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• <br /> by regulatory order to compensate for the cost to the company of the tax <br /> imposed by this chapter. <br /> 2. "Telephone business" means the business of providing access to a local <br /> telephone network, local telephone network switching service, toll service, <br /> cellular telephone service, or coin telephone services, or providing telephone, <br /> video, data, or similar communication or transmission for hire, via a local <br /> telephone network, toll line or channel, or similar communication or transmission <br /> system. It includes cooperative or farmer line telephone companies or <br /> associations operating an exchange. "Telephone business" does not include the <br /> providing of competitive telephone services, the providing of cable television <br /> services, nor the providing of broadcast services by radio or television stations. <br /> 3. "Competitive telephone service" means the providing by any person of <br /> telecommunications equipment, apparatus, or service related to that equipment <br /> or apparatus such as repair or maintenance service, other than toll service, if the <br /> equipment or apparatus is of a type which can be provided by persons that are <br /> not subject to regulation as telephone companies under RCW Title 80 and for <br /> which a separate charge is made. Transmission of communications through <br /> cellular telephones is classified as "telephone business" rather than "competitive <br /> telephone service". <br /> 4. "Cellular telephone service" means the two-way voice and data telephone/tele- <br /> communications system based in whole or substantially in part on wireless radio <br /> communications and which is not subject to regulation by the Washington Utilities <br /> and Transportation Commission (WUTC). This includes "cellular mobile service". <br /> The cellular system is defined by the FCP as a high capacity land mobile system <br /> in which assigned spectrum is divided into discrete channels which are assigned <br /> in groups to geographic cells covering a cellular geographic service area. The <br /> discrete channels are capable of being revised in different cells within the same <br /> area. The "cellular mobile service" is defined to include other wireless radio <br /> communications services such as specialized mobile radio (SMR), personal <br /> communication services (PCS), and any other evolving wireless radio <br /> communications technology which accomplishes the same purpose as cellular <br /> mobile service. <br /> C. Upon every person engaged in or carrying on the sale of artificial, natural, or mixed <br /> gases, a tax equal to four and one-half (4.5%) percent of the total gross revenues <br /> derived from the operation of such business within the city of Everett, which shall be <br /> paid monthly on or before the 20th of the following month. <br /> D. Upon every person engaged in or carrying on the sale of electrical power, a tax equal <br /> to four and one-half(4.5%) percent of the total gross revenues derived from the sale <br /> of electricity within the city of Everett, exclusive of revenues derived from the sale of <br /> electricity for purposes of resale, which shall be paid monthly on or before the 20th <br /> day of the following month. <br /> SECTION 2: APPLICATION. If any provision of this ordinance or its application to any <br /> person or circumstance is held invalid, the remainder of the ordinance or <br /> the application of the provisions to other persons or circumstances is not <br /> affected. <br /> SECTION 3: EFFECTIVE DATE. This ordinance shall take effect January 1, 1998 <br /> SECTION 4: Nothing contained herein shall be construed as abating any action now <br /> pending under or by virtue of the ordinance herein amended; or as <br /> discontinuing, abating, modifying or altering any tax liability or any tax <br />