49-21-01.9. Voice over internet protocol service and internet protocol-enabled service

49-21-01.9. Voice over internet protocol service and internet protocol-enabled service

1. Notwithstanding any other law, a state entity or political subdivision of the state may

not by rule, order, or other means directly or indirectly regulate the entry, rates, terms,

or conditions for internet protocol-enabled or voice over internet protocol service.

2. Voice over internet protocol service is subject to the following:

a. Any required assessments under any state high-cost universal service fund.

b. Any required assessment of 911 or E911 fees.

c. Any required surcharge under section 54-44.8-08.

d. Any required tax under chapter 57-34.

3. Nothing in this section affects or modifies:

a. Any applicable wholesale tariff or any commission authority to implement or

enforce any rights, duties, or obligations of any party related to wholesale

services.

b. Any entity's obligations or rights or commission authority under sections 251 and

252 of the federal Communications Act of 1934 [47 U.S.C. 251 and 252].

c. Any commission jurisdiction over intrastate switched access rates, terms and

conditions, including the implementation of federal law with respect to intercarrier

compensation or existing commission authority to address or affect the resolution

of disputes regarding intercarrier compensation.

d. Any obligation for the provision of video or cable service by any entity under

applicable law.

e. Any commission jurisdiction or authority to address federal high-cost fund or

federal universal service fund issues.

f. Any obligation to offer essential telecommunications services.

g. Authority to enforce criminal or civil laws, including consumer protection and

unfair or deceptive trade practice laws under title 51, which apply generally to the

conduct of business.

h. Authority of a political subdivision of the state to exercise its zoning power under

chapters 40-47, 58-03, or 11-33.

i. Any obligation arising out of chapter 49-23.