US Code

Public Law 119-73 (01/23/2026)

26 U.S.C. § 4252

Definitions

(a)

Local telephone service

For purposes of this subchapter, the term “local telephone service” means—
(1)
the access to a local telephone system, and the privilege of telephonic quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system, and
(2)
any facility or service provided in connection with a service described in paragraph (1).
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 toll charge which varies in amount with the distance and elapsed transmission time of each individual communication and (B) the charge 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 from 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 time, 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.

Aug. 16, 1954, ch. 73668A Stat. 503Pub. L. 85–859, title I, § 133(a)72 Stat. 1290Pub. L. 87–508, § 4(a)76 Stat. 115Pub. L. 89–44, title III, § 30279 Stat. 145(, ; , , ; , , ; , , .)

Editorial Notes

Codification

Pub. L. 90–364, title I, § 105(b)(3)82 Stat. 266Pub. L. 91–172, title VII, § 702(b)(3)83 Stat. 660Pub. L. 91–614, title II, § 201(b)(3)84 Stat. 1843section 4251 of this titlePub. L. 96–499Pub. L. 97–34Pub. L. 97–248Pub. L. 98–369Pub. L. 99–514Pub. L. 100–203Pub. L. 101–508This subchapter, relating to the tax on communications was repealed by , , , as amended by , , ; , , , effective with respect to amounts paid pursuant to bills first rendered on or after . In the case of communications services rendered before , for which a bill has not been rendered before , a bill shall be treated as having been first rendered on . Repeal of this subchapter was not executed in view of the amendments to by , , , , , , and , extending the date in (and finally eliminating) provisions which had reduced the tax to zero after a specified date.

Amendments

Pub. L. 89–441965—Subsec. (a). substituted definition of “local telephone service” for definition of “general telephone service”.

Pub. L. 89–44Subsec. (b). replaced definition of “toll telephone service” as telephone or radio telephone message or conversation for which there is a toll charge paid within the United States with a definition which defined the term as a telephonic quality communication carrying a varying toll charge depending upon distance and elapsed transmission time and a service entitling the subscriber, upon payment of a periodic charge, to unlimited telephonic communication in an area outside the local telephone system area.

Pub. L. 89–44Subsec. (c). substituted definition of “teletypewriter exchange service” for definition of “telegraph service”.

Pub. L. 89–44Subsec. (d). substituted definition of “private communication service” for definition of “teletypewriter exchange service”.

Pub. L. 89–44Subsecs. (e), (f). struck out subsecs. (e) and (f) which defined wire mileage service and wire and equipment service.

Pub. L. 87–5081962—Subsec. (e)(1), (2). limited wire mileage service to service not used in the conduct of a trade or business.

Pub. L. 85–8591958—Subsec. (a). substituted definition of “general telephone service” for provisions which defined “local telephone service” as any telephone service not taxable as long distance telephone service; leased wire; teletypewriter or talking circuit special service; or wire and equipment service, and provided that amounts paid for the installation of instruments, wires, poles, switchboards, apparatus, and equipment shall not be considered amounts paid for service, and that amounts paid for services and facilities which are exempted from other communication taxes by section 4253(b) should not be deemed to be within the definition of local telephone service.

Pub. L. 85–859Subsec. (b). substituted “toll telephone service” for “long distance telephone service” and struck out provisions which defined “long distance telephone service” as a telephone or radio telephone message or conversation for which the toll charge is more than 24 cents.

Pub. L. 85–859Subsec. (c). substituted “For purposes of this subchapter, the term ‘telegraph service’ means a telegram” for “As used in section 4251 the term ‘telegraph service’ means a telegraph”.

Pub. L. 85–859Subsec. (d). substituted provisions defining “teletypewriter exchange service” for provisions which defined “leased wire, teletypewriter or talking circuit special service”.

Pub. L. 85–859Subsec. (e). substituted provisions defining “wire mileage service” for provisions which defined “wire and equipment service”, which were covered by subsec. (f) of this section.

Pub. L. 85–859Subsec. (f). added subsec. (f). Similar provisions were formerly contained in subsec. (e) of this section.

Statutory Notes and Related Subsidiaries

Effective Date of 1965 Amendment

Pub. L. 89–44section 701(b)(2)(A) of Pub. L. 89–44section 4251 of this titleAmendment by applicable to amounts paid pursuant to bills rendered on or after , for services rendered on or after such date but, in the case of amounts paid pursuant to bills rendered after , for services rendered before such date for which no previous bill had been rendered, applicable except with respect to such services as were rendered more than two months before such date, see , set out as a note under .

Effective Date of 1962 Amendment

Pub. L. 87–508, § 4(c)76 Stat. 115

section 4253 of this title“The amendments made by subsections (a) and (b) [amending this section and ] shall apply with respect to services furnished on or after .”
, , , provided that:

Effective Date of 1958 Amendment

Pub. L. 85–859section 133(b) of Pub. L. 85–859section 4251 of this titleFor effective date of amendment made by , see , set out as a note under .