54-8b-2 - Definitions. - Utah Statutes

54-8b-2. Definitions.
As used in this chapter:
(1) (a) "Aggregator" means any person or entity that:
(i) is not a telecommunications corporation;
(ii) in the ordinary course of its business makes operator assisted services available to thepublic or to customers and transient users of its business or property through an operator serviceprovider; and
(iii) receives from an operator service provider by contract, tariff, or otherwise,commissions or compensation for calls delivered from the aggregator's location to the operatorservice provider.
(b) "Aggregator" may include any hotel, motel, hospital, educational institution,government agency, or coin or coinless telephone service provider so long as that entity qualifiesunder Subsection (1)(a).
(2) "Basic residential service" means a local exchange service for a residential customerconsisting of:
(a) a single line with access to the public switched network;
(b) touch-tone or the functional equivalent;
(c) local flat-rate unlimited usage, exclusive of extended area service;
(d) single-party service;
(e) a free phone number listing in directories received for free;
(f) access to operator services;
(g) access to directory assistance;
(h) access to lifeline and telephone relay assistance;
(i) access to 911 and E911 emergency services;
(j) access to long-distance carriers;
(k) access to toll limitations services;
(l) other services as may be determined by the commission; and
(m) no feature.
(3) "Certificate" means a certificate of public convenience and necessity issued by thecommission authorizing a telecommunications corporation to provide specified publictelecommunications services within a defined geographic service territory in the state.
(4) "Division" means the Division of Public Utilities established in Section 54-4a-1.
(5) "Essential facility or service" means any portion, component, or function of thenetwork or service offered by a provider of local exchange services:
(a) that is necessary for a competitor to provide a public telecommunications service;
(b) that cannot be reasonably duplicated; and
(c) for which there is no adequate economic alternative to the competitor in terms ofquality, quantity, and price.
(6) (a) "Feature" means a custom calling service available from the central office switch,including call waiting, call forwarding, three-way calling, and similar services.
(b) "Feature" does not include long distance calling.
(7) "Federal Telecommunications Act" means the Federal Telecommunications Act of1996, Pub. L. No. 104-104, 110 Stat. 56.
(8) "Incumbent telephone corporation" means a telephone corporation, its successors orassigns, which, as of May 1, 1995, held a certificate to provide local exchange services in a

defined geographic service territory in the state.
(9) "Intrastate telecommunications service" means any public telecommunicationsservice in which the information transmitted originates and terminates within the boundaries ofthis state.
(10) "Local exchange service" means the provision of telephone lines to customers withthe associated transmission of two-way interactive, switched voice communication within thegeographic area encompassing one or more local communities as described in maps, tariffs, orrate schedules filed with and approved by the commission.
(11) "Mobile telecommunications service" means a mobile telecommunications service:
(a) that is defined as a mobile telecommunications service in the MobileTelecommunications Sourcing Act, 4 U.S.C. Sec. 124; and
(b) in which the information transmitted originates and terminates in one state.
(12) (a) "New public telecommunications service" means a service offered by atelecommunications corporation which that corporation has never offered before.
(b) "New public telecommunications service" does not include:
(i) a tariff, price list, or competitive contract that involves a new method of pricing anyexisting public telecommunications service;
(ii) a package of public telecommunications services that includes an existing publictelecommunications service; or
(iii) a public telecommunications service that is a direct replacement for:
(A) a fully regulated service;
(B) an existing service offered pursuant to a tariff, price list, or competitive contract; or
(C) an essential facility or an essential service.
(13) "Operator assisted services" means services which assist callers in the placement orcharging of a telephone call, either through live intervention or automated intervention.
(14) "Operator service provider" means any person or entity that provides, for a fee to acaller, operator assisted services.
(15) "Price-regulated service" means any public telecommunications service governed bySection 54-8b-2.3.
(16) "Public telecommunications service" means the two-way transmission of signs,signals, writing, images, sounds, messages, data, or other information of any nature by wire,radio, lightwaves, or other electromagnetic means offered to the public generally.
(17) "Substantial compliance" with reference to a rule or order of the commission meanssatisfaction of all material obligations in a manner consistent with the rule or order.
(18) "Telecommunications corporation" means any corporation or person, and theirlessees, trustees, receivers, or trustees appointed by any court, owning, controlling, operating,managing, or reselling a public telecommunications service.
(19) (a) "Total service long-run incremental cost" means the forward-looking incrementalcost to a telecommunications corporation caused by providing the entire quantity of a publictelecommunications service, network function, or group of public telecommunications servicesor network functions, by using forward-looking technology, reasonably available, withoutassuming relocation of existing plant and equipment.
(b) The "long-run" means a period of time long enough so that cost estimates are basedon the assumption that all inputs are variable.

Amended by Chapter 5, 2005 General Session