HSB 170 (LSB 1574YC (4) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON COWNIE)

A BILL FOR

An Act exempting internet protocol-enabled service and voice over internet protocol service from direct or indirect regulation by any department, agency, board, or political subdivision of the state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 476.1, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.
  a.  Notwithstanding any other provision to the contrary, a department, agency, board, or political subdivision of the state shall not by rule, order, or other means directly or indirectly regulate the entry, rates, terms, or conditions for internet protocol-enabled service or voice over internet protocol service.
   b.
  (1)  For purposes of this subsection, “internet protocol-enabled service” means any service, capability, functionality, or application that uses internet protocol or any successor protocol and enables an end user to send or receive voice, data, or video communication in internet protocol format or a successor format.
   (2)
  (a)  For purposes of this subsection, “voice over internet protocol service” is any service that uses internet protocol or a successor protocol to enable real-time, two-way voice communication that originates from, or terminates at, the user’s location in internet protocol format or a successor format; or permits a user to receive a call that originates on the public switched telephone network and to terminate a call to the public switched telephone network.
   (b)  “Voice over internet protocol service” does not include a service that uses ordinary customer premises equipment with no enhanced functionality that originates and terminates on the public switched telephone network, undergoes no net protocol conversion, and provides no enhanced functionality to end users due to the provider’s use of internet protocol technology.
   c.  This subsection shall not be construed to modify or affect the application or enforcement of a law or rule that may apply generally to the conduct of business in this state, including but not limited to consumer protection and unfair or deceptive trade practice laws and rules. This subsection shall also not be construed to affect, mandate, or prohibit the assessment of nondiscriminatory E911 fees or telecommunications relay service fees.
EXPLANATION
   This bill exempts internet protocol-enabled service and voice over internet protocol service from direct or indirect regulation by any department, agency, board, or political subdivision of the state.
   The bill defines “internet protocol-enabled service” to mean any service, capability, functionality, or application that uses internet protocol or any successor protocol and enables an end user to send or receive voice, data, or video communication in internet protocol format or a successor format.
   The bill defines “voice over internet protocol service” to mean any service that uses internet protocol or a successor protocol to enable real-time, two-way voice communication that originates from, or terminates at, the user’s location in internet protocol format or a successor format; or permits a user to receive a call that originates on the public switched telephone network and to terminate a call to the public switched telephone network. The bill states that a service that uses ordinary customer premises equipment with no enhanced functionality that originates and terminates on the public switched telephone network, undergoes no net protocol conversion, and provides no enhanced functionality to end users due to the provider’s use of internet protocol technology is not a “voice over internet protocol service”.
   The bill provides that a department, agency, board, or political subdivision of the state shall not by rule, order, or other means directly or indirectly regulate the entry, rates, terms, or conditions for internet protocol-enabled service or voice over internet protocol service.
   The bill adds that these provisions shall not be construed to modify or affect the application or enforcement of a law or rule that may apply generally to the conduct of business in Iowa, including but not limited to consumer protection and unfair or deceptive trade practice laws and rules. The bill further adds that these provisions shall also not be construed to affect, mandate, or prohibit the assessment of nondiscriminatory E911 fees or telecommunications relay service fees.