House
Study
Bill
179
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
COWNIE)
A
BILL
FOR
An
Act
providing
for
an
exemption
of
internet
protocol-enabled
1
service
from
the
regulatory
authority
of
the
utilities
board
2
of
the
utilities
division
of
the
department
of
commerce.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
_____
Section
1.
Section
476.1,
Code
2013,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
5A.
a.
Notwithstanding
any
other
provision
3
to
the
contrary,
a
department,
agency,
board,
or
political
4
subdivision
of
the
state
shall
not
by
rule,
order,
or
other
5
means
directly
or
indirectly
regulate
the
entry,
rates,
terms,
6
or
conditions
for
internet
protocol-enabled
service.
For
the
7
purposes
of
this
subsection,
“internet
protocol-enabled
service”
8
means
any
service,
capability,
functionality,
or
application
9
that
uses
internet
protocol
or
any
successor
protocol
and
10
enables
an
end
user
to
send
or
receive
voice,
data,
or
video
11
communication
in
internet
protocol
format
or
a
successor
12
format.
13
b.
This
subsection
shall
not
be
construed
to
modify
or
14
affect
the
application
or
enforcement
of
a
law
or
rule
that
15
may
apply
generally
to
the
conduct
of
business
in
this
state,
16
including
but
not
limited
to
consumer
protection
and
unfair
or
17
deceptive
trade
practice
laws
and
rules.
18
EXPLANATION
19
This
bill
exempts
internet
protocol-enabled
service
from
20
the
regulatory
authority
of
the
Iowa
utilities
board.
The
21
bill
defines
“internet
protocol-enabled
service”
to
mean
any
22
service,
capability,
functionality,
or
application
that
uses
23
internet
protocol
or
any
successor
protocol
and
enables
an
end
24
user
to
send
or
receive
voice,
data,
or
video
communication
in
25
internet
protocol
format
or
a
successor
format.
26
The
bill
states
that,
notwithstanding
any
other
provision
27
to
the
contrary,
a
department,
agency,
board,
or
political
28
subdivision
of
the
state
may
not
by
rule,
order,
or
other
means
29
directly
or
indirectly
regulate
the
entry,
rates,
terms,
or
30
conditions
for
internet
protocol-enabled
service.
The
bill
31
specifies
that
this
provision
shall
not
be
interpreted
to
32
modify
or
affect
the
application
or
enforcement
of
a
law
or
33
rule
that
may
apply
generally
to
the
conduct
of
business
in
34
Iowa,
including
but
not
limited
to
consumer
protection
and
35
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H.F.
_____
unfair
or
deceptive
trade
practice
laws
and
rules.
1
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2