HF 776

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/23/2015 03:53pm

A bill for an act
relating to telecommunications; prohibiting regulation of voice-over-Internet
protocol service and Internet protocol-enabled service; amending Minnesota
Statutes 2014, section 237.01, by adding subdivisions; proposing coding for new
law in Minnesota Statutes, chapter 237.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 237.01, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Voice-over-Internet protocol service. new text end

new text begin "Voice-over-Internet protocol
service" or "VoIP service" means any service that (1) enables real-time two-way voice
communications that originate from or terminate at the user's location in Internet protocol
or any successor protocol, and (2) permits users generally to receive calls that originate
on the public switched telephone network and terminate calls to the public switched
telephone network.
new text end

Sec. 2.

Minnesota Statutes 2014, section 237.01, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Internet protocol-enabled service. new text end

new text begin "Internet protocol-enabled service"
or "IP-enabled service" means any service, capability, functionality, or application
provided 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,
regardless of whether that communication is voice, data, or video.
new text end

Sec. 3.

new text begin [237.037] VOICE-OVER-INTERNET PROTOCOL SERVICE AND
INTERNET PROTOCOL-ENABLED SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Regulation prohibited. new text end

new text begin Except as provided in this section, no
state agency, including the commission and the Department of Commerce, or political
subdivision of this state shall by rule, order, or other means directly or indirectly regulate
the entry, rates, terms, quality of service, availability, classification, or any other aspect of
VoIP service or IP-enabled service.
new text end

new text begin Subd. 2. new text end

new text begin VoIP regulation. new text end

new text begin (a) To the extent permitted by federal law, VoIP service
is subject to the requirements of sections 237.49, 237.52, 237.70, and 403.11 with regard
to the collection and remittance of the surcharges governed by those sections.
new text end

new text begin (b) A service provider required by state or federal law to provide 911 service must
comply with all the requirements of chapter 403 regarding the provision of 911 service by
a service provider.
new text end

new text begin Subd. 3. new text end

new text begin Relation to other law. new text end

new text begin Nothing in this section restricts, creates, expands,
or otherwise affects or modifies:
new text end

new text begin (1) the commission's authority under the Federal Communications Act of 1934,
United States Code, title 47, sections 251 and 252;
new text end

new text begin (2) any applicable wholesale tariff or any commission authority related to wholesale
services;
new text end

new text begin (3) any commission jurisdiction over (i) intrastate switched access rates, terms,
and conditions, including the implementation of federal law with respect to intercarrier
compensation, or (ii) existing commission authority to address or affect the resolution of
disputes regarding intercarrier compensation;
new text end

new text begin (4) the rights of any entity, or the authority of the commission and local government
authorities, with respect to the use and regulation of public rights-of-way under sections
237.162 and 237.163; or
new text end

new text begin (5) the establishment or enforcement of standards, requirements or procedures in
procurement policies, internal operational policies, or work rules of any state agency or
political subdivision of the state relating to the protection of individual property.
new text end

new text begin Subd. 4. new text end

new text begin Exemption. new text end

new text begin The following services delivered by IP-enabled service are
not regulated under this chapter:
new text end

new text begin (1) video services provided by a cable communications system, as defined in section
238.02, subdivision 3; or
new text end

new text begin (2) cable service, as defined in United States Code, title 47, section 522, clause (6); or
new text end

new text begin (3) any other IP-enabled video service.
new text end