HRS § 239-22 — Bill


House Bill
[§239-22] Definitions. As used
in sections 239-21 to 239-25:
"Charges for mobile telecommunications
services" means any charge for, or associated with, the provision of
commercial mobile radio service, as defined in title 47 Code of Federal
Regulations section 20.3 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.
"Customer" means:
(1) The person or entity that contracts with the home
service provider for mobile telecommunications services; or
(2) If the end user of mobile telecommunications
services is not the contracting party, "customer" means the end user
of the mobile telecommunications service; provided that this paragraph shall
apply only for the purpose of determining the place of primary use. Without
implication for the general definition of "customer", the term does
not include:
(A) A reseller of mobile telecommunications
service; or
(B) A serving carrier under an arrangement to
serve the customer outside the home service provider's licensed service area.
"Home service provider" means the
facilities-based carrier or reseller with which the customer contracts for the
provision of mobile telecommunications services.
"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.
"Mobile telecommunications service"
means commercial mobile radio service, as defined in title 47 Code of Federal
Regulations section 20.3 as in effect on June 1, 1999.
"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:
(1) The residential street address or the primary
business street address of the customer; and
(2) Within the licensed service area of the home
service provider.
"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.
"Reseller":
(1) 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
(2) 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.
"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.
"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 other political
subdivision within the territorial limits of the United States with the
authority to impose a tax, charge, or fee.