114 STAT. 632 PUBLIC LAW 106-252—JULY 28, 2000 "(7) MOBILE TELECOMMUNICATIONS SERVICE.— The term 'mobile telecommunications service' means commercial mobile radio service, as defined in section 20.3 of title 47 of the Code of Federal Regulations as in effect on June 1, 1999. "(8) PLACE OF PRIMARY USE. —The term 'place of primary use' means the street address representative of where the customer's use of the mobile telecommunications service primarily occurs, which must be— "(A) the residential street address or the primary business street address of the customer; and "(B) within the licensed service area of the home service provider. "(9) PREPAID TELEPHONE CALLING SERVICES. — The term 'prepaid telephone calling service' means the right to purchase exclusively telecommunications services that must be paid for in advance, that enables the origination of calls using an access number, authorization code, or both, whether manually or electronically dialed, if the remaining amount of units of service that have been prepaid is known by the provider of the prepaid service on a continuous basis. "(10) RESELLER.The term 'reseller'— "(A) means a provider who purchases telecommunications services from another telecommunications service provider and then resells, uses as a component part of, or integrates the purchased services into a mobile telecommunications service; and "(B) does not include a serving carrier with which a home service provider arranges for the services to its customers outside the home service provider's licensed service area. "(11) SERVING CARRIER.— The term 'serving carrier' means a facilities-based carrier providing mobile telecommunications service to a customer outside a home service provider's or reseller's licensed service area. "(12) TAXING JURISDICTION.— The term 'taxing jurisdiction' means any of the several States, the District of Columbia, or any territory or possession of the United States, any municipality, city, county, township, parish, transportation district, or assessment jurisdiction, or any other political subdivision within the territorial limits of the United States with the authority to impose a tax, charge, or fee. "§ 125. Nonseverability "If a court of competent jurisdiction enters a final judgment on the merits that— "(1) is based on Federal law; "(2) is no longer subject to appeal; and "(3) substantially limits or impairs the essential elements of sections 116 through 126 of this title, then sections 116 through 126 of this title are invalid and have no legal effect as of the date of entry of such judgment. "§ 126. No inference "(a) INTERNET TAX FREEDOM ACT.— Nothing in sections 116 through this section of this title shall be construed as bearing on Congressional intent in enacting the Internet Tax Freedom Act or to modify or supersede the operation of such Act.
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