54-19-103. Authority over Internet protocol-enabled services and voice over Internet protocol services.
(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 Subsectiondoes not: (1) 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; affect, limit, or prohibit the current or future assessment of: a tax; a 911 fee; a universal service fund fee; a telecommunication relay fee; or a public utility regulatory fee; affect or modify: a right or obligation of any telecommunications carrier under 47 U.S.C. Sec. 251 and 47 U.S.C. Sec. 252; any commission obligation to implement or enforce federal law; 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; any obligation for the provision of video service by any person; or the application of Section; or 54-8b-2.1 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.