Terms Used In Utah Code > Title 54 > Chapter 8b - Public Telecommunications Law

• Access line: means a circuit-switched connection, or the functional equivalent of a circuit-switched connection, from an end-user to the public switched network. See Utah Code 54-8b-2
• Affiliate: means :
       (1)(a) a person that directly or indirectly owns, controls, or holds with power to vote, 20% or more of the outstanding voting securities of the debtor, other than a person that holds the securities:

            (1)(a)(i) as a fiduciary or agent without sole discretionary power to vote the securities; or

            (1)(a)(ii) solely to secure a debt, if the person has not exercised the power to vote;
       (1)(b) a corporation 20% or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person that directly or indirectly owns, controls, or holds, with power to vote, 20% or more of the outstanding voting securities of the debtor, other than a person that holds the securities:

            (1)(b)(i) as a fiduciary or agent without sole discretionary power to vote the securities; or

            (1)(b)(ii) solely to secure a debt, if the person has not exercised the power to vote;
       (1)(c) a person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or
       (1)(d) a person that operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets. See Utah Code 25-6-102
• Aggregator: means any person or entity that:
            (2)(a)(i) is not a telecommunications corporation;
            (2)(a)(ii) in the ordinary course of its business makes operator assisted services available to the public or to customers and transient users of its business or property through an operator service provider; and
            (2)(a)(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 operator service provider. See Utah Code 54-8b-2
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Asset: means property of a debtor, but does not include:
       (2)(a) property to the extent it is encumbered by a valid lien;
       (2)(b) property to the extent it is generally exempt under nonbankruptcy law; or
       (2)(c) an interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant. See Utah Code 25-6-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Basic residential service: means a local exchange service for a residential customer consisting of:
       (3)(a) a single line with access to the public switched network;
       (3)(b) touch-tone or the functional equivalent;
       (3)(c) local flat-rate unlimited usage, exclusive of extended area service;
       (3)(d) single-party service;
       (3)(e) a free phone number listing in directories received for free;
       (3)(f) access to operator services;
       (3)(g) access to directory assistance;
       (3)(h) access to lifeline and telephone relay assistance;
       (3)(i) access to 911 and E911 emergency services;
       (3)(j) access to long-distance carriers;
       (3)(k) access to toll limitations services;
       (3)(l) other services as may be determined by the commission; and
       (3)(m) no feature. See Utah Code 54-8b-2
• Big game: means species of hoofed protected wildlife. See Utah Code 23A-1-101
• Certificate: means a certificate of public convenience and necessity issued by the commission authorizing a telecommunications corporation to provide specified public telecommunications services within a defined geographic service territory in the state. See Utah Code 54-8b-2
• claim for relief: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. See Utah Code 25-6-102
• Commission: means the Public Service Commission. See Utah Code 54-2-1
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Creditor: means a person that has a claim. See Utah Code 25-6-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Debt: means liability on a claim. See Utah Code 25-6-102
• Debtor: means a person that is liable on a claim. See Utah Code 25-6-102
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Division: means the Division of Public Utilities established in Section 54-4a-1. See Utah Code 54-8b-2
• Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 25-6-102
• Endangered: means wildlife designated as endangered according to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
• Endangered Species Act: means the Endangered Species Act of 1973, Utah Code 23A-15-101
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Feature: means a custom calling service available from the central office switch, including call waiting, call forwarding, three-way calling, and similar services. See Utah Code 54-8b-2
• Federal Telecommunications Act: means the Communications Act of 1934, as amended, and the Federal Telecommunications Act of 1996, Pub. See Utah Code 54-8b-2
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Furbearer: means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and Castoridae families, except coyote and cougar. See Utah Code 23A-1-101
• Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
• Incumbent telephone corporation: means a telephone corporation, its successors or assigns, which, as of May 1, 1995, held a certificate to provide local exchange services in a defined geographic service territory in the state. See Utah Code 54-8b-2
• Insider: includes :
       (8)(a) if the debtor is an individual:

            (8)(a)(i) a relative of the debtor or of a general partner of the debtor;

            (8)(a)(ii) a partnership in which the debtor is a general partner;

            (8)(a)(iii) a general partner in a partnership described in Subsection (8)(a)(ii);

            (8)(a)(iv) a corporation of which the debtor is a director, officer, or person in control; or

            (8)(a)(v) a limited liability company of which the debtor is a member or manager;
       (8)(b) if the debtor is a corporation:

            (8)(b)(i) a director of the debtor;

            (8)(b)(ii) an officer of the debtor;

            (8)(b)(iii) a person in control of the debtor;

            (8)(b)(iv) a partnership in which the debtor is a general partner;

            (8)(b)(v) a general partner in a partnership described in Subsection (8)(b)(iv);

            (8)(b)(vi) a limited liability company of which the debtor is a member or manager; or

