Section 64.6400 - DefinitionsFor purposes of this subpart:
(a)Abuser. Abuser means an individual who has committed or allegedly committed a covered act, as defined in 47 U.S.C. 345 and this subpart, against: (1) An individual who seeks relief under 47 U.S.C. 345 and this subpart; or(2) An individual in the care of an individual who seeks relief under 47 U.S.C. 345 and this subpart.(b)Business day. Business day means the traditional work week of Monday through Friday, 8 a.m. to 5 p.m., excluding the covered provider's company-defined holidays.(c)Call. Call means a voice service transmission, regardless of whether such transmission is completed.(d)Consumer-facing logs of calls and text messages. Consumer-facing logs of calls and text messages means any means by which a covered provider, wireline provider of voice service, fixed wireless provider of voice service, or fixed satellite provider of voice service presents to a consumer a listing of telephone numbers to which calls or text messages were directed, regardless of, for example, the medium used (such as by paper, online listing, or electronic file), whether the call was completed or the text message was delivered, whether part of a bill or otherwise, and whether requested by the consumer or otherwise provided. The term includes oral and written disclosures by covered providers, wireline provider of voice service, fixed wireless provider of voice service, and fixed satellite provider wireline providers of voice service of individual call and text message records.(e)Covered act. Covered act means conduct that constitutes: (1) A crime described in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a) ), including, but not limited to, domestic violence, dating violence, sexual assault, stalking, and sex trafficking;(2) An act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102 ) (relating to severe forms of trafficking in persons and sex trafficking, respectively); or(3) An act under State law, Tribal law, or the Uniform Code of Military Justice that is similar to an offense described in paragraph (e)(1) or (2) of this section.(4) A criminal conviction or any other determination of a court shall not be required for conduct described in this paragraph (e) to constitute a covered act.(f)Covered hotline. Covered hotline means a hotline related to domestic violence, dating violence, sexual assault, stalking, sex trafficking, severe forms of trafficking in persons, or any other similar act. Such term includes any telephone number on which more than a de minimis amount of counseling and/or information is provided on domestic violence, dating violence, sexual assault, stalking, sex trafficking, severe forms of trafficking in persons, or any other similar acts.(g)Covered provider. Covered provider means a provider of a private mobile service or commercial mobile service, as those terms are defined in 47 U.S.C. 332(d) .(h)Fixed wireless provider of voice service. Fixed wireless provider of voice service means a provider of voice service to customers at fixed locations that connects such customers to its network primarily by terrestrial wireless transmission.(i)Fixed satellite provider of voice service. Fixed satellite provider of voice service means a provider of voice service to customers at fixed locations that connects such customers to its network primarily by satellite transmission.(j)Primary account holder. Primary account holder means an individual who is a party to a mobile service contract with a covered provider.(k)Shared mobile service contract. Shared mobile service contract means a mobile service contract for an account that includes not less than two lines of service, and does not include enterprise services offered by a covered provider. For purposes of this subpart, a "line of service" shall mean one that is associated with a telephone number, and includes all of the services associated with that line under the shared mobile service contract, regardless of classification, including voice, text, and data services.(l)Small service provider. Small service provider means a covered provider, wireline provider of voice service, fixed wireless provider of voice service, or fixed satellite provider of voice service that has 100,000 or fewer voice service subscriber lines (counting the total of all business and residential fixed subscriber lines and mobile phones and aggregated over all of the provider's affiliates).(m)Survivor. Survivor means an individual who is not less than 18 years old and:(1) Against whom a covered act has been committed or allegedly committed; or(2) Who cares for another individual against whom a covered act has been committed or allegedly committed (provided that the individual providing care did not commit or allegedly commit the covered act). For purposes of this subpart, an individual who "cares for" another individual, or individual "in the care of" another individual, shall encompass: (i) Any individuals who are part of the same household, as defined in § 54.400 of this chapter;(ii) Parents, guardians, and minor children even if the parents and children live at different addresses;(iii) Those who care for, or are in the care of, another individual by valid court order or power of attorney; and(iv) An individual who is the parent, guardian, or caretaker of a person over the age of 18 upon whom an individual is financially or physically dependent (and those persons financially or physically dependent on the parent, guardian or caretaker).(n)Text message. Text message has the meaning given such term in section 227(e)(8) of the Communications Act of 1934, as amended (47 U.S.C. 227(e)(8) ).(o)Voice service. Voice service has the meaning given such term in section 4(a) of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (47 U.S.C. 227b(a) ).(p)Wireline provider of voice service. Wireline provider of voice service means a provider of voice service that connects customers to its network primarily by wire.