§ 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:

(2)(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;
(2)(b) affect, limit, or prohibit the current or future assessment of:
(2)(b)(i) a tax;
(2)(b)(ii) a 911 fee;
(2)(b)(iii) a universal service fund fee;
(2)(b)(iv) a telecommunication relay fee; or
(2)(b)(v) a public utility regulatory fee;
(2)(c) affect or modify:
(2)(c)(i) a right or obligation of any telecommunications carrier under 47 U.S.C. Sec. 251 and 47 U.S.C. Sec. 252;
(2)(c)(ii) any commission obligation to implement or enforce federal law;
(2)(c)(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;
(2)(c)(iv) any obligation for the provision of video service by any person; or
(2)(c)(v) the application of Section 54-8b-2.1; or
(2)(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.

Legislative History

Enacted by Chapter 241, 2012 General Session