139.195 Definitions for KRS 139.105, 139.200, 139.215, and 139.775. - Kentucky Statutes

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Page 1 of 5 139.195 Definitions for KRS 139.105, 139.200, 139.215, and 139.775. As used in KRS 139.105, 139.200, 139.215, and 139.775:
(1) "Ancillary services" means services that are associated with or incidental to the provision of telecommunications services, including caller ID services, detailed
telecommunications billing, directory assistance, vertical services, conference
bridging services, and voice mail services; (2) "Air-to-ground radiotelephone service" means a radio service, as defined in 47 C.F.R. 22.99, in which common carriers are authorized to offer and provide radio
telecommunications service for hire to subscribers in aircraft; (3) "Call-by-call basis" means any method of charging for telecommunications services where the price is measured by individual calls; (4) "Communications channel" means a physical or virtual path of communications over which signals are transmitted between or among customer channel termination
points; (5) (a) "Communications service" means telecommunications services and ancillary services. (b) "Communications service" does not include the sale of communications service to a communications provider that is buying the communications
service for sale or incorporation into a communications service for sale if:
1. The seller separately itemizes the charges for these services on the bill
provided to the purchaser; or 2. The seller can identify, by reasonable and verifiable standards, the
charges for these services from its books and records kept in the regular
course of business for other purposes including nontax purposes. These
services include:
a. Carrier access charges, excluding user access fees; b. Right of access charges; c. Interconnection charges paid by the provider of mobile
telecommunications services or other communications providers; d. Charges for the sale of unbundled network elements as defined in
47 U.S.C. sec. 153(29) on January 1, 2001, to which access is
provided on an unbundled basis in accordance with 47 U.S.C. sec.
251(c)(3); and e. Charges for use of facilities for providing or receiving
communications service; (6) "Conference bridging services" means an ancillary service that links two (2) or more participants of an audio or video conference call and may include the
provision of a telephone number. "Conference bridging services" does not include
the telecommunications services used to reach the conference bridge; (7) "Customer" means the person or entity that contracts with the seller of communications services. If the end user of communications services is not the
contracting party, the end user of the communications service is the customer of the Page 2 of 5 communications service, but only as it applies to the sourcing of the sale of
communications services as provided in KRS 139.105. "Customer" does not include
a reseller of communications service or a serving carrier providing mobile
telecommunications service under an agreement to serve the customer outside the
home service provider's licensed service area; (8) "Customer channel termination point" means the location where the customer or other purchaser either inputs or receives communications; (9) "Detailed telecommunications billing service" means an ancillary service of separately stated information pertaining to individual calls on a customer's billing
statement; (10) "Directory assistance" means an ancillary service of providing telephone number information or address information; (11) "End user" means the person who utilized the communications service. In the case of an entity, "end user" means the individual who utilized the service on behalf of
the entity; (12) "Fixed wireless service" means a telecommunications service that provides radio communications between fixed points; (13) "Home service provider" means the same as provided in 4 U.S.C. sec. 124(5);
(14) "International" means a service that originates or terminates in the United States and terminates or originates outside the United States, respectively. United States
includes the District of Columbia or a United States territory or possession; (15) "Interstate" means a service that originates in one (1) state of the United States or a United States territory or possession and terminates in a different state of the United
States or United States territory or possession; (16) "Intrastate" means a service that originates in one (1) state of the United States or a United States territory or possession and terminates in the same state of the United
States or a United States territory or possession; (17) "Mobile telecommunications service" means the same as provided in 4 U.S.C. sec. 124(7); (18) "Mobile wireless service" means a telecommunications service that is transmitted, conveyed, or routed regardless of the technology used, whereby the origination and
termination points or the origination or termination points of the transmission,
conveyance, or routing are not fixed, including, by the way of example only,
telecommunications services that are provided by a commercial mobile radio
service provider; (19) "Paging service" means a telecommunications service that provides a transmission of coded radio signals for the purpose of activating specific pagers. Such
transmissions may include messages or sounds; (20) "Pay telephone service" means a telecommunications service provided through any pay telephone; (21) "Place of primary use" means the street address where the customer's or other purchaser's use of the communications service primarily occurs, and that is the Page 3 of 5 residential street address or the primary business street address of the customer or
other purchaser. In the case of mobile telecommunications service, "place of
primary use" shall be within the licensed service area of the home service provider; (22) "Postpaid calling service" means a telecommunications service obtained by making a payment on a call-by-call basis either through the use of a credit card or payment
mechanism such as a bank card, travel card, credit card, or debit card, or by charge
made to a telephone number not associated with the origination or termination of
the telecommunications service. A postpaid calling service includes a
telecommunications service, except a prepaid wireless calling service, that would be
a prepaid service except that it is not exclusively a telecommunications service; (23) "Prepaid calling service" means the right to access exclusively telecommunications services, which are paid for in advance and which enable the origination of calls
using an access number or authorization code, whether manually or electronically
