Page:United States Statutes at Large Volume 110 Part 1.djvu/169

 PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 145 except at the subscribers' premises or in the uphnk process to the satelhte. (2) PROVIDER OF DIRECT-TO-HOME SATELLITE SERVICE.—For purposes of this section, a "provider of direct-to-home satelhte service" means a person who transmits, broadcasts, sells, or distributes direct-to-home satellite service. (3) LOCAL TAXING JURISDICTION.—The term "local taxing jurisdiction" means any municipality, city, county, township, parish, transportation district, or assessment jurisdiction, or any other local jurisdiction in the territorial jurisdiction of the United States with the authority to impose a tax or fee, but does not include a State. (4) STATE.— The term "State" means any of the several States, the District of Columbia, or any territory or possession of the United States. (5) TAX OR FEE. —The terms "tax" and "fee" mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction. (c) PRESERVATION OF STATE AUTHORITY.— This section shall not be construed to prevent taxation of a provider of direct-to- home satellite service by a State or to prevent a local taxing jurisdiction from receiving revenue derived from a tax or fee imposed and collected by a State. TITLE VII—MISCELLANEOUS PROVISIONS SEC. 701. PREVENTION OF UNFAIR BILLING PRACTICES FOR INFORMA- TION OR SERVICES PROVIDED OVER TOLL-FREE TELE- PHONE CALLS. (a) PREVENTION OF UNFAIR BILLING PRACTICES.— (1) IN GENERAL.— Section 228(c) (47 U.S.C. 228(c)) is amended— (A) by striking out subparagraph (C) of paragraph (7) and inserting in lieu thereof the following: "(C) the calling party being charged for information conveyed during the call unless— "(i) the calling party has a written agreement (including an agreement transmitted through electronic medium) that meets the requirements of paragraph (8); or "(ii) the calling party is charged for the information in accordance with paragraph (9); or"; (B)(i) by striking "or" at the end of subparagraph (C) of such paragraph; (ii) by striking the period at the end of subparagraph (D) of such paragraph and inserting a semicolon and "or"; and (iii) by adding at the end thereof the following: "(E) the calling party being assessed, by virtue of being asked to connect or otherwise transfer to a pay-per-call service, a charge for the call."; and

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