69-3-850. Internet protocol-enabled service not regulated.
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/mt/title-69/chapter-3/part-8/69-3-850·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
69-3-850 . Internet protocol-enabled service not regulated.
(1)An internet protocol-enabled service is not subject to regulation under this title.
(2)Except as provided in subsections
(3)and (4), an agency, commission, or political subdivision may not enact, adopt, or enforce a law, rule, regulation, ordinance, standard, order, or other provision that regulates the entry, rates, terms, or conditions of any internet protocol-enabled service or otherwise treats providers of internet protocol-enabled service as carriers.
(3)This section does not:
(a)restrict authority delegated to the commission or to a state agency under federal statute, rule, or order;
(b)restrict the application of a law related to consumer protection and fair competition of general applicability to an internet protocol-enabled service or provider;
(c)modify or affect the rights or obligations of a carrier under 47 U.S.C. 251 or 47 U.S.C. 252;
(d)modify or affect commission authority over wholesale telecommunications services, rates, agreements, interconnection, or tariffs;
(e)modify or affect the rights or obligations of any entity for the use of public streets, roads, highways, and rights-of-way, including under an ordinance or agreement managing or providing access to the public right-of-way;
(f)modify or affect the assessment of nondiscriminatory fees associated with enhanced 911 service, universal service, or telecommunications relay service with respect to services described in subsections (4)(b) and (4)(c);
(g)restrict the authority of a state agency to specify requirements for the purchase of an internet protocol-enabled service; or
(h)restrict a commission requirement that a company provider of telecommunications services register as a service provider.
(4)For the purposes of this section, "internet protocol-enabled service" means:
(a)broadband internet service as defined in 90-1-602 (1)(a);
(b)interconnected voice-over internet protocol service that enables real-time, two-way voice communications originating or terminating from a user's location using internet protocol or a successor protocol, that allows users to receive calls originating on the public switched telephone network and to terminate calls to the public switched telephone network, and that requires internet protocol-compatible customer premises equipment;
(c)non-interconnected voice-over internet protocol service that enables real-time voice communications over internet protocol or any successor protocol and that requires internet protocol-compatible customer premises equipment but does not otherwise fit the description of interconnected voice-over internet protocol service; or
(d)any other service, capability, function, or application that uses existing internet protocol or any successor internet protocol and enables an end user to send or receive a communication in existing internet protocol format or any successor internet protocol format, regardless of whether the communication is voice, data, or video.