2006 Code of Virginia § 56-1 - Definitions

56-1. Definitions.

Whenever used in this title, unless the context requires a different meaning:

"Broadband connection," for purposes of this section, means a connectionwhere transmission speeds exceed 200 kilobits per second in at least onedirection.

"Commission" means the State Corporation Commission.

"Corporation" or "company" includes all corporations created by acts ofthe General Assembly of Virginia, or under the general incorporation laws ofthis Commonwealth, or doing business therein, and shall exclude all municipalcorporations, other political subdivisions, and public institutions owned orcontrolled by the Commonwealth.

"Interexchange telephone service" means telephone service between points intwo or more exchanges that is not classified as local exchange telephoneservice. "Interexchange telephone service" shall not includeVoice-over-Internet protocol service for purposes of regulation by theCommission, including the imposition of certification processing fees andother administrative requirements, and the filing or approval of tariffs.Nothing herein shall be construed to either mandate or prohibit the paymentof switched network access rates or other intercarrier compensation, if any,related to Voice-over-Internet protocol service.

"Local exchange telephone service" means telephone service provided in ageographical area established for the administration of communicationservices and consists of one or more central offices together with associatedfacilities which are used in providing local exchange service. Local exchangeservice, as opposed to interexchange service, consists of telecommunicationsbetween points within an exchange or between exchanges which are within anarea where customers may call at rates and charges specified in localexchange tariffs filed with the Commission. "Local exchange telephoneservice" shall not include Voice-over-Internet protocol service for purposesof regulation by the Commission, including the imposition of certificationprocessing fees and other administrative requirements, and the filing orapproval of tariffs. Nothing herein shall be construed to either mandate orprohibit the payment of switched network access rates or other intercarriercompensation, if any, related to Voice-over-Internet protocol service.

"Municipality" or "municipal corporation" shall include an authoritycreated by a governmental unit exempt from the referendum requirement of 15.2-5403.

"Person" includes individuals, partnerships, limited liability companies,and corporations.

"Public service corporation" or "public service company" includes gas,pipeline, electric light, heat, power and water supply companies, sewercompanies, telephone companies, telegraph companies, and all personsauthorized to transport passengers or property as a common carrier. "Publicservice corporation" or "public service company" shall not include amunicipal corporation, other political subdivision or public institutionowned or controlled by the Commonwealth; however, if such an entity hasobtained a certificate to provide services pursuant to 56-265.4:4, thensuch entity shall be deemed to be a public service corporation or publicservice company and subject to the authority of the Commission with respectonly to its provision of the services it is authorized to provide pursuant tosuch certificate.

"Railroad" includes all railroad or railway lines, whether operated bysteam, electricity, or other motive power, except when otherwise specificallydesignated.

"Railroad company" includes any company, trustee or other person owning,leasing or operating a railroad.

"Rate" means rate charged for any service rendered or to be rendered.

"Rate," "charge" and "regulation" include joint rates, joint chargesand joint regulations, respectively.

"Transportation company" includes any railroad company, any companytransporting express by railroad, and any ship or boat company.

"Virginia limited liability company" means (i) any limited liabilitycompany organized under Chapter 12 ( 13.1-1000 et seq.) of Title 13.1, (ii)any entity that has become a limited liability company pursuant to Article12.2 ( 13.1-722.8 et seq.) of Chapter 9 of Title 13.1 or pursuant toconversion or domestication under Chapter 12 ( 13.1-1000 et seq.) of Title13.1, or (iii) any foreign limited liability company that is organized or isdomesticated by filing articles of organization that meet the requirements of 13.1-1003 and 13.1-1011 and include (a) the name of the foreign limitedliability company immediately prior to the filing of the articles oforganization; (b) the date on which and the jurisdiction in which the foreignlimited liability company was first formed, organized, created or otherwisecame into being; and (c) the jurisdiction that constituted the seat, siegesocial, or principal place of business or central administration of theforeign limited liability company, or any equivalent thereto under applicablelaw, immediately prior to the filing of the articles of organization. Withrespect to an organization or domestication pursuant to clause (iii), theterms and conditions of a domestication shall be approved in the mannerprovided for by the document, instrument, agreement or other writing, as thecase may be, governing the internal affairs of the foreign limited liabilitycompany in the conduct of its business or by applicable law other than thelaw of the Commonwealth, as appropriate, and the provisions governing thestatus, powers, obligations, and choice of law applicable under 13.1-1010.3shall apply to any limited liability company so domesticated or organized.

"Voice-over-Internet protocol service" or "VoIP service" means anyservice that: (i) enables real-time, two-way voice communications; (ii)requires a broadband connection from the user's location; (iii) requiresInternet protocol-compatible customer premises equipment (CPE); and (iv)permits users generally to receive calls that originate on the publicswitched telephone network and to terminate calls to the public switchedtelephone network.

(Code 1919, 3693, 3881; 1971, Ex. Sess., c. 23; 1984, c. 382; 2002, cc.479, 489; 2004, c. 1028; 2006, cc. 691, 912, 929, 941.)