A new law in New Hampshire, effective July 27, 2013, clarifies that a provider of either VoIP or IP-enabled services may not be regulated as a public utility or an electing local exchange carrier. The law amends legislation enacted in June 2012, that generally prohibited the regulation of VoIP and IP-enabled services and providers.
You may recall that this is the same law whose pendency caused the New Hampshire Public Utilities Commission to agree to suspend its Order on Remand concerning its authority to regulate Comcast’s IP-enabled service. (TMI Bulletins dated July 15, 2013, June 4, 2013, and August 18, 2011.)
Some definitions from New Hampshire law that you can use:
- VoIP service means any service that: (1) Enables real-time, 2-way voice communications that originate from or terminate in the user’s location in Internet Protocol or any successor protocol; (2) Requires 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.
- IP-enabled service means any service, capability, functionality, or application provided using Internet Protocol, or any successor protocol, that enables a user to send or receive a communication in Internet Protocol format or any successor format, regardless of technology; provided, however, that no service included within the definition of VoIP will be included within this definition.
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