HSB 179 (LSB 2015YC (3) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON COWNIE)

A BILL FOR

An Act providing for an exemption of internet protocol-enabled service from the regulatory authority of the utilities board of the utilities division of the department of commerce.
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. For the 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.
   b.  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.
EXPLANATION
   This bill exempts internet protocol-enabled service from the regulatory authority of the Iowa utilities board. 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 states that, notwithstanding any other provision to the contrary, a department, agency, board, or political subdivision of the state may not by rule, order, or other means directly or indirectly regulate the entry, rates, terms, or conditions for internet protocol-enabled service. The bill specifies that this provision shall not be interpreted 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.