            (8)(b)(vii) a relative of a general partner, director, officer, or person in control of the debtor;
       (8)(c) if the debtor is a partnership:

            (8)(c)(i) a general partner in the debtor;

            (8)(c)(ii) a relative of a general partner in, a general partner of, or a person in control of the debtor;

            (8)(c)(iii) another partnership in which the debtor is a general partner;

            (8)(c)(iv) a general partner in a partnership described in Subsection (8)(c)(iii);

            (8)(c)(v) a limited liability company of which the debtor is a member or manager; or

            (8)(c)(vi) a person in control of the debtor;
       (8)(d) if the debtor is a limited liability company:

            (8)(d)(i) a member or manager of the debtor;

            (8)(d)(ii) another limited liability company in which the debtor is a member or manager;

            (8)(d)(iii) a partnership in which the debtor is a general partner;

            (8)(d)(iv) a general partner in a partnership described in Subsection (8)(d)(iii);

            (8)(d)(v) a person in control of the debtor; or

            (8)(d)(vi) a relative of a general partner, member, manager, or person in control of the debtor;
       (8)(e) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
       (8)(f) a managing agent of the debtor. See Utah Code 25-6-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See Utah Code 25-6-102
• Local exchange service: means the provision of telephone lines to customers with the associated transmission of two-way interactive, switched voice communication within the geographic area encompassing one or more local communities as described in maps, tariffs, or rate schedules filed with and approved by the commission. See Utah Code 54-8b-2
• long-run: means a period of time long enough so that cost estimates are based on the assumption that all inputs are variable. See Utah Code 54-8b-2
• Migratory bird: means the same as that term is defined in Utah Code 23A-13-101
• Migratory bird production area: means an area of land that is:
       (2)(a) created under this chapter; and
       (2)(b) used according to the description in Subsections 23A-13-201(1)(b)(iii)(A) and (B). See Utah Code 23A-13-101
• Mobile telecommunications service: means a mobile telecommunications service:
       (12)(a) that is defined as a mobile telecommunications service in the Mobile Telecommunications Sourcing Act, Utah Code 54-8b-2
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• New public telecommunications service: means a service offered by a telecommunications corporation which that corporation has never offered before. See Utah Code 54-8b-2
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operator assisted services: means services which assist callers in the placement or charging of a telephone call, either through live intervention or automated intervention. See Utah Code 54-8b-2
• Operator service provider: means any person or entity that provides, for a fee to a caller, operator assisted services. See Utah Code 54-8b-2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
• Person: means an individual, estate, partnership, limited liability company, association, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, instrumentality, or other legal or commercial entity. See Utah Code 25-6-102
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Proclamation: means the publication that is:
       (41)(a) used to convey a statute, rule, policy, or pertinent information related to wildlife; and
       (41)(b) issued in accordance with a rule made by the Wildlife Board under this title. See Utah Code 23A-1-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Property: means anything that may be the subject of ownership. See Utah Code 25-6-102
• Protected wildlife: means wildlife, except as provided in Subsection (43)(b). See Utah Code 23A-1-101
• Public switched network: means the same as that term is defined in Utah Code 54-8b-2
• 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. See Utah Code 54-8b-2
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium that is retrievable in perceivable form. See Utah Code 25-6-102
• Relative: means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. See Utah Code 25-6-102
• Service: means the United States Fish and Wildlife Service. See Utah Code 23A-15-101
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Take: means to:
       (54)(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill protected wildlife; or
       (54)(b) attempt an action referred to in Subsection (54)(a). See Utah Code 23A-1-101
• Telecommunications corporation: means any corporation or person, and their lessees, trustees, receivers, or trustees appointed by any court, owning, controlling, operating, managing, or reselling a public telecommunications service. See Utah Code 54-8b-2
• Telephone corporation: means any corporation or person, and their lessees, trustee, receivers, or trustees appointed by any court, who owns, controls, operates, manages, or resells a public telecommunications service as defined in Section 54-8b-2. See Utah Code 54-2-1
• Threatened: means wildlife designated as threatened pursuant to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
• Total service long-run incremental cost: means the forward-looking incremental cost to a telecommunications corporation caused by providing the entire quantity of a public telecommunications service, network function, or group of public telecommunications services or network functions, by using forward-looking technology, reasonably available, without assuming relocation of existing plant and equipment. See Utah Code 54-8b-2
• Transfer: means every mode, direct or indirect, absolute or conditional, or voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. See Utah Code 25-6-102
• Trapping: means taking protected wildlife with a trapping device. See Utah Code 23A-1-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Wildlife: means :
       (61)(a) crustaceans, including brine shrimp and crayfish;
       (61)(b) mollusks; and
       (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
• Wolf: means the species Canis lupus. See Utah Code 23A-15-101
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5