MPN370.pdf

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LEGISLATURE OF THE STATE OF IDAHO
Sixty-third Legislature Second Regular Session -2016
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This bill draft contains confidential and privileged information exempt
from disclosure under Section 74-109(1),Idaho Code.If you have received
this message by mistake,please notify us immediately by replying to this
message or telephoning the Legislative Services Office at [phone].
AN ACT1
RELATING TO TELECOMMUNICATIONS;AMENDING SECTION 61-121,IDAHO CODE,TO RE-2
VISE THE DEFINITION OF "TELEPHONE CORPORATION"AND "TELECOMMUNICATION3
SERVICE"AND TO MAKE TECHNICAL CORRECTIONS;AMENDING SECTION 62-603,4
IDAHO CODE,TO REVISE DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS;5
AMENDING CHAPTER 6,TITLE 62,IDAHO CODE,BY THE ADDITION OF A NEW SEC-6
TION 62-618A,IDAHO CODE,TO CLARIFY THAT NO STATE GOVERNMENT ENTITY7
OR POLITICAL SUBDIVISION SHALL REGULATE VOIP AND IP-ENABLED SERVICES8
WITH EXCEPTIONS;AND AMENDING SECTIONS 18-6609,26-2239,61-1302 AND9
62-609,IDAHO CODE,TO PROVIDE CORRECT CODE REFERENCES AMENDING SECTION10
62-610,IDAHO CODE,TO REVISE PROVISIONS REGARDING THE UNIVERSAL SER-11
VICE FUND.12
Be It Enacted by the Legislature of the State of Idaho:13
SECTION 1.That Section 61-121,Idaho Code,be,and the same is hereby14
amended to read as follows:15
61-121.TELEPHONE CORPORATION --TELECOMMUNICATION SERVICES.(1)The16
term "telephone corporation"when used in title 61,Idaho Code,means every17
corporation or person,their lessees,trustees,receivers or trustees ap-18
pointed by any court whatsoever,providing telecommunication services for19
compensation within this state.Except as otherwise provided by statute,20
telephone corporations providing :(a)radio paging,mobile radio telecom-21
munication services,answering services,(including computerized or other-22
wise automated answering or voice message services),or;(b)one-way trans-23
mission to subscribers of:(i)video programming,;or (ii)other program-24
ming service,and subscriber interaction,if any,which is required for the25
selection of such video programming or other programming service or survey-26
ing;or (c)voice over internet protocol service or internet protocol-en-27
abled service are exempt from any requirement of title 61,or chapter 6,ti-28
tle 62,Idaho Code,in the provision of such services.29
(2)"Telecommunication service"means the transmission of two-way in-30
teractive switched signs,signals,writing,images,sounds,messages,data,31
or other information of any nature by wire,radio,lightwaves,or other elec-32
tromagnetic means (which that includes message telecommunication service33
and access service),which originate and terminate in this state,and are34
offered to or for the public,or some portion thereof,for compensation.Ex-35
cept as otherwise provided by statute,"telecommunication service"does not36
include:(a)the one-way transmission to subscribers of:(i)video program-37
ming,;or (ii)other programming service,and subscriber interaction,if38
any,which is required for the selection of such video programming or other39
programming service,or surveying,or;(b)the provision of radio paging,40
mobile radio telecommunication services,answering services,(including41
computerized or otherwise automated answering or voice message services),;42
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or (c)voice over internet protocol service or internet protocol-enabled1
service,and such services shall not be subject to the provisions of title2
61,Idaho Code,or title 62,Idaho Code.3
SECTION 2.That Section 62-603,Idaho Code,be,and the same is hereby4
amended to read as follows:5
62-603.DEFINITIONS.As used in this chapter:6
(1)"Basic local exchange service"means the provision of access lines7
to residential and small business customers with the associated transmis-8
sion of two-way interactive switched voice communication within a local ex-9
change calling area.10
(2)"Basic local exchange rate"shall mean the monthly charge imposed11
by a telephone corporation for basic local exchange service,but shall not12
include any charges resulting from action by a federal agency or taxes or13
surcharges imposed by a governmental body which are separately itemized and14
billed by a telephone corporation to its customers.15
(3)"Chapter"as used herein shall mean chapter 6,title 62,Idaho Code.16
(4)"Commission"means the Idaho public utilities commission.17
(5)"Facilities-based competitor"means a local exchange carrier that18
offers basic local exchange service either:(a)exclusively over its own19
telecommunications service facilities;or (b)predominantly over its own20
facilities in combination with the resale of telecommunications services of21
another carrier.22
(6)"Incumbent telephone corporation"means a telephone corporation or23
its successor which was providing basic local exchange service on or before24
February 8,1996.25
(7)"Internet protocol-enabled service"or "IP-enabled service"26
