Section 8: Lack of jurisdiction over wireless service; affect on related regulatory and enforcement authority

210 words·~1 min read·/ma/part-i/title-ii/chapter-25c/8

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Section 8.

(a)Notwithstanding chapter 159 or any other general or special law to the contrary, the department shall have no jurisdiction, general supervision, regulation or control over wireless service, including mobile radio telephone service or radio utilities.

(b)Nothing in this section shall be construed to affect or modify:

(i)the authority of the attorney general to apply and enforce chapter 93A and other consumer protection laws of general applicability;

(ii)the authority of the department under sections 18B and 18H of chapter 6A concerning enhanced 911 service, under section 3 of chapter 40A, under section 15E of chapter 166 concerning telephone relay service and under 25A of chapter 166, concering pole attachments;

(iii)the rights and obligations of any carrier under 47 U.S.C. § 251 or 47 U.S.C. § 252;

(iv)the authority of the department to administer federal programs supported by the federal Universal Service Fund, including Lifeline and Link-up programs, the E-rate program or Connect America Fund;

(v)the obligations under state or federal law of a carrier classified as an incumbent local exchange carrier, as defined in 47 U.S.C. § 251(h), as of January 1, 2014; or

(vi)the authority of the department to receive and refer consumer complaints or to perform consumer education activities.