Terms Used In Utah Code > Title 10 > Chapter 18 > Part 1 - General Provisions

• Advertisement: means material offering for sale, or advertising the availability or quality of, any property, good, or service. See Utah Code 13-25a-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Automated telephone dialing system: means equipment used to:

  (i)	store or produce telephone numbers;

  (ii)	call a stored or produced number; and

  (iii)

  connect the number called with a recorded message or artificial voice. See Utah Code 13-25a-102 Cable television service: means : (a)  the one-way transmission to subscribers of: (i)  video programming; or (ii)  other programming service; and (b)  subscriber interaction, if any, that is required for the selection or use of: (i)  the video programming; or (ii)  other programming service. See Utah Code 10-18-102 Contract: A legal written agreement that becomes binding when signed. 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. Direct costs: means those expenses of a municipality that: (a)  are directly attributable to providing: (i)  a cable television service; or (ii)  a public telecommunications service; and (b)  would be eliminated if the service described in Subsection (4)(a) were not provided by the municipality. See Utah Code 10-18-102 Division: means the Division of Consumer Protection. See Utah Code 13-25a-102 Established business relationship: includes a relationship with an affiliate as defined in Section 16-10a-102. See Utah Code 13-25a-102 Facsimile machine: means equipment used for: (a)  scanning or encoding text or images for conversion into electronic signals for transmission; or (b)  receiving electronic signals and reproducing them as a duplicate of the original text or image. See Utah Code 13-25a-102 Full-cost accounting: means the accounting of all costs incurred by a municipality in providing: (i)  a cable television service; or (ii)  a public telecommunications service. See Utah Code 10-18-102 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Indirect costs: means any costs: (i)  identified with two or more services or other functions; and (ii)  that are not directly identified with a single service or function. See Utah Code 10-18-102 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Misappropriation: means : (a)  acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (b)  disclosure or use of a trade secret of another without express or implied consent by a person who: (i)  used improper means to acquire knowledge of the trade secret; or (ii)  at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was: (A)  derived from or through a person who had utilized improper means to acquire it; (B)  acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (C)  derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (iii)  before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Utah Code 13-24-2 Municipal: means of or relating to a municipality. See Utah Code 10-1-104 Municipality: means : (a)  a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class; (b)  a town, as classified in Section 10-2-301; or (c)  a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 Negative response: means a statement from a person stating the person does not wish to listen to the sales presentation or participate in the solicitation presented in the telephone call. See Utah Code 13-25a-102 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 :Utah Code 68-3-12.5 Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104 Private provider: means a person that: (a)  provides: (i)  cable television services; or (ii)  public telecommunications services; and (b)  is a private entity. See Utah Code 10-18-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 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 10-18-102 Public telecommunications service facilities: means a facility described in Subsection 10-18-105(2). See Utah Code 10-18-102 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. 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 Subscribers: means a person that lawfully receives: (a)  cable television services; or (b)  public telecommunications services. See Utah Code 10-18-102 Telephone solicitation: means the initiation of a telephone call or message for a commercial purpose or to seek a financial donation, including calls: (a)  encouraging the purchase or rental of, or investment in, property, goods, or services, regardless of whether the transaction involves a nonprofit organization; (b)  soliciting a sale of or extension of credit for property or services to the person called; (c)  soliciting information that will be used for: (i)  the direct solicitation of a sale of property or services to the person called; or (ii)  an extension of credit to the person called for a sale of property or services; (d)  soliciting a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with any appeal made for a charitable purpose; or (e)  encouraging the person called to sell real or personal property. See Utah Code 13-25a-102 Telephone solicitor: means any individual, firm, organization, partnership, association, or corporation who makes or causes to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system. See Utah Code 13-25a-102 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (a)  derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b)  is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Utah Code 13-24-2 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Unsolicited telephone call: means a telephone call for a commercial purpose or to seek a financial donation other than a call made: (a)  in response to an express request of the person called; (b)  primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call; (c)  to a person with whom the telephone solicitor has an established business relationship; or (d)  as required by law for a medical purpose. See Utah Code 13-25a-102 Writing: includes :Utah Code 68-3-12.5