Bedke and Hill Letter re VoIP.pdf

Senator Brent Hill Representative Scoff Bedke
President Pro Tempore,Idaho Senate Speaker,Idaho House of Representatives
1919 South 2nd East P.O.Box $9
Rexburg.Idaho $3440 Oakley,Idaho 83346
(20$)356-7495 [phone]
e-mail:[e-mail] E-mail:[e-mail]
f.-)CD
Idaho State Legislature
700 West Jefferson Street -In
Boise,Idaho $3720
March 28,2016 -
(nCci)
0
The Honorable Paul Kjellander
Chairman,Idaho Public Utilities Commission
472 West Washington Street
Boise,ID 83702
Dear Commissioner Kjellander,
An important objective for the Legislature,as we are sure is true as well for the Idaho
Public Utilities Commission,is to foster an environment that encourages job creation
and investment in the most advanced communication technologies to benefit the
people of Idaho.One of those technologies,Voice over Internet Protocol Service (V0IP)
seems to be rapidly emerging as a platform for landline voice service.This emergence
is occurring in an environment that is largely regulation-free for this technology,and
for the larger group of Internet Protocol-Enabled Services tIP-Enabled Services)of
which VoIP is a part.
We are aware that 33 states,plus Washington,DC,have enacted laws preempting or
preventing state and local governments from regulating VoIP,and 19 states,plus
Washington,DC,have done the same for IP-enabled services.The Idaho Legislature
has at times considered legislation to preempt regulation of VoIP and IP-Enabled
Services.In our experience these efforts have extended beyond the narrow question of
whether preemption should be enacted and what form it should take.We appreciate
that there are,as always in a dynamic industry like communications services,
numerous issues which could be reviewed at the same time.However,we would like
to limit our review to the question of preemption of regulation for VoIP and IP-Enabled
Services and the effect that action might have on the need for revision of other Idaho
statutes,and ask your assistance in helping us do this.
We would appreciate your aid and expertise in advising the Legislature and the
Governor on this question.If the Commission is willing,we ask that you consider
convening a group of interested parties to evaluate VoIP and IP-Enabled Service
regulation preemption,whether it should be enacted via legislation,and,if so,what
form it can and should take.As a point of clarification,we are not asking you to
undertake a comprehensive review that would lead to a broad sweeping rewrite of
Idaho’s code related to communications or telecommunications services.
To help advance this matter in a more concrete fashion,we would further ask you to
provide your review and recommendations to the Legislature and the Governor prior to
the convening of the 2017 Legislative Session.We appreciate the knowledge and
experience you bring to a difficult question like this.We thank you in advance for any
assistance you are able to provide.
Sincerely,
Senator Brent Hill Representative Scott Bedke
President Pro Tempore Speaker
Idaho State Senate Idaho House of Representatives
Cc:Governor C.L.“Butch”Otter