{"data":{"id":"us-ky/krs-139.195","jurisdiction":"us-ky","citation":"KRS 139.195","heading":"Definitions for KRS 139.105, 139.200, 139.215, and 139.775.","body":"As used in KRS 139.105, 139.200, 139.215, and 139.775:\n(1) \"Ancillary services\" means services that are associated with or incidental to the\nprovision of telecommunications services, including caller ID services, detailed\ntelecommunications billing, direct ory assistance, vertical services, conference\nbridging services, and voice mail services;\n(2) \"Air-to-ground radiotelephone service\" means a radio service, as defined in 47\nC.F.R. 22.99, in which common carriers are authorized to offer and provide radio\ntelecommunications service for hire to subscribers in aircraft;\n(3) \"Call-by-call basis\" means any method of charging for telecommunications services\nwhere the price is measured by individual calls;\n(4) \"Communications channel\" means a physical or virtual pa th of communications\nover which signals are transmitted between or among customer channel termination\npoints;\n(5) (a) \"Communications service\" means telecommunications services and ancillary\nservices.\n(b) \"Communications service\" does not include the sale of communications\nservice to a communications provider that is buying the communications\nservice for sale or incorporation into a communications service for sale if:\n1. The seller separately itemizes the charges for these services on the bill\nprovided to the purchaser; or\n2. The seller can identify, by reasonable and verifiable standards, the\ncharges for these services from its books and records kept in the regular\ncourse of business for other purposes including nontax purposes. These\nservices include:\na. Carrier access charges, excluding user access fees;\nb. Right of access charges;\nc. Interconnection charges paid by the provider of mobile\ntelecommunications services or other communications providers;\nd. Charges for the sale of unbundled network elements as defined in\n47 U.S.C. sec. 153(29) on January 1, 2001, to which access is\nprovided on an unbundled basis in accordance with 47 U.S.C. sec.\n251(c)(3); and\ne. Charges for use of facilities for providing or  receiving\ncommunications service;\n(6) \"Conference bridging services\" means an ancillary service that links two (2) or\nmore participants of an audio or video conference call and may include the\nprovision of a telephone number. \"Conference bridging services \" does not include\nthe telecommunications services used to reach the conference bridge;\n(7) \"Customer\" means the person or entity that contracts with the seller of\ncommunications services. If the end user of communications services is not the\ncontracting party, the end user of the communications service is the customer of the\ncommunications service, but only as it applies to the sourcing of the sale of\ncommunications services as provided in KRS 139.105. \"Customer\" does not include\na reseller of communicatio ns service or a serving carrier providing mobile\ntelecommunications service under an agreement to serve the customer outside the\nhome service provider's licensed service area;\n(8) \"Customer channel termination point\" means the location where the customer o r\nother purchaser either inputs or receives communications;\n(9) \"Detailed telecommunications billing service\" means an ancillary service of\nseparately stated information pertaining to individual calls on a customer's billing\nstatement;\n(10) \"Directory assistance\" means an ancillary service of providing telephone number\ninformation or address information;\n(11) \"End user\" means the person who utilized the communications service. In the case\nof an entity, \"end user\" means the individual who utilized the servic e on behalf of\nthe entity;\n(12) \"Fixed wireless service\" means a telecommunications service that provides radio\ncommunications between fixed points;\n(13) \"Home service provider\" means the same as provided in 4 U.S.C. sec. 124(5);\n(14) \"International\" means a service that originates or terminates in the United States and\nterminates or originates outside the United States, respectively. United States\nincludes the District of Columbia or a United States territory or possession;\n(15) \"Interstate\" means a service that originates in one (1) state of the United States or a\nUnited States territory or possession and terminates in a different state of the United\nStates or United States territory or possession;\n(16) \"Intrastate\" means a service that originates in one ( 1) state of the United States or a\nUnited States territory or possession and terminates in the same state of the United\nStates or a United States territory or possession;\n(17) \"Mobile telecommunications service\" means the same as provided in 4 U.S.C. sec.\n124(7);\n(18) \"Mobile wireless service\" means a telecommunications service that is transmitted,\nconveyed, or routed regardless of the technology used, whereby the origination and\ntermination points or the origination or termination points of the transmissio n,\nconveyance, or routing are not fixed, including, by the way of example only,\ntelecommunications services that are provided by a commercial mobile radio\nservice provider;\n(19) \"Paging service\" means a telecommunications service that provides a transmissi on\nof coded radio signals for the purpose of activating specific pagers. Such\ntransmissions may include messages or sounds;\n(20) \"Pay telephone service\" means a telecommunications service provided through any\npay telephone;\n(21) \"Place of primary use\" mean s the street address where the customer's or other\npurchaser's use of the communications service primarily occurs, and that is the\nresidential street address or the primary business street address of the customer or\nother purchaser. In the case of mobile t elecommunications service, \"place of\nprimary use\" shall be within the licensed service area of the home service provider;\n(22) \"Postpaid calling service\" means a telecommunications service obtained by making\na payment on a call -by-call basis either through  the use of a credit card or payment\nmechanism such as a bank card, travel card, credit card, or debit card, or by charge\nmade to a telephone number not associated with the origination or termination of\nthe telecommunications service. A postpaid calling se rvice includes a\ntelecommunications service, except a prepaid wireless calling service, that would be\na prepaid service except that it is not exclusively a telecommunications service;\n(23) \"Prepaid calling service\" means the right to access exclusively tel ecommunications\nservices, which are paid for in advance and which enable