Terms Used In Utah Code > Title 13 > Chapter 25a - Telephone and Facsimile Solicitation Act

• Advertisement: means material offering for sale, or advertising the availability or quality of, any property, good, or service. See Utah Code 13-25a-102
• 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
• 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 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 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. 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 Feasibility consultant: means an individual or entity with expertise in the processes and economics of providing: (a)  cable television service; and (b)  public telecommunications service. See Utah Code 10-18-102 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. 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. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. 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. 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 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. On-call emergency provider: means an individual who is required by an employer to be on call to respond to a medical emergency. 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. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. 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 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 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