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Were I a judge, and I'm not, I'd ask you a couple of questions first. Question one would be to ask if you had a phone in your residence? If you answered yes, then I'd say in your situation that it isn't a utility. If you said no, then I would grant it utility status. The reason for that is that a telephone has become a mainstay in communications and because of possible emergency needs, it could serve a utilitarian purpose (not to mention saving lives).
The second question would be to determine what you use your telephone for the most. For instance, are you a sales person, on the road using it for setting up appointments? Do you travel a lot and have it for emergencies?
Or do you just use it to gab with your friends?
Now, after I've given you a hard time, I'd still call it a utility. Why? If you used your phone to help a stranded motorist, called the police, fire or ambulance or just simply felt secure in being able to reach someone if your car breaks down, to me, that would qualify as a utility.
Electrical service is a utility, although you can live without it. I also feel that a telephone in the home is a utility, too, so why not a portable phone?
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∙ 16y ago
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