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Business Taxes Law Guide—Revision 2024
Emergency Telephone Users Surcharge Act
Revenue and Taxation Code
Division 2. Other Taxes
Part 20. Emergency Telephone Users Surcharge Act
Chapter 1. General Provisions and Definitions.
Section 41016.5
Text of Section Operative Through December 31, 2019
41016.5. "VoIP service." (a) "VoIP service" means any service that satisfies the requirements set forth in paragraph (1) and (2).
(1) Does all of the following:
(A) Enables real-time, two-way voice communication that originates from and terminates to the user's location using Internet Protocol (IP) or any successor protocol.
(B) Requires a broadband connection from the user's location.
(C) Permits users, generally, to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.
(2) Does at least one of the following:
(A) Requires Internet protocol-compatible customer premises equipment (CPE).
(B) When necessary, is converted to or from transmission control protocol (TCP)/IP by the service user's service supplier before or after being switched by the public switched telephone network.
(C) Is a service that the Federal Communications Commission (FCC) has affirmatively required to provide 911 or E911 service.
(b) This definition shall only apply to this part.
(c) This section shall become inoperative on January 1, 2020, and shall be repealed as of that date.
History—Added by Stats. 2008, Ch. 17 (SB 1040), in effect May 21, 2008. Stats. 2019, Ch. 54 (SB 96), repealed by its own provisions effective July 1, 2019, and inoperative January 1, 2020.
Text of Section Operative Through January 1, 2020
41016.5. "VoIP service." (a) "VoIP service" means any service that satisfies the requirements set forth in paragraph (1) and (2).
(1) Does all of the following:
(A) Enables real-time, two-way voice communication that originates from and terminates to the user’s location using Internet Protocol (IP) or any successor protocol.
(B) Requires a broadband connection from the user’s location.
(C) Permits users, generally, to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.
(2) Does at least one of the following:
(A) Requires Internet Protocol-compatible customer premises equipment (CPE).
(B) When necessary, is converted to or from transmission control protocol (TCP)/IP by the service user’s service supplier before or after being switched by the public switched telephone network.
(C) Is a service that the Federal Communications Commission (FCC) has affirmatively required to provide 911 service.
(b) For the purposes of the surcharge imposed by Chapter 2 (commencing with Section 41020), both of the following shall apply:
(1) A VoIP service line does not include a direct inward dialing number, extension, or other similar feature that routes an inbound call and cannot provide direct access to the 911 emergency communications system.
(2) The number of surcharges imposed shall not exceed the total number of concurrent outbound calls that can be placed to the emergency communications system at a single point of time.
(c) This definition shall only apply to this part.
(d) This section shall become operative on January 1, 2020
History—Stats. 2019, Ch. 54 (SB 96), repealed and added by its own provisions effective July 1, 2019, but operative January 1, 2020