§ 4.56.020. Definitions.
Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter.
A.
"Ancillary telecommunications services" means services that are associated with or incidental to the provision, use or enjoyment of telecommunications services including, but not limited to, the following:
1.
Services that link two or more participants of an audio or video conference call, including the provision of a telephone number.
2.
Services that separately state information pertaining to individual calls on a customer's billing statement.
3.
Services that provide telephone number information, and/or address information.
4.
Services offered in connection with one or more telecommunications services, which offer advanced calling features that allow customers to identify callers and to manage multiple calls and call connections.
5.
Services that enable customers to store, send or receive recorded messages.
B.
"Billing address" means the mailing address of the service user where the service supplier submits invoices or bills for payment by the customer.
C.
"City" means the city of Pasadena.
D.
"City administrator" means the city manager, or his or her authorized representative.
E.
"Exempt wholesale generator" has the same meaning as set forth in the Federal Power Act (15 U.S.C. Section 79z-5a) and regulations thereunder.
F.
"Gas" means natural or manufactured gas or any alternate hydrocarbon fuel that may be substituted therefor.
G.
"Gross annual income" means all income regardless of source and includes, but is not limited to, income subject to federal and state income taxation, social security payments, pensions, welfare payments, interest on tax-exempt investments, gifts and inheritances.
H.
"Month" means a calendar month.
I.
"Nonutility service supplier" means:
1.
A service supplier, other than a supplier of electric distribution services to all or a significant portion of the city, which generates electricity for sale to others, and shall include but is not limited to any publicly-owned electric utility, investor-owned utility, cogenerator, distributed generation provider, exempt wholesale generator, municipal utility district, federal power marketing agency, electric rural cooperative, or other supplier or seller of electricity;
2.
An electric service provider (ESP), electricity broker, marketer, aggregator, pool operator, or other electricity supplier other than a supplier of electric distribution services to all or a significant portion of the city, which sells or supplies electricity or supplemental services to electricity users within the city; and
3.
A gas service supplier, aggregator, marketer or broker, other than a supplier of gas distribution services to all or a significant portion of the city, which sells or supplies gas or supplemental services to gas users within the city.
J.
"Person" means, without limitation, any domestic, nonprofit or foreign corporation; firm; trust; estate; association; syndicate; joint stock company; limited liability company; partnership of any kind; joint venture; club; Massachusetts business or common-law trust; society; any natural individual; cooperative; receiver, trustee, guardian or other representative appointed by order of any court; municipal district; or municipal corporation (other than the city).
K.
"Service address" means the residential street address or the business street address of the service user's primary place of usage.
L.
"Service supplier" means any entity or person that provides telephone communication, electric, gas, water or video service to a user of such services within the city. The term includes any entity or person required to collect, or self-collect under Section 4.56.055, and to remit a tax imposed by this chapter, including the billing agent of such an entity or person in the case of electric, gas, water or video service suppliers.
M.
"Service user" means a person required to pay a tax imposed by this chapter.
N.
"Tax administrator" means the revenue administrator of the city of Pasadena.
O.
"Telephone communication services" means and includes the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, whether or not such information is transmitted through interconnected service with the public switched network, whatever the technology used, whether such transmission, conveyance or routing occurs by wire, cable, fiber-optic, light wave, laser, microwave, radio wave (including, but not limited to, cellular service, commercial mobile service, personal communications service (PCS), specialized mobile radio (SMR), and other types of personal wireless service—see 47 USCA Section 332(c)(7)(C)(i)—regardless of radio spectrum used), switching facilities, satellite or any other technology now existing or developed after the adoption of the ordinance codified in this chapter, and includes, without limitation, fiber optic, coaxial cable, and wireless. The term "telephone communication services" includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such services are referred to as voice over internet protocol (VoIP) services or are classified by the Federal Communications Commission as enhanced or value added, and includes video and/or data services that are functionally integrated with telecommunications services. "Telephone communication services" include, but are not limited to, the following services, regardless of the manner or basis on which such services are calculated or billed: central office and custom calling features (including but not limited to call waiting, call forwarding, caller identification and three-way calling), local number portability, text messaging, ancillary telecommunication services, prepaid and post-paid telecommunications services (including but not limited to prepaid calling cards); mobile telecommunications service; private telecommunication service; paging service; 800 service (or any other toll-free numbers designated by the Federal Communications Commission); and value-added non-voice data service. For purposes of this section, "private telecommunication service" means any dedicated telephone communications service that entitle a user to exclusive or priority use of communications channels.
P.
"Telephone corporation," "electrical corporation," "gas corporation," and "water corporation" have the same meanings as defined in Sections 234, 218, 222, and 241, respectively, of the Public Utilities Code of the state of California, as said sections existed on January 1, 1969. "Electrical corporation" and "water corporation" shall be construed to include any municipality or franchised agency engaged in the selling or supplying of electrical power or water to a service user.
Q.
"Video service supplier" means any person, company, or service which provides one or more channels of video programming, including any communications that are ancillary, necessary or common to the use and enjoyment of the video programming, to or from an address in the city, including to or from a business, home, condominium, or apartment, where some fee is paid, whether directly or included in dues or rental charges for that service, whether or not public rights-of-way are utilized in the delivery of the video programming or communications. A "video service supplier" includes, but is not limited to, multichannel video programming distributors (as defined in 47 USCA Section 522(13)), open video systems (OVS) suppliers, suppliers of cable television, master antenna television, satellite master antenna television, multichannel multipoint distribution services (MMDS), direct broadcast satellite (to the extent allowed by federal law), and other suppliers of video programming or communications (including two-way communications), whatever their technology.
R.
"Video services" means any and all services related to the providing of video programming (including origination programming), including any communications that are ancillary, necessary or common to the use or enjoyment of the video programming, regardless of the content of such video programming or communications. "Video services" does not include services for which a tax is paid under Section 4.56.030.
(Ord. 7133 § 1, 2008: Ord. 7124 § 1, 2007; Ord. 7092 § 2, 2007; Ord. 6857 § 2 (part), 2001)