House Study Bill 96 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON COWNIE) A BILL FOR An Act exempting internet protocol-enabled service and voice 1 over internet protocol service from specified regulatory 2 authority. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1505YC (4) 86 ad/nh

H.F. _____ Section 1. NEW SECTION . 476.30 Internet protocol-enabled 1 service and voice over internet protocol service —— regulation. 2 1. Notwithstanding any other provision to the contrary, 3 a department, agency, board, or political subdivision of the 4 state shall not by rule, order, or other means directly or 5 indirectly regulate the entry, rates, terms, or conditions 6 for internet protocol-enabled service or voice over internet 7 protocol service. 8 2. For the purposes of this section: 9 a. “Internet protocol-enabled service” means any service, 10 capability, functionality, or application that uses internet 11 protocol or any successor protocol and enables an end user to 12 send or receive voice, data, or video communication in internet 13 protocol format or a successor format. 14 b. “Political subdivision” means the same as defined in 15 section 145A.2. 16 c. “Voice over internet protocol service” means an internet 17 protocol-enabled service that facilitates real-time, two-way 18 voice communication that originates from, or terminates at, a 19 user’s location and permits the user to receive a call that 20 originates from the public switched telephone network and to 21 terminate a call on the public switched telephone network. 22 “Voice over internet protocol service” does not include a 23 service that uses ordinary customer premises equipment with 24 no enhanced functionality that originates from and terminates 25 on the public switched telephone network, undergoes no net 26 protocol conversion, and provides no enhanced functionality 27 to end users due to the provider’s use of internet protocol 28 technology. 29 3. This section shall not be construed to modify or affect 30 the following: 31 a. The authority of the attorney general to take any action 32 pursuant to chapter 537, section 714.16, or any provision which 33 provides that a violation of that provision constitutes a 34 violation under section 714.16. 35 -1- LSB 1505YC (4) 86 ad/nh 1/ 3

H.F. _____ b. The application or enforcement of a law or rule that may 1 apply generally to the conduct of business in this state. 2 c. The board’s authority under 47 U.S.C. §§251 and 252. 3 4. Providers of voice over internet protocol service shall 4 be subject to the following assessments and surcharges: 5 a. Surcharges for E911 emergency services under section 6 34A.7. 7 b. Assessments for dual party relay service under section 8 477C.7. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill provides that, notwithstanding any other provision 13 to the contrary, a department, agency, board, or political 14 subdivision of the state shall not by rule, order, or other 15 means directly or indirectly regulate the entry, rates, terms, 16 or conditions for internet protocol-enabled service or voice 17 over internet protocol service. 18 The bill defines “internet protocol-enabled service” to mean 19 any service, capability, functionality, or application that 20 uses internet protocol or any successor protocol and enables an 21 end user to send or receive voice, data, or video communication 22 in internet protocol format or a successor format. The bill 23 defines “voice over internet protocol service” to mean an 24 internet protocol-enabled service that facilitates real-time, 25 two-way voice communication that originates from, or terminates 26 at, a user’s location and permits the user to receive a call 27 that originates from the public switched telephone network and 28 to terminate a call on the public switched telephone network. 29 The bill provides that “voice over internet protocol service” 30 does not include a service that uses ordinary customer premises 31 equipment with no enhanced functionality that originates from 32 and terminates on the public switched telephone network, 33 undergoes no net protocol conversion, and provides no enhanced 34 functionality to end users due to the provider’s use of 35 -2- LSB 1505YC (4) 86 ad/nh 2/ 3

H.F. _____ internet protocol technology. The bill references a definition 1 of “political subdivision” contained in Code section 145A.2 as 2 meaning any county, township, school district, or city. 3 The bill provides that the bill’s provisions regarding 4 exemption from regulation shall not be construed to modify or 5 affect the authority of the attorney general to take any action 6 pursuant to Code chapter 537 relating to consumer protection 7 or Code section 714.16 relating to consumer fraud or to modify 8 or affect any provision which provides that a violation of 9 that provision constitutes a violation of the consumer fraud 10 provisions of Code section 714.16. Additionally, the bill’s 11 provisions shall not be construed to modify or affect the 12 Iowa utility board’s authority under federal law relating to 13 telecommunications carrier interconnection agreements and 14 procedures. Under the bill, providers of voice over internet 15 protocol service shall be subject to surcharges for enhanced 16 911 services pursuant to Code section 34A.7 and assessments for 17 dual party relay service pursuant to Code section 477C.7. 18 -3- LSB 1505YC (4) 86 ad/nh 3/ 3