Laws: Cases and Codes : U.S. Code: Title 4 : Section 124


   
U.S. Code as of: 01/3/05
Section 124. Definitions

      In sections 116 through 126 of this title:
        (1) Charges for mobile telecommunications services. - 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.
        (2) Customer. - 
          (A) In general. - The term "customer" means - 
            (i) the person or entity that contracts with the home
          service provider for mobile telecommunications services; or
            (ii) 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.

          (B) The term "customer" does not include - 
            (i) a reseller of mobile telecommunications service; or
            (ii) a serving carrier under an arrangement to serve the
          customer outside the home service provider's licensed service
          area.

        (3) Designated database provider. - The term "designated
      database provider" means a corporation, association, or other
      entity representing all the political subdivisions of a State
      that is - 
          (A) responsible for providing an electronic database
        prescribed in section 119(a) if the State has not provided such
        electronic database; and
          (B) 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.

        (4) Enhanced zip code. - The term "enhanced zip code" means a
      United States postal zip code of 9 or more digits.
        (5) Home service provider. - The term "home service provider"
      means the facilities-based carrier or reseller with which the
      customer contracts for the provision of mobile telecommunications
      services.
        (6) Licensed service area. - 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.
        (7) Mobile telecommunications service. - 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.
        (8) Place of primary use. - 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 - 
          (A) the residential street address or the primary business
        street address of the customer; and
          (B) within the licensed service area of the home service
        provider.

        (9) Prepaid telephone calling services. - 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.
        (10) Reseller. - The term "reseller" - 
          (A) 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
          (B) 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.

        (11) Serving carrier. - 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.
        (12) Taxing jurisdiction. - 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.



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