First Substitute S.B. 229

Senator Curtis S. Bramble proposes the following substitute bill:

1 TELECOMMUNICATIONS REGULATORY AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis S. Bramble
5 House Sponsor: John Dougall
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions relating to specified Internet communication services.
10 Highlighted Provisions:
11 This bill:
12 . provides definitions;
13 . prohibits the state and a political subdivision of the state from regulating Internet
14 protocol-enabled service or voice over Internet protocol service; and
15 . specifies what the prohibition does not affect.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 54-19-101, Utah Code Annotated 1953
23 54-19-102, Utah Code Annotated 1953
24 54-19-103, Utah Code Annotated 1953
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 54-19-101 is enacted to read:
28 CHAPTER 19. REGULATION OF INTERNET PROTOCOL SERVICES
29 54-19-101. Title.
30 This chapter is known as "Regulation of Internet Protocol Services."
31 Section 2. Section 54-19-102 is enacted to read:
32 54-19-102. Definitions.
33 (1) As used in this section:
34 (a) "Internet protocol-enabled service" means any service, functionality, or application
35 that uses Internet protocol or a successor protocol that enables an end-user to send or receive
36 voice, data, or video communications.
37 (b) "Voice over Internet protocol service" means any service that:
38 (i) enables real time, two-way voice communication originating from or terminating at
39 the user's location;
40 (ii) uses a broadband connection from the user's location; and
41 (iii) permits a user to receive a telephone call that originates on the public switched
42 telephone network and terminates the call to the public switched telephone network.
43 Section 3. Section 54-19-103 is enacted to read:
44 54-19-103. Authority over Internet protocol-enabled services and voice over
45 Internet protocol services.
46 (1) A state agency and political subdivision of the state may not, directly or indirectly,
47 regulate Internet protocol-enabled service or voice over Internet protocol service.
48 (2) The regulatory prohibition in Subsection (1) does not:
49 (a) affect or limit the enforcement of criminal or civil laws, including consumer
50 protection and unfair or deceptive trade practice laws, that apply to the conduct of business;
51 (b) affect, limit, or prohibit the current or future assessment of:
52 (i) a tax;
53 (ii) a 911 fee;
54 (iii) a universal service fund fee;
55 (vi) a telecommunication relay fee; or
56 (v) a public utility regulatory fee;

57 (c) affect or modify:
58 (i) a right or obligation of any telecommunications carrier;
59 (ii) a duty or power of the commission, under 47 U.S.C. Section 251 and 47 U.S.C.
60 Section 252, including arbitration and enforcement of an interconnection agreement;
61 (iii) any obligation for the provision of video service by any person; or
62 (iv) the application of Section 54-8b-2.1 ; or
63 (f) affect the authority of the state or a political subdivision of the state to manage the
64 use of a public right of way, including any requirement for the joint use of utility poles or other
65 structures in the right of way.