§ 7501. Purpose; definitions
[Subsection (a) effective until July 1, 2025; see also subsection (a) effective July
1, 2025 set out below.]
(a) It is the purpose of this chapter to create a financial structure that will allow
every Vermont household to obtain basic telecommunications service at an affordable
price, and to finance that structure with a proportional charge on all telecommunications
transactions that interact with the public switched network.
[Subsection (a) effective July 1, 2025; see also subsection (a) effective until July
1, 2025 set out above.]
(a) It is the purpose of this chapter to create a financial structure that will allow
every Vermont household to obtain basic telecommunications service at an affordable
price and to finance that structure with a charge on all telecommunications transactions
that interact with the public switched network.
(b) As used in this chapter:
(1) “Basic telecommunications service” means that a customer has available at his or her
location:
(A) switched voice grade interactive telecommunications service permitting origination
and termination of calls;
(B) the ability to transmit network switching instructions through tones generated by
customer-owned equipment;
(C) the ability to transmit and receive the customer’s computer-generated digital data,
either by digital or analog transmission, reliably and at common transmission rates,
using customer-owned equipment;
(D) the ability to communicate quickly and effectively with emergency response personnel;
and
(E) telecommunications relay service, as authorized under section 218a of this title.
(2) “Interactive” means that a communications medium is regularly used to transmit information
in two directions.
(3) “Line in service” means a circuit or channel connecting a customer to the public switched
network or to the internet.
(4) “Private network” means a telecommunications system entirely owned and operated by
a single corporate or individual person other than a telecommunications service provider
and not available to the general public.
(5) “Public switched network” means the communications network owned and operated by telecommunications
service providers, some of whom are common carriers.
(6) “Service area” means:
(A) in the case of a rural telephone company, the company’s study area as approved by
the Federal Communications Commission; or
(B) in the case of a local exchange carrier, other than a rural telephone company, the
carrier’s local exchange service area as approved by the Public Utility Commission.
(7) “Service location” means a business or residential geographic point of contact of
a telecommunications service for purposes of the Enhanced 911 network. The number
of service locations in each exchange shall be determined by the Department of Public
Service in periodic updates to the State Telecommunications Plan based on analysis
of the locations in the database of the Vermont Enhanced 911 Board.
[Subdivision (b)(8) effective until July 1, 2025; see also subdivision (b)(8) effective
July 1, 2025 set out below.]
(8) “Telecommunications service” means the transmission of any interactive electromagnetic
communications that passes through the public switched network. The term includes
transmission of voice, image, data, and any other information, by means of wire, electric
conductor cable, optic fiber, microwave, radio wave, or any combinations of such media,
and the leasing of any such service.
(A) Telecommunications service includes:
(i) local telephone service, including any facility or service provided in connection
with such local telephone service;
(ii) toll telephone service;
(iii) directory assistance;
(iv) two-way cable television service; and
(v) mobile telephone or telecommunication service, both analog and digital.
(B) Notwithstanding the provisions of this subdivision (8), as used in this chapter, telecommunications
service does not include:
(i) Services consisting primarily of the creation of artistic material or other information
that is later transmitted over telecommunications equipment, including information
services and electronic bulletin boards, but only to the extent that charges for such
information processing are separated from charges for other telecommunications services,
and only to the extent that such information is not used by any telecommunications
service provider in the administration of the telecommunications network.
(ii) Mobile radio and paging services that do not have an electronic interface into the
public switched network.
(iii) Private network services; provided, however, that payments by a private network to
a telecommunications service provider, such as for point-to-point transmission services,
are not exempt under this subdivision.
(iv) [Repealed.]
(v) Telecommunications services paid for at the point of purchase by depositing coins
or currency.
(vi) Charges incurred by utilizing prepaid telephone calling cards or prepaid authorization
numbers.
[Subdivision (b)(8) effective July 1, 2025; see also subdivision (b)(8) effective until
July 1, 2025 set out above.]
(8) “Telecommunications service” means the transmission of any real-time, interactive
electromagnetic communications that passes through the public switched network. The
term includes transmission of voice, image, data, and any other information, by means
of wire, electric conductor cable, optic fiber, microwave, radio wave, or any combinations
of such media, and the leasing of any such service.
(A) Telecommunications service includes:
(i) local telephone service, including any facility or service provided in connection
with such local telephone service;
(ii) toll telephone service;
(iii) directory assistance;
(iv) interconnected VoIP service, as defined in 47 C.F.R. § 9.3; and
(v) mobile telecommunications service, as defined in 4 U.S.C. § 124(7).
(B) Notwithstanding the provisions of this subdivision (8), as used in this chapter, telecommunications
service does not include:
(i) Services consisting primarily of the creation of artistic material or other information
that is later transmitted over telecommunications equipment, including information
services and electronic bulletin boards, but only to the extent that charges for such
information processing are separated from charges for other telecommunications services,
and only to the extent that such information is not used by any telecommunications
service provider in the administration of the telecommunications network.
(ii) Mobile radio and paging services that do not have an electronic interface into the
public switched network.
(iii) Private network services; provided, however, that payments by a private network to
a telecommunications service provider, such as for point-to-point transmission services,
are not exempt under this subdivision.
(iv) [Repealed.]
(v) Telecommunications services paid for at the point of purchase by depositing coins
or currency.
(vi) Charges incurred by utilizing prepaid telephone calling cards or prepaid authorization
numbers.
(9) “Telecommunications service provider” means a company required by law to hold a certificate
of public good from the Public Utility Commission to offer telecommunications service
for intrastate service, or is authorized by the Federal Communications Commission
to offer interstate telecommunications service. (Added 1993, No. 197 (Adj. Sess.), § 5; amended 1995, No. 99 (Adj. Sess.), § 12; 1997, No. 71 (Adj. Sess.), § 29, eff. March 11, 1998; 1997, No. 156 (Adj. Sess.), § 31, eff. April 29, 1998; 2013, No. 190 (Adj. Sess.), § 2, eff. June 16, 2014; 2023, No. 145 (Adj. Sess.), § 1, eff. July 1, 2025.)