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

(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.

(2) The regulatory prohibition in Subsection (1) does not:

(a) 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;

(b) affect, limit, or prohibit the current or future assessment of:

(i) a tax;

(ii) a 911 fee;

(iii) a universal service fund fee;

(iv) a telecommunication relay fee; or

(v) a public utility regulatory fee;

(c) affect or modify:

(i) a right or obligation of any telecommunications carrier under 47 U.S.C. Sec. 251 and 47 U.S.C. Sec. 252;

(ii) any commission obligation to implement or enforce federal law;

(iii) 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;

(iv) any obligation for the provision of video service by any person; or

(v) the application of Section 54-8b-2.1; or

(d) 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.

Enacted by Chapter 241, 2012 General Session