means,except as provided in the definition of "voice over internet proto-27
col service"herein,any service capability,functionality,or application28
provided using internet protocol or any successor protocol,that enables an29
end user to send or receive a communication in internet protocol format or30
any successor format regardless of whether the communication is voice,data31
or video.32
(8)"Local exchange calling area"means a geographic area encompass-33
ing one (1)or more local communities as described in maps,tariffs,rate34
schedules,price lists,or other descriptive material filed with the com-35
mission by a telephone corporation,within which area basic local exchange36
rates rather than message telecommunication service rates apply.37
(89)"Message telecommunication service"(MTS)"means the transmis-38
sion of two-way interactive switched voice communication between local ex-39
change calling areas for which charges are made on a per-unit basis,not in-40
cluding wide area telecommunications service (WATS),or its equivalent,or41
individually negotiated contracts for telecommunication services.42
(910)"Residential customers"shall mean persons to whom telecommuni-43
cation services are furnished at a dwelling and which are used for personal44
or domestic purposes and not for business,professional or institutional45
purposes.46
(101)"Rural telephone company"means a local exchange carrier operat-47
ing entity to the extent that the entity:48
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(a)Provides common carrier service to any local exchange carrier study1
area that does not include either:2
(i)aAny incorporated place of ten thousand (10,000)inhabitants3
or more,or any part thereof,based on the most recently available4
population statistics of the bureau of the census;or5
(ii)aAny territory,incorporated or unincorporated,included in6
an urbanized area,as defined by the bureau of the census as of Au-7
gust 10,1993;8
(b)Provides telephone exchange service,including exchange access,to9
fewer than fifty thousand (50,000)access lines;10
(c)Provides telephone exchange service to any local exchange carrier11
study area with fewer than one hundred thousand (100,000)access lines;12
or13
(d)Has less than fifteen percent (15%)of its access lines in communi-14
ties of more than fifty thousand (50,000)on the date of enactment of the15
federal telecommunications act of 1996.16
(112)"Small business customers"shall mean a business entity,whether17
an individual,partnership,corporation or any other business form,to whom18
telecommunication services are furnished for occupational,professional or19
institutional purposes,and which business entity does not subscribe to more20
than five (5)access lines which are billed to a single billing location.21
(123)"Telecommunications act of 1996"means the federal telecommuni-22
cations act of 1996,pPublic lLaw nNo.104-104 as enacted effective February23
8,1996.24
(134)"Telecommunication service"means the transmission of two-way25
interactive switched signs,signals,writing,images,sounds,messages,26
data,or other information of any nature by wire,radio,lightwaves,or other27
electromagnetic means (which that includes message telecommunication ser-28
vice and access service),which originate and terminate in this state,and29
are offered to or for the public,or some portion thereof,for compensation.30
Except as otherwise provided by statute,"telecommunication service"does31
not include:(a)the one-way transmission to subscribers of:(i)video32
programming,;or (ii)other programming service,and subscriber interac-33
tion,if any,which is required for the selection of such video programming34
or other programming service,or surveying,or;(b)the provision of ra-35
dio paging,mobile radio telecommunication services,answering services,36
(including computerized or otherwise automated answering or voice message37
services),;or (c)voice over internet protocol service or internet proto-38
col-enabled service and such services shall not be subject to the provisions39
of title 61,Idaho Code,or title 62,Idaho Code.40
(145)"Telephone corporation"means every corporation or person,their41
lessees,trustees,receivers or trustees appointed by any court whatso-42
ever,providing telecommunication services for compensation within this43
state,provided that municipal,cooperative,or mutual nonprofit telephone44
companies shall be included in this definition only for the purposes of45
sections 62-610 and 62-617 through 62-620,Idaho Code.Except as otherwise46
provided by statute,telephone corporations providing:(a)radio paging,47
mobile radio telecommunications services,answering services,(including48
computerized or otherwise automated answering or voice message services),49
or;(b)one-way transmission to subscribers of:(i)video programming,;or50
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(ii)other programming service,and subscriber interaction,if any,which1
is required for the selection of such video programming or other programming2
