House
Study
Bill
590
-
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
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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
no
24
enhanced
functionality
that
originates
from
and
terminates
on
25
the
public
switched
telephone
network,
undergoes
no
internet
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
application
or
enforcement
of
a
law
or
rule
that
32
may
apply
generally
to
the
conduct
of
business
in
this
state,
33
including
but
not
limited
to
consumer
protection
and
unfair
or
34
deceptive
trade
practice
laws
or
rules.
35
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H.F.
_____
b.
The
board’s
authority
under
47
U.S.C.
§§251
and
252.
1
c.
Surcharges
for
enhanced
911
services
pursuant
to
chapter
2
34A
or
assessments
for
dual
party
relay
service
pursuant
to
3
chapter
477C.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
provides
that,
notwithstanding
any
other
provision
8
to
the
contrary,
a
department,
agency,
board,
or
political
9
subdivision
of
the
state
shall
not
by
rule,
order,
or
other
10
means
directly
or
indirectly
regulate
the
entry,
rates,
terms,
11
or
conditions
for
internet
protocol-enabled
service
or
voice
12
over
internet
protocol
service.
13
The
bill
defines
“internet
protocol-enabled
service”
to
mean
14
any
service,
capability,
functionality,
or
application
that
15
uses
internet
protocol
or
any
successor
protocol
and
enables
an
16
end
user
to
send
or
receive
voice,
data,
or
video
communication
17
in
internet
protocol
format
or
a
successor
format.
The
bill
18
defines
“voice
over
internet
protocol
service”
to
mean
an
19
internet
protocol-enabled
service
that
facilitates
real-time,
20
two-way
voice
communication
that
originates
from,
or
terminates
21
at,
a
user’s
location
and
permits
the
user
to
receive
a
call
22
that
originates
from
the
public
switched
telephone
network
and
23
to
terminate
a
call
on
the
public
switched
telephone
network.
24
The
bill
provides
that
“voice
over
internet
protocol
service”
25
does
not
include
a
service
that
uses
ordinary
customer
premises
26
equipment
with
no
enhanced
functionality
that
originates
from
27
and
terminates
on
the
public
switched
telephone
network,
28
undergoes
no
internet
protocol
conversion,
and
provides
no
29
enhanced
functionality
to
end
users
due
to
the
provider’s
30
use
of
internet
protocol
technology.
The
bill
references
a
31
definition
of
“political
subdivision”
contained
in
Code
section
32
145A.2
as
meaning
any
county,
township,
school
district,
or
33
city.
34
The
bill
provides
that
the
bill’s
provisions
regarding
35
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H.F.
_____
exemption
from
regulation
shall
not
be
construed
to
modify
or
1
affect
the
application
or
enforcement
of
a
law
or
rule
that
may
2
apply
generally
to
the
conduct
of
business
in
Iowa,
including
3
but
not
limited
to
consumer
protection
and
unfair
or
deceptive
4
trade
practice
laws
or
rules;
to
the
Iowa
board’s
authority
5
under
federal
law
relating
to
telecommunications
carrier
6
interconnection
agreements
and
procedures;
or
to
surcharges
7
for
enhanced
911
services
pursuant
to
Code
chapter
34A
or
8
assessments
for
dual
party
relay
service
pursuant
to
Code
9
chapter
477C.
10
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5438YC
(3)
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3