54-19 - Regulation of Internet Protocol Services

Title 54 > 54-19

Sections (3)

54-19-101 - Title.

This chapter is known as “Regulation of Internet Protocol Services.”

54-19-102 - Definitions.

As used in this section: 54-19-102(1) “Internet protocol-enabled service” means any service, functionality, or application that uses Internet protocol or a successor protocol that enables an end-user to send or receive voice, data, or video communications. 54-19-102(2) “Voice over Internet protocol service” means any service that:

enables real time, two-way voice communication originating from or terminating at the user’s location in Internet protocol or a successor protocol; uses a broadband connection from the user’s location; and permits a user to receive a telephone call that originates on the public switched telephone network and to terminate a call to the public switched telephone network.

54-19-103 - Authority over Internet protocol-enabled services and voice over Internet protocol services.

54-19-103(1) A state agency and political subdivision of the state may not, directly or indirectly, regulate Internet protocol-enabled service or voice over Internet protocol service. 54-19-103(2) The regulatory prohibition in Subsection (1) does not:

affect or limit the enforcement of criminal or civil laws, including consumer protection and unfair or deceptive trade practice laws, that apply to the conduct of business; affect, limit, or prohibit the current or future assessment of: a tax; a 911 fee; a universal service fund fee; a telecommunication relay fee; or a public utility regulatory fee; affect or modify: a right or obligation of any telecommunications carrier under 47 U.S.C. Sec. 251 and 47 U.S.C. Sec. 252; any commission obligation to implement or enforce federal law; a duty or power of the commission, under 47 U.S.C. Sec. 251 and 47 U.S.C. Sec. 252, including arbitration and enforcement of an interconnection agreement; any obligation for the provision of video service by any person; or the application of Section 54-8b-2.1; or affect the authority of the state or a political subdivision of the state to manage the use of a public right of way, including any requirement for the joint use of utility poles or other structures in the right of way.