§ 124. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 4USC124]
TITLE 4--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 4--THE STATES
Sec. 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.
(Added Pub. L. 106-252, Sec. 2(a), July 28, 2000, 114 Stat. 631.)
Effective Date; Application of Amendment
Section effective July 28, 2000, and applicable only to customer
bills issued after the first day of the first month beginning more than
2 years after July 28, 2000, see section 3 of Pub. L. 106-252, set out
as a note under section 116 of this title.
Section Referred to in Other Sections
This section is referred to in sections 116, 117, 118, 121, 122,
123, 125, 126 of this title.
