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LEGISLATURE OF THE STATE OF IDAHO
Sixty-third Legislature First Regular Session -2015
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This bill draft contains confidential and privileged information exempt
from disclosure under Section 9-340F(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.10
Be It Enacted by the Legislature of the State of Idaho:11
SECTION 1.That Section 61-121,Idaho Code,be,and the same is hereby12
amended to read as follows:13
61-121.TELEPHONE CORPORATION --TELECOMMUNICATION SERVICES.(1)The14
term "telephone corporation"when used in title 61,Idaho Code,means every15
corporation or person,their lessees,trustees,receivers or trustees ap-16
pointed by any court whatsoever,providing telecommunication services for17
compensation within this state.Except as otherwise provided by statute,18
telephone corporations providing :(a)radio paging,mobile radio telecom-19
munication services,answering services,(including computerized or other-20
wise automated answering or voice message services),or;(b)one-way trans-21
mission to subscribers of:(i)video programming,;or (ii)other program-22
ming service,and subscriber interaction,if any,which is required for the23
selection of such video programming or other programming service or survey-24
ing;or (c)voice over internet protocol service or internet protocol-en-25
abled service are exempt from any requirement of title 61,or chapter 6,ti-26
tle 62,Idaho Code,in the provision of such services.27
(2)"Telecommunication service"means the transmission of two-way in-28
teractive switched signs,signals,writing,images,sounds,messages,data,29
or other information of any nature by wire,radio,lightwaves,or other elec-30
tromagnetic means (which that includes message telecommunication service31
and access service),which originate and terminate in this state,and are32
offered to or for the public,or some portion thereof,for compensation.Ex-33
cept as otherwise provided by statute,"telecommunication service"does not34
include:(a)the one-way transmission to subscribers of:(i)video program-35
ming,;or (ii)other programming service,and subscriber interaction,if36
any,which is required for the selection of such video programming or other37
programming service,or surveying,or;(b)the provision of radio paging,38
mobile radio telecommunication services,answering services,(including39
computerized or otherwise automated answering or voice message services),;40
or (c)voice over internet protocol service or internet protocol-enabled41
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service,and such services shall not be subject to the provisions of title1
61,Idaho Code,or title 62,Idaho Code.2
SECTION 2.That Section 62-603,Idaho Code,be,and the same is hereby3
amended to read as follows:4
62-603.DEFINITIONS.As used in this chapter:5
(1)"Basic local exchange service"means the provision of access lines6
to residential and small business customers with the associated transmis-7
sion of two-way interactive switched voice communication within a local ex-8
change calling area.9
(2)"Basic local exchange rate"shall mean the monthly charge imposed10
by a telephone corporation for basic local exchange service,but shall not11
include any charges resulting from action by a federal agency or taxes or12
surcharges imposed by a governmental body which are separately itemized and13
billed by a telephone corporation to its customers.14
(3)"Chapter"as used herein shall mean chapter 6,title 62,Idaho Code.15
(4)"Commission"means the Idaho public utilities commission.16
(5)"Facilities-based competitor"means a local exchange carrier that17
offers basic local exchange service either:(a)exclusively over its own18
telecommunications service facilities;or (b)predominantly over its own19
facilities in combination with the resale of telecommunications services of20
another carrier.21
(6)"Incumbent telephone corporation"means a telephone corporation or22
its successor which was providing basic local exchange service on or before23
February 8,1996.24
(7)"Internet protocol-enabled service"or "IP-enabled service"25
means,except as provided in the definition of "voice over internet proto-26
col service"herein,any service capability,functionality,or application27
provided using internet protocol or any successor protocol,that enables an28
end user to send or receive a communication in internet protocol format or29
any successor format regardless of whether the communication is voice,data30
or video.31
(8)"Local exchange calling area"means a geographic area encompass-32
ing one (1)or more local communities as described in maps,tariffs,rate33
schedules,price lists,or other descriptive material filed with the com-34
