"Wireless communication device" means any handheld, portable or mobile electronic device capable of transmitting or exchanging data in the form of multimedia, graphics, text, or voice that meets all the following criteria: - The device has a wireless communication capability and is mobile;
- The device requires an upfront or periodic charge or fee to utilize the wireless communications capability; and
- The wireless communication capability that requires an upfront or periodic fee is activated.
For purposes of this section, a notebook or laptop computer is not considered a wireless communication device.