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Reso 2008-097
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Reso 2008-097
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Last modified
7/31/2008 3:16:11 PM
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7/31/2008 3:16:10 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
7/28/2008
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2F Business 2008 0728
(Reference)
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\City Clerk\City Council\Agenda Packets\2008\Packet 2008 0728
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antenna television; satellite master antenna television; multichannel multipoint <br />distribution services (MMDS); video services using internet protocol (e.g., IP-TV and IP- <br />Video, which provide, among other things, broadcasting and video on demand), direct <br />broadcast satellite to the extent federal law permits taxation of its video services, now or <br />in the future; and other suppliers of video services (including two-way communications), <br />whatever their technology. <br />(x) "VOIP (Voice Over Internet Protocol)" means the digital process of making <br />and receiving real-time voice transmissions over any Internet Protocol network. <br />(y) "800 Service" means a "telecommunications service" that allows a caller to <br />dial atoll-free number without incurring a charge for the call. The service is typically <br />marketed under the name "800", "855", "866", "877", and "888" toll-free calling, and <br />any subsequent numbers designated by the Federal Communications Commission. <br />(z) "900 Service" means an inbound toll "telecommunications service" purchased <br />by a subscriber that allows the subscriber's customers to call in to the subscriber's <br />prerecorded announcement or live service. "900 service" does not include the charge for: <br />collection services provided by the seller of the "telecommunications services" to the <br />subscriber, or service or product sold by the subscriber to the subscriber's customer. The <br />service is typically marketed under the name "900" service, and any subsequent numbers <br />designated by the Federal Communications Commission. <br />2-17-110 Constitutional, statutory, and other exemptions. <br />(a) Nothing in this Chapter shall be construed as imposing a tax upon any person or <br />service when the imposition of such tax upon such person or service would be in <br />violation of a federal or state statute, the Constitution of the United States or the <br />Constitution of the State. <br />(b) Any service user that is exempt from the tax imposed by this Chapter pursuant to <br />subsection (a) of this section shall file an application with the Tax Administrator for an <br />exemption; provided, however, this requirement shall not apply to a service user that is a <br />state or federal agency or subdivision with a commonly recognized name for such <br />service. Said application shall be made upon a form approved by the Tax Administrator <br />and shall state those facts, declared under penalty of perjury, which qualify the applicant <br />for an exemption, and shall include the names of all communication service suppliers <br />serving that service user. If deemed exempt by the Tax Administrator, such service user <br />shall give the Tax Administrator timely written notice of any change in communication <br />service suppliers so that the Tax Administrator can properly notify the new <br />communication service supplier of the service user's tax exempt status. A service user <br />that fails to comply with this section shall not be entitled to a refund of a communication <br />users' tax collected and remitted to the Tax Administrator from such service user as a <br />result of such noncompliance. <br />
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