mission by a telephone corporation,within which area basic local exchange35
rates rather than message telecommunication service rates apply.36
(89)"Message telecommunication service"(MTS)"means the transmis-37
sion of two-way interactive switched voice communication between local ex-38
change calling areas for which charges are made on a per-unit basis,not in-39
cluding wide area telecommunications service (WATS),or its equivalent,or40
individually negotiated contracts for telecommunication services.41
(910)"Residential customers"shall mean persons to whom telecommuni-42
cation services are furnished at a dwelling and which are used for personal43
or domestic purposes and not for business,professional or institutional44
purposes.45
(101)"Rural telephone company"means a local exchange carrier operat-46
ing entity to the extent that the entity:47
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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."Voice over internet protocol service"does not include a service13
that uses ordinary customer premises'equipment with no enhanced function-14
ality that originates from and terminates on the pubic switched telephone15
network,undergoes no net protocol conversion,and provides no enhanced16
functionality to end users due to the provider's use of internet protocol17
technology.18
SECTION 3.That Chapter 6,Title 62,Idaho Code,be,and the same is19
hereby amended by the addition thereto of a NEW SECTION,to be known and des-20
ignated as Section 62-618A,Idaho Code,and to read as follows:21
62-618A.VOIP AND IP-ENABLED SERVICES.No department,agency,commis-22
sion or political subdivision of the state shall enact,adopt or enforce,23
either directly or indirectly,any law,rule,regulation,ordinance,stan-24
dard,order or other provision having the force or effect of law that regu-25
lates or has the effect of regulating the entry,rates,terms or conditions26
of VoIP service or IP-enabled service.Nothing in this title,or title 61,27
Idaho Code,shall be construed to:28
(1)Affect any assessment on VoIP service for nondiscriminatory emer-29
gency communications fees pursuant to the provisions of chapter 48,title30
31,Idaho Code,telecommunications relay service fees,Idaho telecommunica-31
tions service assistance program fees or state universal service fund fee;32
(2)Exempt VoIP service or IP-enabled service from the Idaho consumer33
protection act,chapter 6,title 48,Idaho Code,or affect the attorney gen-34
eral's authority to apply and enforce that chapter;35
(3)Modify or affect the rights or obligations of any entity,includ-36
ing the Idaho public utilities commission,arising from 47 U.S.C.section37
214(e),47 U.S.C.section 251 or 47 U.S.C.section 252,including a wholesale38
communications provider certification granted by the Idaho public utilities39
commission;or40
(4)To the extent that the Idaho video service act,chapter 30,title41
50,Idaho Code,is applicable to video services provided using internet42
protocol-enabled service,or IP-enabled service,this act shall not be con-43
strued to affect the continued applicability of the Idaho video service act44
to the provision of such video services.45
SECTION 4.That Section 18-6609,Idaho Code,be,and the same is hereby46
amended to read as follows:47
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18-6609.CRIME OF VIDEO VOYEURISM.(1)As used in this section:1
(a)"Broadcast"means the electronic transmittal of a visual image with2
the intent that it be viewed by a person or persons.3
(b)"Disseminate"means to make available by any means to any person.4
(c)"Imaging device"means any instrument capable of recording,stor-5
ing,viewing or transmitting visual images.6
(d)"Intimate areas"means the buttocks,genitals or genital areas of7
males or females,and the breast area of females.8
(e)"Person"means any natural person,corporation,partnership,firm,9
association,joint venture or any other recognized legal entity or any10
agent or servant thereof.11
(f)"Place where a person has a reasonable expectation of privacy"12
means:13
(i)A place where a reasonable person would believe that he could14
undress,be undressed or engage in sexual activity in privacy,15
without concern that he is being viewed,photographed,filmed or16
otherwise recorded by an imaging device;or17
(ii)A place where a person might reasonably expect to be safe from18
casual or hostile surveillance by an imaging device;or19
(iii)Any public place where a person,by taking reasonable20
steps to conceal intimate areas,should be free from the viewing,21
recording,storing or transmitting of images obtained by imaging22
devices designed to overcome the barriers created by a person's23
