2005 Idaho Code - 48-1102 — DEFINITIONS

                                  TITLE  48
                        MONOPOLIES AND TRADE PRACTICES
                                  CHAPTER 11
                       IDAHO PAY-PER-TELEPHONE CALL ACT
    48-1102.  DEFINITIONS. In this chapter:
    (1)  "Adult entertainment pay-per-telephone call" means any
pay-per-telephone call service that is of a sexually prurient nature. For the
purpose of this section, sexually prurient is any comment, request,
suggestion, proposal, image, or other communication that, in context, is
obscene, lewd, lascivious, or indecent.
    (2)  "Information provider" means any person, company, or corporation that
controls the content of a pay-per-telephone call service. Any telephone
corporation which transmits pay-per-telephone call service but does not
control the content of the information transmitted is not included within this
definition.
    (3)  "Pay-per-telephone call service" means any telecommunications service
which permits simultaneous calling by a number of  callers to a single
telephone number and for which the calling party is assessed, by virtue of
completing the call, a charge that is not dependent on the existence of a
presubscription or comparable agreement and for which the caller pays a
per-call or per-time-interval  charge that is greater than, or in addition to,
the charge for transmission of the call.
    (4)  "Presubscription or comparable agreement" means an agreement to
purchase  any pay-per-telephone call service and is evidenced by:
    (a)  A written contractual agreement between an information provider and a
    legally competent person that is executed for the sole purpose of
    arranging purchase of pay-per-telephone call services and is separate or
    easily severable  from any promotions or inducements, and in which:
         (i)   The information provider clearly and conspicuously discloses to
         the consumer all material terms and conditions associated with the
         use of the service, including the information provider's name and
         address, a business telephone number which the company may use to
         obtain additional information or to register a complaint, and the
         rates of service;
         (ii)  The information provider agrees to notify the consumer at least
         one (1) billing cycle in advance of any future rate changes;
         (iii) The consumer agrees to use the services on the terms and
         conditions disclosed by the information provider; and
         (iv)  The information provider requires the use of an identification
         number or other means to prevent unauthorized access to the service
         by the nonsubscribers; or
    (b)  Disclosure of a pre-existing credit, prepaid account, debit, charge,
    or calling card number, along with authorization to bill that number,
    provided that the card:
         (i)   Is subject to the dispute resolution procedures of the federal
         truth-in-lending and fair credit reporting acts;
         (ii)  Has, upon request or application, been delivered to the person
         to be billed prior to assessment of charges; and
         (iii) Does not operate to assess charges through automatic number
         identification.
    (5)  "Telephone corporation" means any person or corporation that provides
basic local exchange service or message telecommunication service.