service or surveying;or (c)voice over internet protocol service or inter-3
net protocol-enabled service are exempt from any requirement of this chapter4
or title 61,Idaho Code,in the provision of such services;provided,that5
the providers of these exempted services shall have the benefits given them6
under section 62-608,Idaho Code.7
(16)"Voice over internet protocol service"or "VoIP service"means an8
internet protocol-enabled service that facilitates real time,two-way voice9
communication that originates from,or terminates at,a user's location and10
permits the user to receive a call that originates from the public switched11
telephone network and terminates a call on the public switched telephone12
network.13
SECTION 3.That Chapter 6,Title 62,Idaho Code,be,and the same is14
hereby amended by the addition thereto of a NEW SECTION,to be known and des-15
ignated as Section 62-618A,Idaho Code,and to read as follows:16
62-618A.VOIP AND IP-ENABLED SERVICES.No department,agency,commis-17
sion or political subdivision of the state shall enact,adopt or enforce,18
either directly or indirectly,any law,rule,regulation,ordinance,stan-19
dard,order or other provision having the force or effect of law that regu-20
lates or has the effect of regulating the entry,rates,terms or conditions21
of VoIP service or IP-enabled service.Nothing in this title,or title 61,22
Idaho Code,shall be construed to:23
(1)Exempt VoIP service or IP-enabled service from the Idaho consumer24
protection act,chapter 6,title 48,Idaho Code,or affect the attorney gen-25
eral's authority to apply and enforce that chapter;or26
(3)Modify or affect any entity's obligations or rights or commission27
authority under sections 251 and 252 of the federal communications act of28
1934,47 U.S.C.section 251 or 47 U.S.C.section 252,or commission jurisdic-29
tion over intrastate switched access rates or affect the resolution of dis-30
putes regarding intercarrier compensation.31
(4)To the extent that the Idaho video service act,chapter 30,title32
50,Idaho Code,is applicable to video services provided using internet pro-33
tocol-enabled service or IP-enabled service,this act shall not be construed34
to affect the continued applicability of the Idaho video service act to the35
provision of such video services.36
(5)Unless otherwise prohibited by a specific statute,providers of37
VoIP service shall be subject to,and shall pay,on a competitively neutral38
basis with all other providers of voice communications services,the fol-39
lowing fees and surcharges imposed by state or local government on voice40
communications services:41
(a)emergency communications fees pursuant to the provisions of chap-42
ter 48,title 31,Idaho Code;43
(b)telecommunications relay services fees pursuant to the provisions44
of chapter 13,title 61,Idaho Code;45
(c)telecommunications service assistance program fees pursuant to46
chapter 9,title 56,Idaho Code;and47
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(d)state universal service fund fees pursuant to chapter 6,title 62,1
Idaho Code,and in accordance with any requirements under federal law.2
Provided,nothing herein shall be construed as providing state and local3
governments jurisdiction over VoIP service beyond the collection of fees and4
surcharges as specified in this section.5
SECTION 4.That Section 18-6609,Idaho Code,be,and the same is hereby6
amended to read as follows:7
18-6609.CRIME OF VIDEO VOYEURISM.(1)As used in this section:8
(a)"Broadcast"means the electronic transmittal of a visual image with9
the intent that it be viewed by a person or persons.10
(b)"Disseminate"means to make available by any means to any person.11
(c)"Imaging device"means any instrument capable of recording,stor-12
ing,viewing or transmitting visual images.13
(d)"Intimate areas"means the buttocks,genitals or genital areas of14
males or females,and the breast area of females.15
(e)"Person"means any natural person,corporation,partnership,firm,16
association,joint venture or any other recognized legal entity or any17
agent or servant thereof.18
(f)"Place where a person has a reasonable expectation of privacy"19
means:20
(i)A place where a reasonable person would believe that he could21
undress,be undressed or engage in sexual activity in privacy,22
without concern that he is being viewed,photographed,filmed or23
otherwise recorded by an imaging device;or24
(ii)A place where a person might reasonably expect to be safe from25
casual or hostile surveillance by an imaging device;or26
(iii)Any public place where a person,by taking reasonable27
steps to conceal intimate areas,should be free from the viewing,28
recording,storing or transmitting of images obtained by imaging29
devices designed to overcome the barriers created by a person's30
covering of intimate areas.31
(g)"Publish"means to:32
(i)Disseminate with the intent that such image or images be made33
available by any means to any person;or34
(ii)Disseminate with the intent that such images be sold by an-35