covering of intimate areas.24
(g)"Publish"means to:25
(i)Disseminate with the intent that such image or images be made26
available by any means to any person;or27
(ii)Disseminate with the intent that such images be sold by an-28
other person;or29
(iii)Post,present,display,exhibit,circulate,advertise or30
allow access by any means so as to make an image or images available31
to the public;or32
(iv)Disseminate with the intent that an image or images be33
posted,presented,displayed,exhibited,circulated,advertised34
or made accessible by any means and to make such image or images35
available to the public.36
(h)"Sell"means to disseminate to another person,or to publish,in ex-37
change for something of value.38
(2)A person is guilty of video voyeurism when:39
(a)With the intent of arousing,appealing to or gratifying the lust40
or passions or sexual desires of such person or another person,or for41
his own or another person's lascivious entertainment or satisfaction of42
prurient interest,or for the purpose of sexually degrading or abusing43
any other person,he uses,installs or permits the use or installation44
of an imaging device at a place where a person would have a reasonable45
expectation of privacy,without the knowledge or consent of the person46
using such place;or47
(b)He either intentionally or with reckless disregard disseminates,48
publishes or sells or conspires to disseminate,publish or sell any im-49
age or images of the intimate areas of another person or persons without50
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the consent of such other person or persons and he knows or reasonably1
should have known that one (1)or both parties agreed or understood that2
the images should remain private.3
(3)A violation of this section is a felony.4
(4)This section does not apply to an interactive computer service,as5
defined in 47 U.S.C.section 230(f)(2),an information service,as defined6
in 47 U.S.C.section 153 or a telecommunication service,as defined in sec-7
tion 61-121(2)or 62-603(134),Idaho Code,for content provided by another8
person,unless the provider intentionally aids or abets video voyeurism.9
SECTION 5.That Section 26-2239,Idaho Code,be,and the same is hereby10
amended to read as follows:11
26-2239.EXEMPTIONS.The provisions of this act shall not apply to the12
following:13
(1)Persons licensed to practice law in this state,to the extent that14
they are retained by their clients to engage in activities authorized by this15
act,and such activities are incidental to the practice of law.Such exemp-16
tion shall not apply to an attorney engaged in a separate business conducting17
the activities authorized by this act;18
(2)Any regulated lender as defined in section 28-41-301,Idaho Code,19
and its subsidiary,affiliate or agent to the extent that the regulated20
lender,subsidiary,affiliate or agent collects for the regulated lender or21
engages in acts governed by this act which are incidental to the business of22
a regulated lender;23
(3)Any bank,trust company,credit union,insurance company or indus-24
trial loan company authorized to do business in this state;25
(4)Any federal,state or local governmental agency or instrumental-26
ity;27
(5)Any real estate broker or real estate salesman licensed under the28
laws of and residing within this state while engaged in acts authorized by29
his real estate license;30
(6)Any person authorized to engage in escrow business in this state31
while engaged in authorized escrow business;32
(7)Any mortgage company engaged in the regular business of a mortgage33
company as defined in section 26-2802,Idaho Code,except a mortgage company34
engaged in a separate business conducting the activities authorized by this35
act;36
(8)Any court appointed trustee,receiver or conservator;37
(9)Any telephone corporation,as defined in subsection (105)of sec-38
tion 62-603,Idaho Code,whose initial request for payment on behalf of such39
telephone corporation or on behalf of another person is made by the tele-40
phone corporation as a part of regular telecommunications billings to its41
customers and at a time before the account,bill,claim or other indebtedness42
becomes past due or delinquent;43
(10)Any person while acting as a debt collector for another person,44
both of whom are related by common ownership or affiliated by corporate45
control,if the person acting as a debt collector does so only for persons46
to whom he is so related or affiliated and if the principal business of such47
person is not the collection of debts.48
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SECTION 6.That Section 61-1302,Idaho Code,be,and the same is hereby1
amended to read as follows:2
61-1302.DEFINITIONS.In this chapter:3
