Bill Text: IA HSB170 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for 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.
Spectrum: Unknown
Status: (N/A - Dead) 2013-02-25 - Commerce: Cownie Chair,Jacoby, and Smith, J.. [HSB170 Detail]
Download: Iowa-2013-HSB170-Introduced.html
House
Study
Bill
170
-
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
direct
or
indirect
2
regulation
by
any
department,
agency,
board,
or
political
3
subdivision
of
the
state.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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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
or
voice
7
over
internet
protocol
service.
8
b.
(1)
For
purposes
of
this
subsection,
“internet
9
protocol-enabled
service”
means
any
service,
capability,
10
functionality,
or
application
that
uses
internet
protocol
11
or
any
successor
protocol
and
enables
an
end
user
to
send
12
or
receive
voice,
data,
or
video
communication
in
internet
13
protocol
format
or
a
successor
format.
14
(2)
(a)
For
purposes
of
this
subsection,
“voice
over
15
internet
protocol
service”
is
any
service
that
uses
internet
16
protocol
or
a
successor
protocol
to
enable
real-time,
two-way
17
voice
communication
that
originates
from,
or
terminates
at,
18
the
user’s
location
in
internet
protocol
format
or
a
successor
19
format;
or
permits
a
user
to
receive
a
call
that
originates
on
20
the
public
switched
telephone
network
and
to
terminate
a
call
21
to
the
public
switched
telephone
network.
22
(b)
“Voice
over
internet
protocol
service”
does
not
include
a
23
service
that
uses
ordinary
customer
premises
equipment
with
no
24
enhanced
functionality
that
originates
and
terminates
on
the
25
public
switched
telephone
network,
undergoes
no
net
protocol
26
conversion,
and
provides
no
enhanced
functionality
to
end
users
27
due
to
the
provider’s
use
of
internet
protocol
technology.
28
c.
This
subsection
shall
not
be
construed
to
modify
or
29
affect
the
application
or
enforcement
of
a
law
or
rule
that
30
may
apply
generally
to
the
conduct
of
business
in
this
state,
31
including
but
not
limited
to
consumer
protection
and
unfair
32
or
deceptive
trade
practice
laws
and
rules.
This
subsection
33
shall
also
not
be
construed
to
affect,
mandate,
or
prohibit
the
34
assessment
of
nondiscriminatory
E911
fees
or
telecommunications
35
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H.F.
_____
relay
service
fees.
1
EXPLANATION
2
This
bill
exempts
internet
protocol-enabled
service
and
3
voice
over
internet
protocol
service
from
direct
or
indirect
4
regulation
by
any
department,
agency,
board,
or
political
5
subdivision
of
the
state.
6
The
bill
defines
“internet
protocol-enabled
service”
to
mean
7
any
service,
capability,
functionality,
or
application
that
8
uses
internet
protocol
or
any
successor
protocol
and
enables
an
9
end
user
to
send
or
receive
voice,
data,
or
video
communication
10
in
internet
protocol
format
or
a
successor
format.
11
The
bill
defines
“voice
over
internet
protocol
service”
to
12
mean
any
service
that
uses
internet
protocol
or
a
successor
13
protocol
to
enable
real-time,
two-way
voice
communication
14
that
originates
from,
or
terminates
at,
the
user’s
location
15
in
internet
protocol
format
or
a
successor
format;
or
permits
16
a
user
to
receive
a
call
that
originates
on
the
public
17
switched
telephone
network
and
to
terminate
a
call
to
the
18
public
switched
telephone
network.
The
bill
states
that
a
19
service
that
uses
ordinary
customer
premises
equipment
with
no
20
enhanced
functionality
that
originates
and
terminates
on
the
21
public
switched
telephone
network,
undergoes
no
net
protocol
22
conversion,
and
provides
no
enhanced
functionality
to
end
users
23
due
to
the
provider’s
use
of
internet
protocol
technology
is
24
not
a
“voice
over
internet
protocol
service”.
25
The
bill
provides
that
a
department,
agency,
board,
or
26
political
subdivision
of
the
state
shall
not
by
rule,
order,
or
27
other
means
directly
or
indirectly
regulate
the
entry,
rates,
28
terms,
or
conditions
for
internet
protocol-enabled
service
or
29
voice
over
internet
protocol
service.
30
The
bill
adds
that
these
provisions
shall
not
be
construed
31
to
modify
or
affect
the
application
or
enforcement
of
a
law
32
or
rule
that
may
apply
generally
to
the
conduct
of
business
33
in
Iowa,
including
but
not
limited
to
consumer
protection
34
and
unfair
or
deceptive
trade
practice
laws
and
rules.
The
35
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LSB
1574YC
(4)
85
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2/
3
