Pennsylvania Act 2008-52 — VOICE-OVER-INTERNET PROTOCOL FREEDOM ACT - ENACTMENT

Act text

VOICE-OVER-INTERNET PROTOCOL FREEDOM ACT - ENACTMENT
                  Act of Jul. 4, 2008, P.L. 627, No. 52               Cl. 66
                                  AN ACT

     Prohibiting the regulation of voice-over-Internet protocol and
        other Internet protocol-enabled products and services; and
        providing for preservation of consumer protection, for fees
        and rates and for preservation of cable franchise authority.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Voice-Over-
     Internet Protocol Freedom Act.
     Section 2.  Legislative findings.
        The General Assembly finds and declares as follows:
            (1)  Growth and enhancement of services using Internet
        protocol technology provide Pennsylvania consumers more
        choice in voice, data and video service than at any other
        time.
            (2)  The proliferation of new technologies and
        applications and a growing number of providers developing and
        offering innovative services using Internet protocol is due
        in large part to little regulation, including freedom from
        regulations governing traditional telephone service, that
        these new technologies and the companies that offer them have
        enjoyed in this Commonwealth. 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 and rate regulation
        on voice-over-Internet protocol and Internet protocol-enabled
        services.
     Section 3.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "IP."  Internet protocol.
        "Internet protocol-enabled service" or "IP-enabled service."
     Except as provided in the definition herein of "Voice-over-
     Internet protocol service," a 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 the communication is voice, data
     or video.
        "Voice-over-Internet protocol service" or "VoIP service."  A
     service that:
            (1)  enables real-time, two-way voice communications that
        originate or terminate from the user's location in Internet
        protocol or any successor protocol;
            (2)  uses a broadband connection from the user's
        location; and
            (3)  permits users generally to receive calls that
        originate on the public switched telephone network and to
        terminate calls to the public switched telephone network.
     Section 4.  Prohibition on IP services regulation.
        Except as set forth in sections 5 and 6, notwithstanding any
     other provision of law, no department, agency, commission or
     political subdivision of the Commonwealth may enact or enforce,
     either directly or indirectly, any law, rule, regulation,
     standard, order or other provision having the force or effect of
     law that regulates, or has the effect of regulating, the rates,
     terms and conditions of VoIP service or IP-enabled service.
     Section 5.  Preservation of consumer protection.
        Nothing in this act shall be construed to affect the Office
     of Attorney General's application or enforcement of laws or
     regulations that apply generally to consumer protection or
     unfair or deceptive trade practices.
     Section 6.  Powers and duties retained.
        Nothing in this act shall be construed to modify any of the
     following:
            (1)  The authority of a Commonwealth department, agency
        or commission to enforce applicable Federal or State statutes
        or regulations relating to any of the following:
                (i)  The provision and administration of enhanced 911
            service and nondiscriminatory enhanced 911 fees.
                (ii)  Telecommunications relay service fees.
                (iii)  Universal service fund fees.
                (iv)  Switched network access rates or other
            intercarrier compensation rates for interexchange
            services provided by a local exchange telecommunications
            company.
                (v)  Rates, terms or conditions of protected services
            provided under tariffs which are subject to approval by
            the Pennsylvania Public Utility Commission.
            (2)  The authority of the Commonwealth or a political
        subdivision to require a cable operator to obtain a franchise
        agreement to provide cable service within a political
        subdivision under section 621(b)(1) of the Communications Act
        of 1934 (48 Stat. 1064, 47 U.S.C. § 541(b)(1)).
     Section 30.  Effective date.
        This act shall take effect immediately.