710
. (a) The commission shall not exercise regulatory jurisdiction
or control over Voice over Internet Protocol and Internet Protocol
enabled services except as required or expressly delegated by federal
law or expressly directed to do so by statute or as set forth in
subdivision (c). In the event of a requirement or a delegation
referred to above, this section does not expand the commission's
jurisdiction beyond the scope of that requirement or delegation.
(b) No department, agency, commission, or political subdivision of
the state shall enact, adopt, or enforce any law, rule, regulation,
ordinance, standard, order, or other provision having the force or
effect of law, that regulates VoIP or other IP enabled service,
unless required or expressly delegated by federal law or expressly
authorized by statute or pursuant to subdivision (c). In the event of
a requirement or a delegation referred to above, this section does
not expand the commission's jurisdiction beyond the scope of that
requirement or delegation.
(c) This section does not affect or supersede any of the
following:
(1) The Emergency Telephone Users Surcharge Law (Part 20
(commencing with Section 41001) of Division 2 of the Revenue and
Taxation Code) and the state's universal service programs (Section
285).
(2) The Digital Infrastructure and Video Competition Act of 2006
(Division 2.5 (commencing with Section 5800)) or a franchise granted
by a local franchising entity, as those terms are defined in Section
5830.
(3) The commission's authority to implement and enforce Sections
251 and 252 of the federal Communications Act of 1934, as amended (47
U.S.C. Secs. 251 and 252).
(4) The commission's authority to require data and other
information pursuant to Section 716.
(5) The commission's authority to address or affect the resolution
of disputes regarding intercarrier compensation, including for the
exchange of traffic that originated, terminated, or was translated at
any point into Internet Protocol format.
(6) The commission's authority to enforce existing requirements
regarding backup power systems established in Decision 10-01-026,
adopted pursuant to Section 2892.1.
(7) The commission's authority relative to access to support
structures, including pole attachments, or to the construction and
maintenance of facilities pursuant to commission General Order 95 and
General Order 128.
(8) The Warren-911-Emergency Assistance Act (Article 6 (commencing
with Section 53100) of Chapter 1.5 of Part 1 of Division 2 of Title
5 of the Government Code).
(d) This section does not affect the enforcement of any state or
federal criminal or civil law or any local ordinances of general
applicability, including, but not limited to, consumer protection and
unfair or deceptive trade practice laws or ordinances, that apply to
the conduct of business, the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code), local utility user taxes, and state and local authority
governing the use and management of the public rights-of-way.
(e) This section does not affect any existing regulation of,
proceedings governing, or existing commission authority over,
non-VoIP and other non-IP enabled wireline or wireless service,
including regulations governing universal service and the offering of
basic service and lifeline service, and any obligations to offer
basic service.
(f) This section does not limit the commission's ability to
continue to monitor and discuss VoIP services, to track and report to
the Federal Communications Commission and the Legislature, within
its annual report to the Legislature, the number and type of
complaints received by the commission from customers, and to respond
informally to customer complaints, including providing VoIP customers
who contact the commission information regarding available options
under state and federal law for addressing complaints.
(g) This section does not affect the establishment or enforcement
of standards, requirements, or procedures, including procurement
policies, applicable to any department, agency, commission, or
political subdivision of the state, or to the employees, agents, or
contractors of a department, agency, commission, or political
subdivision of the state, relating to the protection of intellectual
property.
(h) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.