Definitions for ORS 165.575 to 165.583.

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(1) "Cellular telephone" means a radio telecommunications device that may be used to obtain access to the public and cellular switch telephone networks and that is programmed by the manufacturer with an electronic serial number.

(2) "Cellular telephone service" means all services and cellular telephone equipment and capabilities available from a provider to an end user for a fee.

(3) "Cloned cellular telephone" or "counterfeit cellular telephone" means a cellular telephone, the electronic serial number of which has been altered by someone other than the manufacturer.

(4) "Cloning paraphernalia" means materials that, when possessed in combination, are capable of creating a cloned cellular telephone. "Cloning paraphernalia" includes, but is not limited to:

(a) Scanners to intercept electronic serial numbers and mobile identification numbers;

(b) Cellular telephones;

(c) Cables;

(d) EPROM chips;

(e) EPROM burners;

(f) Software for programming the cellular telephone with a false electronic serial number, mobile identification number, other identifiable data or a combination thereof;

(g) Computers containing software described in paragraph (f) of this subsection; and

(h) Lists of electronic serial number and mobile identification number combinations.

(5) "Electronic serial number" means a unique number that is programmed into a cellular telephone by the manufacturer, transmitted by the cellular telephone and used by cellular telephone providers to validate radio transmissions to the system as having been made by an authorized device.

(6) "End user" is a person who pays a fee to subscribe to cellular telephone service from a provider or a person receiving a call from or sending a call to the person paying or subscribing for cellular telephone service.

(7) "Intercept" means to electronically capture, record, reveal or otherwise access the signals emitted or received during the operation of a cellular telephone by any instrument, device or equipment without the consent of the sender or receiver.

(8) "Mobile identification number" means the cellular telephone number assigned to the cellular telephone by the cellular telephone provider.

(9) "Provider" means a licensed seller of cellular telephone service or a reselling agent authorized by a licensed seller. [1995 c.524 §1]


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