Senate Study Bill 3173 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON McCOY) 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 5438XC (1) 85 rn/nh
S.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 -1- LSB 5438XC (1) 85 rn/nh 1/ 3
S.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 -2- LSB 5438XC (1) 85 rn/nh 2/ 3
S.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 -3- LSB 5438XC (1) 85 rn/nh 3/ 3