dialed, and that is sold in predetermined units or dollars of which the number
declines with use in a known amount; (24) "Prepaid wireless calling service" means a telecommunications service that: (a) Provides the right to utilize mobile wireless service as well as other nontelecommunications services, including the download of digital products
delivered electronically, content, and ancillary services; (b) Must be paid for in advance; and
(c) Is sold in predetermined units of dollars of which the number declines with use in a known amount; (25) "Private communications service" means a telecommunications service that entitles the customer or other purchaser to exclusive or priority use of a communications
channel or group of channels between or among termination points, regardless of
the manner in which the channel or channels are connected, and includes switching
capacity, extension lines, stations, and any other associated services that are
provided in connection with the use of a channel or channels; (26) (a) "Service address" means the location of communications equipment to which a customer's or other purchaser's call is charged and from which the call
originates or terminates, regardless of where the call is billed or paid. (b) If the location of the communications equipment is not known, "service address" means the origination point of the signal of the communications
services first identified by either the seller's communications system or in
information received by the seller from its service provider, where the system
used to transport the signals is not that of the seller. (c) If the location cannot be determined according to the guidelines set forth in paragraphs (a) and (b) of this subsection, "service address" means the location
of the customer's or other purchaser's place of primary use; (27) "Telecommunications nonrecurring charges" means an amount billed for the installation, connection, change, or initiation of telecommunications service
received by the customer; Page 4 of 5 (28) (a) "Telecommunications service" means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a
point, or between or among points. (b) "Telecommunications service" includes but is not limited to: 1. The transmission, conveyance, or routing in which computer processing
applications are used to act on the form, code, or protocol of the content
for purposes of transmission, conveyance, or routing without regard to
whether the service is referred to as voice over Internet protocol (VOIP)
services or is classified by the Federal Communications Commission as
enhanced or value-added; 2. Paging service; 3. Telegraph and teletypewriter services; 4. Local and long distance telephone services; 5. Fixed wireless service; 6. Mobile wireless service; 7. Private communications service; 8. Telecommunications nonrecurring charges; 9. Value-added nonvoice data service; 10. 800 service; and
11. 900 service. (c) "Telecommunications service" does not include: 1. Data processing and information services that allow data to be
generated, acquired, stored, processed, or retrieved and delivered by an
electronic transmission to a purchaser where the purchaser's primary
purpose for the underlying transaction is the processed data or
information; 2. Installation or maintenance of wiring or equipment on a customer's
premises; 3. Tangible personal property or digital property; 4. Advertising, including but not limited to directory advertising; 5. Billing and collection services provided to third parties; 6. Internet access service as defined in 47 U.S.C. sec. 151; 7. Radio and television audio and video programming services, regardless
of the medium, including the furnishing of transmission, conveyance,
and routing of such services by the programming service provider. Radio
and television audio and video programming services shall include but
not be limited to cable services as defined in 47 U.S.C. sec. 522(6) and
audio and video programming services delivered by commercial mobile
radio service providers, as defined in 47 C.F.R. 20.3; 8. Ancillary services; Page 5 of 5 9. Digital products delivered electronically, including but not limited to
software, music, video, rating materials, or ring tones; or 10. Telephone answering services; (29) "Value-added nonvoice data service" means a service that otherwise meets the definition of telecommunications service in which computer processing applications
are used to act on the form, content, code, or protocol of the information or data
primarily for the purpose other than transmission, conveyance, or routing; (30) "Vertical service" means an ancillary service that is offered in connection with one (1) or more telecommunications services, which offers advanced calling features
that allow customers to identify callers and to manage multiple calls and call
connections, including conference bridging services; (31) "Voice mail service" means an ancillary service that enables the customer to store, send, or receive recorded messages. "Voice mail service" does not include any
vertical services that the customer may be required to have in order to utilize the
voice mail service; (32) "800 service" means a telecommunications service that allows a caller to dial a toll-free number without incurring a charge for the call. The service is typically
marketed under the name "800," "855," "866," "877," and "888" toll-free calling,
and any subsequent numbers designated by the Federal Communications
Commission; and (33) "900 service" means an inbound toll telecommunications service purchased by a subscriber that allows the subscriber's customers to call in to the subscriber's
prerecorded announcement or live serve. "900 service" does not include the charge
for collections services provided to the seller of the telecommunications services to
the subscriber, or service or product sold by the subscriber to the subscriber's
customer. The service is typically marketed under the name "900" service and any
subsequent numbers designated by the Federal Communications Commission. Effective: July 1, 2009
History: Amended 2009 Ky. Acts ch. 73, sec. 3, effective July 1, 2009. -- Amended 2007 Ky. Acts ch. 141, sec. 3, effective July 1, 2007. -- Amended 2005 Ky. Acts
ch. 168, sec. 126, effective January 1, 2006. -- Created 2003 Ky. Acts ch. 124, sec. 8,
effective July 1, 2004. Legislative Research Commission Note (7/1/2007). Under the authority of KRS 7.135(1)(h), during codification a manifest clerical or typographical error occurring
in 2007 Ky. Acts ch. 141, sec. 3(1), has been corrected by changing "detailed
communications billing" to "detailed telecommunications billing" to conform with
definitions for that section.