Page:United States Statutes at Large Volume 79.djvu/186

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[79 STAT. 146]
PUBLIC LAW 89-000—MMMM. DD, 1965
[79 STAT. 146]

146

PUBLIC LAW 89-44-JUNE 21, 1965

[79 STAT.

The term 'local telephone service' does not include any service which is a 'toll telephone service' or a 'private communication service' as defined in subsections (b) and (d). " (b) TOLL TELEPHONE SERVICE.—For purposes of this subchapter, the term 'toll telephone service' means— "(1) a telephonic quality communication for which (A) there is a toU charge which varies in amount with the distance and elapsed transmission time of each individual communication and (B) the chargB is paid within the United States, and "(2) a service which entitles the subscriber, upon payment of a periodic charge (determined as a flat amount or upon the basis of total elapsed transmission time), to the privilege of an unlimited number of telephonic communications to or from all or a substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the local telephone system area in which the station provided with this service is located. "(c) TELETYPEWRITER EXCHANGE SERVICE.—For purposes of this subchapter, the term 'teletypewriter exchange service' means the access Jtrom a teletypewriter or other data station to the teletypewriter exchange system of which such station is a part, and the privilege of intercommunication by such station with substantially all persons having teletypewriter or other data stations constituting a part of the same teletypewriter exchange system, to which the subscriber is entitled upon payment of a charge or charges (whether such charge or charges are determined as a flat periodic amount, on the basis of distance and elapsed transmission timCj or in some other manner). The term 'teletypewriter exchange service' does not include any service which is 'local telephone service' as defined in subsection (a). " (d) PRIVATE COMMUNICATION SERVICE.—For purposes of this subchapter, the term 'private communication service' means— " (1) the communication service furnished to a subscriber which entitles the subscriber— " (A) to exclusive or priority use of any communication channel or groups of channels, or " (B) to the use of an intercommunication system for the subscriber's stations, regardless of whether such channel, groups of channels, or intercommunication system may be connected through switching with a service described in subsection (a), (b), or (c), "(2) switching capacity, extension lines and stations, or other associated services which are provided in connection with, and are necessary or unique to the use of, channels or systems described in paragraph (1), and (3) the channel mileage which connects a telephone station located outside a local telephone system area with a central office in such local telephone system, except that such term does not include any communication service unless a separate charge is made for such service. "SEC. 4253. EXEMPTIONS.

" (a) CERTAIN COIN-OPERATED SERVICE.—Service paid for by inserting coins in coin-operated telephones available to the public shall not be subject to the tax imposed by section 4251 with respect to local telephone service, or with respect to toll telephone service if the charge for such toll telephone service is less than 25 cents; except that where such coin-operated telephone service is furnished for a guaranteed