Cal. Code Regs. Tit. 18, § 2401 - Definitions
(a) Service
Supplier .
(1) "Service Supplier " means both
of the following:
(A) Any person supplying
intrastate telephone communication services to any service user in this state
and providing access to the "911" emergency system by utilizing the digits
9-1-1; and
(B) Any person supplying
Voice over Internet Protocol (VoIP) service to any service user in this state
and providing access to the "911" emergency system by utilizing the digits
9-1-1.
(2)
Notwithstanding paragraph (1):
(A) Where
intrastate telephone communication services are supplied through a prepaid
telephone calling card , the "service supplier " means the person that provides
access to its lines and switches for telephone services and is responsible for
deducting the amounts charged for telephone services used from amounts of
service available on the prepaid telephone calling card .
(B) A wholesaler or retailer of prepaid
telephone calling cards is not a service supplier unless it provides access to
its lines and switches for telephone services and is responsible for deducting
the amounts charged for telephone services used from amounts of service
available on the prepaid telephone calling card .
(b) Intrastate Telephone Communication
Services . "Intrastate telephone communication services " means all local or toll
telephone services where the point or points of origin and the point or points
of destination of the services are all located in this state. It includes the
access to a local telephone system, and the privilege of telephonic quality
communication with substantially all persons having telephone or radiotelephone
stations constituting a part of a local telephone system and any facility or
service provided in connection with local telephone service . It also includes
either:
(1) A telephonic quality
communication for which there is a toll charge for the service that varies in
amount with either the distance or elapsed transmission time, or the distance
and elapsed transmission time, of each individual communication; or
(2) A service which entitles the subscriber,
upon payment of a periodic charge (whether a flat charge or a charge based upon
total elapsed transmission time), to the privilege of a predetermined amount of
units or dollars of telephonic communications or an unlimited number of
telephonic communications to or from all or a substantial portion of the
persons having telephone or radiotelephone stations in a specified area which
is outside the local telephone system area in which the station provided with
the service is located.
(c) Billing Agent . "Billing Agent " shall mean
any person that submits a bill to a service user on behalf of another person
who is a service supplier , reseller or billing aggregator . A billing agent is
not considered to be a service supplier for intrastate telephone communication
services provided by or billed on behalf of that person.
(d) Billing Aggregator . "Billing Aggregator "
shall mean any person engaged in the business of facilitating the billing and
collection of charges for intrastate telephone communication services by
aggregating the information about telephone communication services provided by
one or more service suppliers and submitting the combined information to one or
more local exchange carriers for billing and collection. The billing aggregator
may contract with service suppliers to:
(1)
receive call information detail from one or more service suppliers and submit
that call information detail to one or more local exchange carriers acting as
billing agents;
(2) receive
payments from local exchange carriers acting as billing agents for disbursement
as directed by service suppliers; and
(3) prepare and file returns and remit the
surcharge to the Board in the manner provided in the applicable contract.
A
(e) Prepaid Telephone Calling Card . "Prepaid
telephone calling card " means any card, or other identifier such as an
authorization number or access code, which is purchased in advance of use of
telephone services, and entitles the holder of the card or user of the
authorization number or access code to a specified dollar amount or number of
minutes of telephone service , where dollar amounts or minutes for telephone
services used are deducted from the amount of prepaid service available on the
prepaid telephone calling card as local and long distance telephone services
are provided to the user of the prepaid telephone calling card .
(f) Mobile Telephony Service . "Mobile
telephony service " or "MTS" has the same meaning as defined in section
224.4
of the Public Utilities Code.
(g)
Prepaid Mobile Telephony Services . "Prepaid mobile telephony services " or
"prepaid MTS" means the right to utilize and/or access mobile
telecommunications services or information services, including the download of
digital products delivered electronically, content, and ancillary services, or
both telecommunications services and information services, that must be
purchased in advance of usage in predetermined units or dollars and are
utilized by means of a mobile device. For these purposes, "telecommunications
service " and "information service " have the same meanings as defined in section
153 of title 47 of the United States Code.
(h) Direct Seller . "Direct seller " means a
prepaid MTS provider or service supplier , as defined in Revenue and Taxation
Code section
41007,
that makes a sale of prepaid MTS directly to a prepaid consumer for any purpose
other than for resale in the regular course of business.
A
(1) A telephone
corporation, as defined by section
234
of the Public Utilities Code.
(2) A
person that provides "interconnected Voice over Internet Protocol (VoIP)
service ," as that term is defined in section
285
of the Public Utilities Code.
(3) A
"retailer engaged in business in this state," as defined by Revenue and
Taxation Code section
6203,
that is a member of the same commonly controlled group, as defined in Revenue
and Taxation Code section
25105,
or that is a member of the same combined reporting group, as defined in
paragraph (3) of subdivision (b) of section
of title
1825106.5 of title 18 of the California Code
of Regulations, as an entity described in paragraph (1) or
(2).
Notes
2. New subsections (d)-(d)(3) filed 4-27-2000; operative 5-27-2000 (Register 2000, No. 17).
3. Amendment of subsection (a), new subsections (a)(1)-(2) and (e) and amendment of NOTE filed 10-2-2000; operative 11-1-2000 (Register 2000, No. 40).
4. Change without regulatory effect amending subsection (a), adopting new subsections (a)(1)-(a)(2), renumbering and amending former subsections (a)(1)-(2) to subsections (a)(2)(A)-(B), amending subsection (b), adopting new subsections (b)(1)-(2) and amending NOTE filed 3-30-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 14).
5. New subsections (f)-(h)(3) and amendment of NOTE filed 3-28-2016; operative 7-1-2016 (Register 2016, No. 14).
Note: Authority cited: Section 41128, Revenue and Taxation Code. Reference: Sections 41007, 41011, 41015, 41016, 41021 and 42004, Revenue and Taxation Code.
2. New subsections (d)-(d)(3) filed 4-27-2000; operative 5-27-2000 (Register 2000, No. 17).
3. Amendment of subsection (a), new subsections (a)(1)-(2) and (e) and amendment of Note filed 10-2-2000; operative 11-1-2000 (Register 2000, No. 40).
4. Change without regulatory effect amending subsection (a), adopting new subsections (a)(1)-(a)(2), renumbering and amending former subsections (a)(1)-(2) to subsections (a)(2)(A)-(B), amending subsection (b), adopting new subsections (b)(1)-(2) and amending Note filed 3-30-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 14).
5. New subsections (f)-(h)(3) and amendment of Note filed 3-28-2016; operative
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