the origination of calls\nusing an access number or authorization code, whether manually or electronically\ndialed, and that is sold in predetermined units or dollars of which the numbe r\ndeclines with use in a known amount;\n(24) \"Prepaid wireless calling service\" means a telecommunications service that:\n(a) Provides the right to utilize mobile wireless service as well as other\nnontelecommunications services, including the download of dig ital products\ndelivered electronically, content, and ancillary services;\n(b) Must be paid for in advance; and\n(c) Is sold in predetermined units of dollars of which the number declines with\nuse in a known amount;\n(25) \"Private communications service\" means  a telecommunications service that entitles\nthe customer or other purchaser to exclusive or priority use of a communications\nchannel or group of channels between or among termination points, regardless of\nthe manner in which the channel or channels are con nected, and includes switching\ncapacity, extension lines, stations, and any other associated services that are\nprovided in connection with the use of a channel or channels;\n(26) (a) \"Service address\" means the location of communications equipment to which\na customer's or other purchaser's call is charged and from which the call\noriginates or terminates, regardless of where the call is billed or paid.\n(b) If the location of the communi cations equipment is not known, \"service\naddress\" means the origination point of the signal of the communications\nservices first identified by either the seller's communications system or in\ninformation received by the seller from its service provider, whe re the system\nused to transport the signals is not that of the seller.\n(c) If the location cannot be determined according to the guidelines set forth in\nparagraphs (a) and (b) of this subsection, \"service address\" means the location\nof the customer's or other purchaser's place of primary use;\n(27) \"Telecommunications nonrecurring charges\" means an amount billed for the\ninstallation, connection, change, or initiation of telecommunications service\nreceived by the customer;\n(28) (a) \"Telecommunications service\" means the electronic transmission, conveyance,\nor routing of voice, data, audio, video, or any other information or signals to a\npoint, or between or among points.\n(b) \"Telecommunications service\" includes but is not limited to:\n1. The transmission, conveyance, or routing in which computer processing\napplications are used to act on the form, code, or protocol of the content\nfor purposes of transmission, conveyance, or routing without regard to\nwhether the service is referred to as voice over Internet prot ocol (VOIP)\nservices or is classified by the Federal Communications Commission as\nenhanced or value-added;\n2. Paging service;\n3. Telegraph and teletypewriter services;\n4. Local and long distance telephone services;\n5. Fixed wireless service;\n6. Mobile wireless service;\n7. Private communications service;\n8. Telecommunications nonrecurring charges;\n9. Value-added nonvoice data service;\n10. 800 service; and\n11. 900 service.\n(c) \"Telecommunications service\" does not include:\n1. Data processing and information s ervices that allow data to be\ngenerated, acquired, stored, processed, or retrieved and delivered by an\nelectronic transmission to a purchaser where the purchaser's primary\npurpose for the underlying transaction is the processed data or\ninformation;\n2. Installation or maintenance of wiring or equipment on a customer's\npremises;\n3. Tangible personal property or digital property;\n4. Advertising, including but not limited to directory advertising;\n5. Billing and collection services provided to third parties;\n6. Internet access service as defined in 47 U.S.C. sec. 151;\n7. Radio and television audio and video programming services, regardless\nof the medium, including the furnishing of transmission, conveyance,\nand routing of such services by the programming service provider. Radio\nand television audio and video programming services shall include but\nnot be limited to cable services as defined in 47 U.S.C. sec. 522(6) and\naudio and video programming services delivered by commercial mobile\nradio service providers, as defined in 47 C.F.R. 20.3;\n8. Ancillary services;\n9. Digital products delivered electronically, including but not limited to\nsoftware, music, video, rating materials, or ring tones; or\n10. Telephone answering services;\n(29) \"Value-added nonvoice data service\" means a service that otherwise meets the\ndefinition of telecommunications service in which computer processing applications\nare used to act on the form, content, code, or protocol of the information or data\nprimarily for the purpose other than transmission, conveyance, or routing;\n(30) \"Vertical service\" means an ancillary service that is offered in connection with one\n(1) or more telecommunications services, which offers advanced calling features\nthat allow customers to identify callers and to manage multiple calls and call\nconnections, including conference bridging services;\n(31) \"Voice mail service\" means an ancillary service that enables the customer to store,\nsend, or receive recorded messages. \"Voice mail service\" do es not include any\nvertical services that the customer may be required to have in order to utilize the\nvoice mail service;\n(32) \"800 service\" means a telecommunications service that allows a caller to dial a toll -\nfree number without incurring a charge for the call. The service is typically\nmarketed under the name \"800,\" \"855,\" \"866,\" \"877,\" and \"888\" toll -free calling,\nand any subsequent numbers designated by the Federal Communications\nCommission; and\n(33) \"900 service\" means an inbound toll telecommunicati ons service purchased by a\nsubscriber that allows the subscriber's customers to call in to the subscriber's\nprerecorded announcement or live serve. \"900 service\" does not include the charge\nfor collections services provided to the seller of the telecommuni cations services to\nthe subscriber, or service or product sold by the subscriber to the subscriber's\ncustomer. The service is typically marketed under the name \"900\" service and any\nsubsequent numbers designated by the Federal Communications Commission.","path":["KRS Chapter 139"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=28860","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:31Z","sha256":"ea2b88c4cf48feadb2660c3efb2a29d9171f623a157ddcb11d6db70294ca702b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-139.190","next":"us-ky/krs-139.200"},"notice":"GroundRules: Original legal text. Not legal advice."}