other person;or36
(iii)Post,present,display,exhibit,circulate,advertise or37
allow access by any means so as to make an image or images available38
to the public;or39
(iv)Disseminate with the intent that an image or images be40
posted,presented,displayed,exhibited,circulated,advertised41
or made accessible by any means and to make such image or images42
available to the public.43
(h)"Sell"means to disseminate to another person,or to publish,in ex-44
change for something of value.45
(2)A person is guilty of video voyeurism when:46
(a)With the intent of arousing,appealing to or gratifying the lust47
or passions or sexual desires of such person or another person,or for48
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his own or another person's lascivious entertainment or satisfaction of1
prurient interest,or for the purpose of sexually degrading or abusing2
any other person,he uses,installs or permits the use or installation3
of an imaging device at a place where a person would have a reasonable4
expectation of privacy,without the knowledge or consent of the person5
using such place;or6
(b)He either intentionally or with reckless disregard disseminates,7
publishes or sells or conspires to disseminate,publish or sell any im-8
age or images of the intimate areas of another person or persons without9
the consent of such other person or persons and he knows or reasonably10
should have known that one (1)or both parties agreed or understood that11
the images should remain private.12
(3)A violation of this section is a felony.13
(4)This section does not apply to an interactive computer service,as14
defined in 47 U.S.C.section 230(f)(2),an information service,as defined15
in 47 U.S.C.section 153 or a telecommunication service,as defined in sec-16
tion 61-121(2)or 62-603(134),Idaho Code,for content provided by another17
person,unless the provider intentionally aids or abets video voyeurism.18
SECTION 5.That Section 26-2239,Idaho Code,be,and the same is hereby19
amended to read as follows:20
26-2239.EXEMPTIONS.The provisions of this act shall not apply to the21
following:22
(1)Persons licensed to practice law in this state,to the extent that23
they are retained by their clients to engage in activities authorized by this24
act,and such activities are incidental to the practice of law.Such exemp-25
tion shall not apply to an attorney engaged in a separate business conducting26
the activities authorized by this act;27
(2)Any regulated lender as defined in section 28-41-301,Idaho Code,28
and its subsidiary,affiliate or agent,to the extent that the regulated29
lender,subsidiary,affiliate or agent collects for the regulated lender or30
engages in acts governed by this act which are incidental to the business of31
a regulated lender;32
(3)Any bank,trust company,credit union,insurance company or indus-33
trial loan company authorized to do business in this state;34
(4)Any federal,state or local governmental agency or instrumental-35
ity;36
(5)Any real estate broker or real estate salesman licensed under the37
laws of and residing within this state while engaged in acts authorized by38
his real estate license;39
(6)Any person authorized to engage in escrow business in this state40
while engaged in authorized escrow business;41
(7)Any mortgage company engaged in the regular business of a mortgage42
company as defined in section 26-2802,Idaho Code,except a mortgage company43
engaged in a separate business conducting the activities authorized by this44
act;45
(8)Any court-appointed trustee,receiver or conservator;46
(9)Any telephone corporation as defined in subsection (145)of sec-47
tion 62-603,Idaho Code,whose initial request for payment on behalf of such48
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telephone corporation or on behalf of another person is made by the tele-1
phone corporation as a part of regular telecommunications billings to its2
customers and at a time before the account,bill,claim or other indebtedness3
becomes past due or delinquent;4
(10)Any person while acting as a debt collector for another person,5
both of whom are related by common ownership or affiliated by corporate6
control,if the person acting as a debt collector does so only for persons7
to whom he is so related or affiliated and if the principal business of such8
person is not the collection of debts.9
SECTION 6.That Section 61-1302,Idaho Code,be,and the same is hereby10
amended to read as follows:11
61-1302.DEFINITIONS.In this chapter:12
(1)"Administrator"means the person with whom the Idaho public utili-13
ties commission contracts to administer the program for delivery of telecom-14
munications relay services.15
(2)"Commission"means the Idaho public utilities commission.16
(3)"Communications impaired"mean individuals who are hearing-im-17
paired or speech-impaired as defined in title IV,section 401,Americans18
with disabilities act of 1990,public law 101-336,104 stat.327,336-69 (4719
U.S.C.section 225)or regulations promulgated pursuant thereto.20
