Chapter 094
2009 -- S 0968
Enacted 07/09/09
A N A C T
RELATING TO PUBLIC UTILITIES AND CARRIERS -- BROADBAND DEPLOYMENT AND INVESTMENT ACT
Introduced By: Senators Walaska, Connors, and Miller
Date Introduced: June 04, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Title 39 of the General Laws entitled
"PUBLIC UTILITIES AND
CARRIERS" is hereby
amended by adding thereto the following chapter:
CHAPTER
28
BROADBAND
DEPLOYMENT AND INVESTMENT ACT
39-28-1.
Findings. -- The
enhancement of services using Internet protocol technology provide
more choice in voice, data and video services than at any
other time. The proliferation of new
technologies and applications and the growing number of providers
developing and offering
innovative services using Internet protocol are due in large
part to little barrier to investment,
including freedom from state laws and regulations governing
traditional telephone service, that
these technologies have enjoyed in
uniform in its oversight of Internet protocol-enabled
services. The economic benefits, including
consumer choice, new jobs and significant capital investment,
will be jeopardized and
competition minimized by the imposition of traditional state
entry, rate and service term
regulation on voice-over-Internet protocol service and Internet
protocol-enabled service.
39-28-2.
Definitions. -- For the purpose of this
chapter, the following terms shall have
the following meanings:
(1)
“Voice-over-Internet Protocol Service” or “VoIP Service”
means any service that:
(i)
Enables real-time, two-way voice communications that originate from or
terminate at
the user’s location in Internet protocol or any successor
protocol;
(ii) Uses a broadband
connection from the user’s location; and
(iii) Permits users
generally to receive calls that originate on the public switched
telephone network and to terminate calls to the public switched
telephone network.
(2) “Internet
Protocol-enabled service” of “IP-enabled service” means any service,
capability, functionality, or application provided except that
as provided in subdivision 39-28-
2(1) using Internet protocol, or any successor
protocol, that enables an end user to send or receive
a communication in Internet protocol format or any
successor format.
39-28-3. Regulation. -- Notwithstanding any
general or public law, to the contrary and
with the exception of the provisions of subsection
39-28-4, no department, agency, commission
or political subdivision of
any law, rule, regulation, ordinance, standard, order or
other provision having the force or effect
of law that regulates, or has the effect of regulating,
the entry, rates, terms or conditions of VoIP
Service or IP-enabled service.
39-28-4. Unaffected fees. -- Nothing in this act shall be
construed to affect, mandate or
prohibit the assessment of nondiscriminatory enhanced 911
fees; telecommunications relay
service fees or the telecommunications education access fund
surcharge under section 39-1-61.
39-28-5.
Rights or obligations of carriers. -- Nothing
in this act shall be construed to
modify or affect the rights or obligations of any carrier
pursuant to 47 U.S.C. section 251 or 47
U.S.C. section 252.
39-28-6.
Effect on tax obligations or authority. -- Nothing
in this act shall be construed
to modify or affect any tax obligations imposed by
section 44-13-4 or the authority of the
department of revenue to enforce any such obligations.
39-28-7.
No derogation of attorney general. -- Nothing
in this chapter shall derogate
from the common law or statutory authority of the attorney
general, nor shall any provision be
construed as a limitation on the common law or statutory
authority of the attorney general,
including, but not limited to, the authority to enforce
consumer protection or unfair or deceptive
trade practice statutes and regulations.
SECTION 2. This act shall take effect upon passage.
=======
LC02715
=======