(1) A state agency and political subdivision of the state may not, directly or indirectly, regulate Internet protocol-enabled service or voice over Internet protocol service. (2) The regulatory prohibition in Subsection (1) does not: (a) affect or limit the enforcement of criminal or civil laws, including consumer protection and unfair or deceptive trade practice laws, that apply to the conduct of business; (b) affect, limit, or prohibit the current or future assessment of: (i) a tax; (ii) a 911 fee; (iii) a universal service fund fee; (iv) a telecommunication relay fee; or (v) a public utility regulatory fee; (c) affect or modify: (i) a right or obligation of any telecommunications carrier under 47 U.S.C. Sec. 251 and 47 U.S.C. Sec. 252; (ii) any commission obligation to implement or enforce federal law; (iii) a duty or power of the commission, under 47 U.S.C. Sec. 251 and 47 U.S.C. Sec. 252, including arbitration and enforcement of an interconnection agreement; (iv) any obligation for the provision of video service by any person; or (v) the application of Section 54-8b-2.1; or (d) affect the authority of the state or a political subdivision of the state to manage the use of a public right of way, including any requirement for the joint use of utility poles or other structures in the right of way.
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