(4)"Local exchange company"means a telephone corporation which pro-21
vides access lines to residential and business customers with the associ-22
ated transmission of two (2)way interactive switched voice communication23
within a geographic area where basic local exchange rates rather than mes-24
sage telecommunications service rates apply.25
(5)"Message telecommunications service"shall have the meaning pre-26
scribed in section 62-603(69),Idaho Code.27
(6)"Program"means the effort directed by the administrator pursuant28
to this chapter to establish and operate an Idaho system to provide telecom-29
munications relay services.30
(7)"Telephone corporation"shall have the meaning prescribed in sec-31
tion 62-603(105),Idaho Code.32
(8)"Telecommunications relay services (TRS)"mean services through33
which a communications impaired person,using specialized telecommunica-34
tions equipment,may send and receive messages to and from a noncommuni-35
cations impaired person whose telephone is not equipped with specialized36
telecommunications equipment and through which a noncommunications im-37
paired person may,by using voice communication,send and receive messages38
to and from a communications impaired person.39
SECTION 7.That Section 62-609,Idaho Code,be,and the same is hereby40
amended to read as follows:41
62-609.IMPUTED AND NONDISCRIMINATORY ACCESS CHARGES --COMMISSION42
AUTHORITY.(1)A telephone corporation,which provides basic local exchange43
service,and which also provides message telecommunications service shall44
impute to itself its prices of special access or private line access and45
switched access for the use of essential facilities used in the provision of46
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message telecommunications service,special access or private line access1
services and WATS service or their equivalents.Such imputation shall be in2
the aggregate on a service by service basis.All other providers of message3
telecommunications service,special access or private line access services4
and WATS service or their equivalents shall impute to themselves,in the5
aggregate on a service by service basis,their individual cost of special or6
switched access or its equivalent in their pricing.7
The commission shall define in an appropriate proceeding what are es-8
sential facilities for the purpose of this subsection and shall resolve any9
dispute which may arise under this subsection.10
(2)Telecommunication services which are subject to the provisions11
of this chapter and which services utilize special or switched access,12
shall be made available by the telephone corporation for resale.No tele-13
phone corporation shall,as to its prices or charges for or the provision of14
such services,make or grant any preference or advantage to any telephone15
corporation or to a provider of services exempted from regulation under sec-16
tion 62-603(134),Idaho Code,or subject any telephone corporation or any17
provider of services exempted from regulation under section 62-603(134),18
Idaho Code,to any prejudice or competitive disadvantage with respect to its19
prices or charges for providing access to its local exchange network nor es-20
tablish or maintain any unreasonable difference as to its prices or charges21
for access to its local exchange network.22
(3)Notwithstanding the provisions of section 62-614,Idaho Code,if,23
after negotiation,a dispute under this section exists between or among24
telephone corporations or between or among telephone corporation(s)and25
provider(s)of services exempted from regulation under section 62-603(134),26
Idaho Code,such dispute shall be determined by the commission upon petition27
of any affected telephone corporation or provider(s)of services exempted28
from regulation under section 62-603(134),Idaho Code.29
Information disclosed to the commission for resolution of disputes un-30
der this section shall be provided by the telephone corporations with appro-31
priate safeguards for the protection of business or trade secrets.32
SECTION 8.That Section 62-610,Idaho Code,be,and the same is hereby33
amended to read as follows:34
62-610.UNIVERSAL SERVICE FUND.(1)The commission shall establish a35
universal service fund (USF)for the purpose of maintaining the universal36
availability of local exchange service and VoIP service at reasonable rates37
and to promote the availability of message telecommunications service (MTS)38
at reasonably comparable prices throughout the state of Idaho.39
(2)The USF shall be funded by imposing a statewide end user surcharge40
on local exchange service,VoIP service,and MTS and WATS type services.41
(a)The local exchange surcharge shall be a cents per line charge42
with a business-residential differential equal to the statewide av-43
erage business-residential price ratio.Providers of local exchange44
service shall remit the local exchange surcharge revenues to the fund45
administrator on a monthly basis,unless less frequent remittances are46
