Amounts received for memberships which are in conjunction with a basic membership (add-ons) are not considered a part of the basic membership fee in determining the nominal amount of the basic membership.
Adjusted the "nominal amount" in subdivision (b)(1) from $55 to $60 or less per year, operative January 1, 2016, to reflect an increase in the California Consumer Price Index as provided in the regulation. The term includes devices based on analog technology and devices based on digital technology. A utility regulated by the Public Utilities Commission or the Federal Communications Commission which offers or provides wireless communication or paging services. The retail sale of a wireless telecommunication device which contractually requires the retailer's customer to activate or contract with a wireless telecommunications service provider for utility service for a period greater than one month as a condition of that sale.
A transaction is a bundled transaction within the meaning of this regulation without regard to the method in which the price is stated to the customer.
In such transactions, wireless devices may be sold at a "discounted" price, as an inducement for the customer to enter into an extended service contract.
The fact that a wireless telecommunication device, such as a PCS (Personal Communication Service) telephone, may, because of its technological specifications, be subject to activation with only one service supplier, does not alone mean that the sale of the device will be treated as a bundled transaction. The price at which the retailer has sold specific wireless telecommunication devices to customers who are not required to activate or contract for utility service with the retailer or with an independent wireless telecommunications service provider for utility service as a condition of that sale.
Also, it is immaterial whether the wireless telecommunication device and utility service are sold for a single price or are separately itemized in the context of a sale or on a sales invoice.
A transaction is a bundled transaction if goods and services are sold as a single package, whether wireless telecommunication service is supplied to the customer by the retailer or by an independent service supplier.For example, for the January 1, 2021 adjustment computation, the CCPI index on June 30, 2020, will be compared with the CCPI index on June 30, 2015.If no adjustment is made at that time, the next comparison will be of the CCPI index on June 30, 2025 with the CCPI index on June 30, 2015.Adopted February 22, 1996, effective August 2, 1996. Subdivision (b)(2)—"2006" replaced "2001," "2000" replaced "1995," and "2010" replaced "2005." Amended May 25, 2004, effective August 26, 2004. Current subdivisions (a)(2) and (3) re-numbered (a)(3) and (4) accordingly.Amended October 31, 2000, effective January 1, 2001. Amended October 25, 2005, effective January 10, 2006. Subdivision (c) deleted to remove unnecessary effective date.It is immaterial that the person who sold the membership is not the person who sells the tangible personal property to a member.