Terms Used In Utah Code > Title 10 > Chapter 18 > Part 3 - Operational Requirements and Limitations

• Affiliated person: means a seller or a seller's contractor, director, employee, officer, owner, or partner. See Utah Code 13-26-2
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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 Capital costs: means all costs of providing a service that are capitalized in accordance with generally accepted accounting principles. See Utah Code 10-18-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Continuity plan: means a shipment, with the prior express consent of the buyer, at regular intervals of similar special-interest products, in which there is no binding commitment period or purchase amount. See Utah Code 13-26-2 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. Cross subsidize: means to pay a cost included in the direct costs or indirect costs of providing a service that is not accounted for in the full cost of accounting of providing the service. See Utah Code 10-18-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dependent: A person dependent for support upon another. 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 Division: means the Division of Consumer Protection. See Utah Code 13-26-2 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. Fraud: Intentional deception resulting in injury to another. 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 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 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. Participant: means a person seeking to register or renew a registration as a seller including: (a)  a seller; (b)  an owner; (c)  an officer; (d)  a director; (e)  a member or manager of a limited liability company; (f)  a principal; (g)  a trustee; (h)  a general or limited partner; (i)  a sole proprietor; or (j)  an individual with a controlling interest in an entity. See Utah Code 13-26-2 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 Premium: means a gift, bonus, prize, award, certificate, or other document by which a prospective purchaser is given a right, chance, or privilege to purchase or receive goods or services with a stated or represented value of $25 or more as an inducement to a prospective purchaser to purchase other goods or services. See Utah Code 13-26-2 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 Process: means a writ or summons issued in the course of a judicial proceeding. 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 Seller: means a person, or a group of persons engaged in a common effort to conduct a telephone solicitation, that: (a)  on behalf of the person, or the group of persons engaged in a common effort to conduct a telephone solicitation: (i)  makes a telephone solicitation; or (ii)  causes a telephone solicitation to be made; or (b)  through a telephone solicitor: (i)  makes a telephone solicitation; or (ii)  causes a telephone solicitation to be made. See Utah Code 13-26-2 Service of process: The service of writs or summonses to the appropriate party. solicitation of sale: means : (i)  a sale or solicitation of goods or services in which: (A)  (I)  the seller solicits the sale over the telephone; (II)  the purchaser's agreement to purchase is made over the telephone; and (III)  the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods or services; (B)  the seller, not exempt under Section 13-26-4, induces a prospective purchaser over the telephone, to make and keep an appointment that directly results in the purchase of goods or services by the purchaser that would not have occurred without the telephone solicitation and inducement by the seller; (C)  the seller offers or promises a premium to a prospective purchaser if: (I)  the seller induces the prospective purchaser to initiate a telephone contact with the seller; and (II)  the resulting solicitation meets the requirements of Subsection (10)(a); or (D)  the seller solicits a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with an appeal made for a charitable purpose by an organization that is not otherwise exempt under Subsection 13-26-4(2)(b)(iv); or (ii)  a telephone solicitation as defined in Section 13-25a-102. See Utah Code 13-26-2 solicitor: means an individual who engages in a telephone solicitation on behalf of a seller. See Utah Code 13-26-2 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 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104 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 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