authorized by order or rule of the commission.47
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(b)The MTS and WATS surcharge shall be recovered on a percentage basis1
through a surcharge applied to the monthly bill of each end user or by a2
cents per minute charge applied to the bills of all end users.Providers3
of MTS or WATS services shall remit the revenues derived from such sur-4
charge to the fund administrator on a monthly basis,unless less fre-5
quent remittances are authorized by order or rule of the commission.6
(c)The surcharges set forth in paragraphs (a)and (b)of this subsec-7
tion shall be collected by all telephone corporations,including tele-8
phone corporations subject to the provisions of this chapter and mutual9
nonprofit and cooperative telephone corporations,providing the ser-10
vices upon which the surcharge is levied.11
(3)Eligible telecommunications carriers that provide local exchange12
services,exchange and access service or VoIP service for MTS/WATS providers13
and that have rates for these respective services that meet both of the fol-14
lowing criteria shall be eligible for distributions from the USF:15
(a)The eligible telecommunications carrier's basic monthly average16
residence and business local exchange service rates for its predom-17
inant residential and business local exchanges services or for VoIP18
service one-party single line service are in excess of one hundred and19
twenty-five percent (125%)of the weighted statewide average rates for20
residence and business local exchange service rates for one-party sin-21
gle line service respectively,and for such intrastate residential and22
business voice service.23
(b)The eligible telecommunications carrier's average per minute24
charge for MTS/WATS access services it provides is in excess of one hun-25
dred percent (100%)of the weighted statewide average for the same or26
similar MTS/WATS access services.27
(4)Distributions from the fund shall be available to the individual28
eligible telecommunications carrier in Idaho providing basic local exchange29
service or intrastate VoIP service to meet residual revenue requirements30
remaining after deducting the revenue generated by all intrastate telecom-31
munication services,including any revenues generated by intrastate VoIP32
service,including any intrastate cost recovery provided by federal access33
and universal service mechanisms,and any other applicable federal support34
mechanisms from the eligible telecommunications carrier's total intrastate35
telecommunication service revenue requirement as determined by the commis-36
sion ,including local exchange priced at one hundred twenty-five percent37
(125%)or more of the weighted statewide average and MTS/WATS access ser-38
vices priced at one hundred percent (100%)or more of the statewide average39
and contributions from the federal universal service fund.The commission40
shall provide,by order,for not less than seventy-five percent (75%)nor41
more than one hundred percent (100%)of the residual revenue requirement42
of the individual eligible telecommunications carrier to be funded by the43
universal service fund.The commission shall retain its authority to ap-44
prove rate design consistent with this subsection,but notwithstanding45
such authority,the commission shall supply full funding for any commission46
determined revenue requirement.Distributions from the fund shall be made47
monthly.48
(5)On application for support from the universal service fund by an el-49
igible telecommunications carrier that provides some or all of its services50
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through voice over internet protocol,the commission shall have the author-1
ity to examine or to conduct a proceeding to examine the books and records of2
the eligible telecommunications carrier to determine the reasonableness of3
its rates and charges and costs incurred.4
(56)The commission shall:5
(a)Adopt rules for the implementation and administration of the uni-6
versal service fund established in this section;7
(b)Determine which telephone corporations meet the eligibility stan-8
dards;9
(c)Provide for the receipt and collection of the surcharge for the uni-10
versal service fund;and11
(d)Provide for the administration and distribution of the fund to eli-12
gible telecommunications carriers in a manner determined by the commis-13
sion.14
(67)"Local Exchange Service,"as used in section 62-610,Idaho Code,15
means the provision of access lines to customers with the associated trans-16
mission of two-way interactive switched voice communication within a local17
exchange area.18
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TELECOMMUNICATIONS -Amends and adds to existing law to provide that the In-1
ternet and all of its applications are regulated at the federal level and to2
prohibit the state or political subdivisions from regulating certain Inter-3
net services with exceptions.4
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