Terms Used In Utah Code > Title 13 > Chapter 26 - Telephone Fraud Prevention Act

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Adjusted retail electric sales: means the total kilowatt-hours of retail electric sales of a municipal electric utility to customers in this state in a calendar year, reduced by:

  (a)	the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation;

  (b)

  the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a renewable energy source or that otherwise has not been used to satisfy Subsection 10-19-201(1): (i)  wind energy; (ii)  solar photovoltaic and solar thermal energy; (iii)  wave, tidal, and ocean thermal energy; (iv)  except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including: (A)  organic waste; (B)  forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk; (C)  agricultural residues; (D)  dedicated energy crops; and (E)  landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; (v)  geothermal energy; (vi)  hydro-electric energy; or (vii)  waste gas and waste heat capture or recovery; and

  (c)

  the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from activities or programs promoting electric energy efficiency or conservation or more efficient management of electric energy load. See Utah Code 10-19-102 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. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Banked renewable energy certificate: means a bundled or unbundled renewable energy certificate that is: (a)  not used in a calendar year to comply with this part or with a renewable energy program in another state; and (b)  carried forward into a subsequent year. See Utah Code 10-19-102 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 Commission: means the Public Service Commission. See Utah Code 10-19-102 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. Conviction: A judgement of guilt against a criminal defendant. 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 13-26-2 Fictitious personal name: means a name other than an individual's legal name. See Utah Code 13-26-2 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 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. material fact: means information that a person of ordinary intelligence or prudence would consider important in deciding whether to accept an offer extended through a telephone solicitation. See Utah Code 13-26-2 Municipal: means of or relating to a municipality. See Utah Code 10-1-104 Municipal electric utility: means any municipality that owns, operates, controls, or manages a facility that provides electric power for a retail customer, whether domestic, commercial, industrial, or otherwise. See Utah Code 10-19-102 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 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 Qualifying carbon sequestration generation: means a fossil-fueled generating facility located within the geographic boundary of the Western Electricity Coordinating Council that: (a)  becomes operational or is retrofitted on or after January 1, 2008; and (b)  reduces carbon dioxide emissions into the atmosphere through permanent geological sequestration or through other verifiably permanent reductions in carbon dioxide emissions through the use of technology. See Utah Code 10-19-102 Qualifying electricity: means electricity generated on or after January 1, 1995 from a renewable energy source if: (a)  (i)  the renewable energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or (ii)  the qualifying electricity is delivered to the transmission system of a municipal electric utility or a delivery point designated by the municipal electric utility for the purpose of subsequent delivery to the municipal electric utility; and (b)  the renewable energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 10-19-102 Renewable energy certificate: means a certificate issued in accordance with the requirements of Sections 10-19-202 and 54-17-603. See Utah Code 10-19-102 Renewable energy source: means : (a)  an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995 that derives its energy from one or more of the following: (i)  wind energy; (ii)  solar photovoltaic and solar thermal energy; (iii)  wave, tidal, and ocean thermal energy; (iv)  except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including: (A)  organic waste; (B)  forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk; (C)  agricultural residues; (D)  dedicated energy crops; and (E)  landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; (v)  geothermal energy located outside the state; (vi)  waste gas and waste heat capture or recovery whether or not it is renewable, including methane gas from: (A)  an abandoned coal mine; or (B)  a coal degassing operation associated with a state-approved mine permit; (vii)  efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995; (viii)  a compressed air energy storage process, if: (A)  the process used to compress the air is a renewable energy source and the associated renewable energy certificates are retired for the purpose of the compressed air energy storage process; or (B)  equivalent renewable energy certificates are obtained and retired for the purpose of the compressed air energy storage process; or (ix)  municipal solid waste; (b)  any of the following: (i)  up to 50 average megawatts of electricity per year per municipal electric utility from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization; (ii)  geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; and (iii)  hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational; (c)  hydrogen gas derived from any source of energy described in Subsection (11)(a) or (b); (d)  if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (11)(a) through (c); and (e)  any of the following located in the state and owned by a user of energy: (i)  a demand side management measure, as defined by Subsection 54-7-12. See Utah Code 10-19-102 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 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 Writing: includes :Utah Code 68-3-12.5