S.D. Admin. R. 64:06:02:90

Current through Register Vol. 50, page 162, June 24, 2024

Section 64:06:02:90 - Definition of terms

Terms used in §§ 64:06:02:90 to 64:06:02:92, inclusive, mean:

(1) "Air-to-ground radiotelephone service," a radio service, as that term is defined in 47 C.F.R. 22.99 (October 1, 2001), in which common carriers are authorized to offer and provide radio telecommunications service for hire to subscribers in aircraft;

(2) "Ancillary services," any service that is associated with or incidental to the provision of telecommunications services, including detailed telecommunications billing, directory assistance, vertical service, and voice mail services;

(3) "Call-by-call basis," any method of charging for telecommunications services where the price is measured by individual calls;

(4) "Communications channel," a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points;

(5) "Customer," the person or entity that contracts with the seller of telecommunications services. If the end user of telecommunications services is not the contracting party, the end user of the telecommunications service is the customer of the telecommunications service, but this sentence only applies for the purpose of sourcing sales of telecommunications services under §§ 64:06:02:90 to 64:06:02:92, inclusive. A customer does not include a reseller of telecommunications service, or, for mobile telecommunications service, a serving carrier under an arrangement to serve the customer outside the home service provider's licensed service area;

(6) "Customer channel termination point," the location where the customer either initiates or receives the communications;

(7) "End user," the person who utilizes the telecommunications service. In the case of an entity, the term end user means the individual who utilizes the service on behalf of the entity;

(8) "Home service provider," the same as that term is defined in Section 124(5) of Pub. L. No. 106-252 (Mobile Telecommunications Sourcing Act) (July 28, 2000);

(9) Mobile telecommunications service," the same as that term is defined in Section 124(7) of Pub. L. No. 106-252 (Mobile Telecommunications Sourcing Act) (July 28, 2000);

(10) "Place of primary use," the street address representative of where the customer's use of the telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer. In the case of mobile telecommunications services, "place of primary use" must be within the licensed service area of the home service provider;

(11) "Post-paid calling service," the telecommunications service obtained by making payment on a call-by-call basis either through the use of a credit or payment mechanism such as a bank card, travel card, credit card, debit card, or by charge made to a telephone number which is not associated with the origination or termination of the telecommunications service. A post-paid calling service includes a telecommunications service, except a prepaid wireless calling service, that would be a prepaid calling service except it is not exclusively a telecommunications service;

(12) "Prepaid calling service," the right to access exclusively telecommunications services, which must be paid for in advance and which enables 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;

(13) "Prepaid wireless calling service," a telecommunications service that provides the right to utilize mobile wireless service as well as other non-telecommunications services, including the download of digital products delivered electronically, content and ancillary services, which must be paid for in advance and is sold in predetermined units or dollars of which the number declines with use in a known amount;

(14) "Private communication service," a telecommunications service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which such 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 such channel or channels;

(15) "Service address,":

(a) The location of the telecommunications equipment to which the customer'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 in subsection (a) of this subdivision is not known, service address means the origination point of the signal of the telecommunications service first identified by either the seller's telecommunications system or in information received by the seller from its service provider, where the system used to transport such signals is not that of the seller; and

(c) If the locations in subsection (a) and (b) of this subdivision are not known, service address means the location of the customer's place of primary use.

S.D. Admin. R. 64:06:02:90

28 SDR 178, effective 7/1/2002; 33 SDR 226, effective 6/27/2007; 35 SDR 165, effective 12/23/2008.

General Authority: SDCL 10-45-108.

Law Implemented: SDCL 10-45-108.