58.1-647 - Definitions.
§ 58.1-647. Definitions.
Terms used in this chapter shall have the same meanings as those used inChapter 6 of this title, unless defined otherwise, as follows:
"Cable service" means the one-way transmission to subscribers of (i) videoprogramming as defined in 47 U.S.C. § 522(20) or (ii) other programmingservice, and subscriber interaction, if any, which is required for theselection of such video programming or other programming service. Cableservice does not include any video programming provided by a commercialmobile service provider as defined in 47 U.S.C. § 332(d) and anydirect-to-home satellite service as defined in 47 U.S.C. § 303(v).
"Call-by-call basis" means any method of charging for telecommunicationsservices where the price is measured by individual calls.
"Coin-operated communications service" means a communications service paidfor by means of inserting coins in a coin-operated telephone.
"Communications services" means the electronic transmission, conveyance, orrouting of voice, data, audio, video, or any other information or signals,including cable services, to a point or between or among points, by orthrough any electronic, radio, satellite, cable, optical, microwave, or othermedium or method now in existence or hereafter devised, regardless of theprotocol used for the transmission or conveyance. The term includes, but isnot limited to, (i) the connection, movement, change, or termination ofcommunications services; (ii) detailed billing of communications services;(iii) sale of directory listings in connection with a communications service;(iv) central office and custom calling features; (v) voice mail and othermessaging services; and (vi) directory assistance.
"Communications services provider" means every person who providescommunications services to customers in the Commonwealth and is or should beregistered with the Department as a provider.
"Cost price" means the actual cost of the purchased communications servicecomputed in the same manner as the sales price.
"Customer" means the person who contracts with the seller of communicationsservices. If the person who utilizes the communications services is not thecontracting party, the person who utilizes the services on his own behalf oron behalf of an entity is the customer of such service. "Customer" does notinclude a reseller of communications services or the mobile communicationsservices of a serving carrier under an agreement to serve the customeroutside the communications service provider's licensed service area.
"Customer channel termination point" means the location where the customereither inputs or receives the private communications service.
"Information service" means the offering of a capability for generating,acquiring, storing, transforming, processing, retrieving, using, or makingavailable information via communications services for purposes other than theelectronic transmission, conveyance, or routing.
"Internet access service" means a service that enables users to accesscontent, information, electronic mail, or other services offered over theInternet, and may also include access to proprietary content, information,and other services as part of a package of services offered to users."Internet access service" does not include telecommunications services,except to the extent telecommunications services are purchased, used, or soldby a provider of Internet access to provide Internet access.
"Place of primary use" means the street address representative of where thecustomer's use of the communications services primarily occurs, which must bethe residential street address or the primary business street address of thecustomer. In the case of mobile communications services, the place of primaryuse shall be within the licensed service area of the home service provider.
"Postpaid calling service" means the communications service obtained bymaking a payment on a call-by-call basis either through the use of a creditcard or payment mechanism such as a bank card, travel card, debit card, or bya charge made to a telephone number that is not associated with theorigination or termination of the communications service.
"Prepaid calling service" means the right to access exclusivelycommunications services, which must be paid for in advance and which enablesthe origination of calls using an access number or authorization code,whether manually or electronically dialed, and that is sold in predeterminedunits or dollars that decrease in number with use.
"Private communications service" means a communications service thatentitles the customer or user to exclusive or priority use of acommunications channel or group of channels between or among channeltermination points, regardless of the manner in which such channel orchannels are connected, and includes switching capacity, extension lines,stations, and any other associated services that are provided in connectionwith the use of such channel or channels.
"Retail sale" or a "sale at retail" means a sale of communicationsservices for any purpose other than for resale or for use as a component partof or for the integration into communications services to be resold in theordinary course of business.
"Sales price" means the total amount charged in money or otherconsideration by a communications services provider for the sale of the rightor privilege of using communications services in the Commonwealth, includingany property or other services that are part of the sale. The sales price ofcommunications services shall not be reduced by any separately identifiedcomponents of the charge that constitute expenses of the communicationsservices provider, including but not limited to, sales taxes on goods orservices purchased by the communications services provider, property taxes,taxes measured by net income, and universal-service fund fees.
"Service address" means, (i) the location of the telecommunicationsequipment to which a customer's call is charged and from which the calloriginates or terminates, regardless of where the call is billed or paid. Ifthe location is not known in clause (i), "service address" means (ii) theorigination point of the signal of the telecommunications system or ininformation received by the seller from its service provider, where thesystem used to transport such signals is not that of the seller. If thelocation is not known in clauses (i) and (ii), the service address means(iii) the location of the customer's place of primary use.
(2006, c. 780.)