otherwise be to provide such database prescribed by sections 116 through 126 of this title.
The term “enhanced zip code” means a United States postal zip code of 9 or more digits.
The term “home service provider” means the facilities-based carrier or reseller with which the customer contracts for the provision of mobile telecommunications services.
The term “licensed service area” means the geographic area in which the home service provider is authorized by law or contract to provide commercial mobile radio service to the customer.
The term “mobile telecommunications service” means commercial mobile radio service, as defined in section 20.3 of title 47 of the Code of Federal Regulations as in effect on June 1, 1999.
The term “place of primary use” means the street address representative of where the customer’s use of the mobile telecommunications service primarily occurs, which must be—
the residential street address or the primary business street address of the customer; and
within the licensed service area of the home service provider.
The term “prepaid telephone calling service” means the right to purchase exclusively telecommunications services that must be paid for in advance, that enables the origination of calls using an access number, authorization code, or both, whether manually or electronically dialed, if the remaining amount of units of service that have been prepaid is known by the provider of the prepaid service on a continuous basis.
The term “reseller”—
means a provider who purchases telecommunications services from another telecommunications service provider and then resells, uses as a component part of, or integrates the purchased services into a mobile telecommunications service; and
does not include a serving carrier with which a home service provider arranges for the services to its customers outside the home service provider’s licensed service area.
The term “serving carrier” means a facilities-based carrier providing mobile telecommunications service to a customer outside a home service provider’s or reseller’s licensed service area.
The term “taxing jurisdiction” means any of the several States, the District of Columbia, or any territory or possession of the United States, any municipality, city, county, township, parish, transportation district, or assessment jurisdiction, or any other political subdivision within the territorial limits of the United States with the authority to impose a tax, charge, or fee.
Source credit: (Added Pub. L. 106–252, § 2(a), July 28, 2000, 114 Stat. 631.)
- 2000Enacted · Pub. L. 106-252 · 114 Stat. 631
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-252 on 2000-07-28.
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