(1)"Administrator"means the person with whom the Idaho public utili-4
ties commission contracts to administer the program for delivery of telecom-5
munications relay services.6
(2)"Commission"means the Idaho public utilities commission.7
(3)"Communications impaired"mean individuals who are hearing-im-8
paired or speech-impaired as defined in title IV,section 401,Americans9
with disabilities act of 1990,public law 101-336,104 stat.327,336-69 (4710
U.S.C.section 225)or regulations promulgated pursuant thereto.11
(4)"Local exchange company"means a telephone corporation which pro-12
vides access lines to residential and business customers with the associ-13
ated transmission of two (2)way interactive switched voice communication14
within a geographic area where basic local exchange rates rather than mes-15
sage telecommunications service rates apply.16
(5)"Message telecommunications service"shall have the meaning pre-17
scribed in section 62-603(69),Idaho Code.18
(6)"Program"means the effort directed by the administrator pursuant19
to this chapter to establish and operate an Idaho system to provide telecom-20
munications relay services.21
(7)"Telephone corporation"shall have the meaning prescribed in sec-22
tion 62-603(105),Idaho Code.23
(8)"Telecommunications relay services (TRS)"mean services through24
which a communications impaired person,using specialized telecommunica-25
tions equipment,may send and receive messages to and from a noncommuni-26
cations impaired person whose telephone is not equipped with specialized27
telecommunications equipment and through which a noncommunications im-28
paired person may,by using voice communication,send and receive messages29
to and from a communications impaired person.30
SECTION 7.That Section 62-609,Idaho Code,be,and the same is hereby31
amended to read as follows:32
62-609.IMPUTED AND NONDISCRIMINATORY ACCESS CHARGES --COMMISSION33
AUTHORITY.(1)A telephone corporation,which provides basic local exchange34
service,and which also provides message telecommunications service shall35
impute to itself its prices of special access or private line access and36
switched access for the use of essential facilities used in the provision of37
message telecommunications service,special access or private line access38
services and WATS service or their equivalents.Such imputation shall be in39
the aggregate on a service by service basis.All other providers of message40
telecommunications service,special access or private line access services41
and WATS service or their equivalents shall impute to themselves,in the42
aggregate on a service by service basis,their individual cost of special or43
switched access or its equivalent in their pricing.44
The commission shall define in an appropriate proceeding what are es-45
sential facilities for the purpose of this subsection and shall resolve any46
dispute which may arise under this subsection.47
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(2)Telecommunication services which are subject to the provisions1
of this chapter and which services utilize special or switched access,2
shall be made available by the telephone corporation for resale.No tele-3
phone corporation shall,as to its prices or charges for or the provision of4
such services,make or grant any preference or advantage to any telephone5
corporation or to a provider of services exempted from regulation under sec-6
tion 62-603(134),Idaho Code,or subject any telephone corporation or any7
provider of services exempted from regulation under section 62-603(134),8
Idaho Code,to any prejudice or competitive disadvantage with respect to its9
prices or charges for providing access to its local exchange network nor es-10
tablish or maintain any unreasonable difference as to its prices or charges11
for access to its local exchange network.12
(3)Notwithstanding the provisions of section 62-614,Idaho Code,if,13
after negotiation,a dispute under this section exists between or among14
telephone corporations or between or among telephone corporation(s)and15
provider(s)of services exempted from regulation under section 62-603(134),16
Idaho Code,such dispute shall be determined by the commission upon petition17
of any affected telephone corporation or provider(s)of services exempted18
from regulation under section 62-603(134),Idaho Code.19
Information disclosed to the commission for resolution of disputes un-20
der this section shall be provided by the telephone corporations with appro-21
priate safeguards for the protection of business or trade secrets.22
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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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