HF 1665

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/02/2017 04:17pm

A bill for an act
relating to telecommunications; prohibiting regulation of voice-over-Internet
protocol service and Internet protocol-enabled service; amending Minnesota Statutes
2016, 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 2016, section 237.01, is amended by adding a subdivision
to read:

new text begin Subd. 10. 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 2016, section 237.01, is amended by adding a subdivision to
read:

new text begin Subd. 11. 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 provider of VoIP service must comply with the requirements of chapter 403
applicable to the provision of access to 911 service by service providers, except to the extent
those requirements conflict with federal requirements for the provision of 911 service by
VoIP providers under Code of Federal Regulations, title 47, part 9. A VoIP provider is
entitled to the benefit of the limitation of liability provisions of section 403.07, subdivision
5. Beginning June 1, 2017, and continuing each June 1 thereafter, each VoIP provider shall
file a plan with the commission describing how it will comply with the requirements of this
paragraph. After its initial filing under this paragraph, a VoIP provider shall file with the
commission either an update of the plan or a statement certifying that the plan and personnel
contact information previously filed is still current.
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;
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 intellectual property; or
new text end

new text begin (6) the authority of the attorney general to apply and enforce chapters 325C to 325G,
325K to 325M, and other laws of general applicability governing consumer protection and
trade practices.
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;
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

new text begin Subd. 5. new text end

new text begin Preservation of existing landline telephone service. new text end

new text begin Nothing in this section
restricts, creates, expands, or otherwise affects or modifies the obligations of a telephone
company under this chapter to offer landline telephone service that is not Voice-over-Internet
protocol service.
new text end