Authority over Internet protocol-enabled services and voice over Internet protocol services.

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  • (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.




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