technology and telecommunications providers, and 
others it deems appropriate. 
‘‘(k) IMPLEMENTATION.—
‘‘(1) DEADLINE.—The Commission shall pre-
scribe regulations to implement this section within 
120 days after the date of enactment of this section. 
‘‘(2) LIMITATION.—Nothing in this section 
shall be construed to permit the Commission to issue 
regulations that require or impose a specific tech-
nology or technological standard. 
‘‘(l) DEFINITIONS.—For purposes of this section: 
‘‘(1) VOIP SERVICE.—The term ‘VOIP service’ 
means a service that—
‘‘(A) provides real-time 2-way voice com-
munications 
transmitted 
through 
customer 
premises equipment using TCP/IP protocol, or 
a successor protocol (including when the voice 
communication is converted to or from TCP/IP 
protocol by the VOIP service provider and 
transmitted to the subscriber without use of cir-
cuit switching), for a fee or without a fee; 
‘‘(B) is offered to the public, or such class-
es of users as to be effectively available to the 
public (whether part of a bundle of services or 
separately); and
‘‘(C) has the capability so that the service 
can originate traffic to, and terminate traffic 
from, the public switched telephone network. 
‘‘(2) VOIP SERVICE
PROVIDER.—The term 
‘VOIP service provider’ means any person who pro-
vides or offers to provide a VOIP service. 
‘‘(3) NECESSARY
E–911
INFRASTRUCTURE.—
The term ‘necessary E–911 infrastructure’ means 
the originating trucks to the selective routers, selec-
tive routers, databases (including automatic location 
information databases and master street address 
guides), trunks, or other related facilities necessary 
for the delivery and completion of 911 and E–911 
calls, or other 911 and E–911 equipment, facilities, 
databases, interfaces, and related capabilities speci-
fied by the Commission. 
‘‘(4) NON-DIALABLE PSEUDO-AUTOMATIC NUM-
BER
IDENTIFICATION
NUMBER.—The term ‘non-
dialable pseudo-automatic number identification 
number’ means a number, consisting of the same 
number of digits as numbers used for automatic 
number identification, that is not a North American 
Numbering Plan telephone directory number and 
that may be used in place of an automatic number 
identification number to convey special meaning.
The special meaning assigned to the non-dialable 
pseudo-automatic number identification number is 
determined by nationally standard agreements, or by 
individual agreements, as necessary, between the 
system originating the call, intermediate systems 
handling and routing the call, and the destination 
system. 
‘‘SEC. 717. RIGHTS AND OBLIGATIONS OF VOIP SERVICE 
PROVIDERS. 
‘‘(a) IN GENERAL.—
‘‘(1) FACILITIES-BASED
VOIP
SERVICE
PRO-
VIDERS.—A facilities-based VOIP service provider 
shall have the same rights, duties, and obligations as 
a requesting telecommunications carrier under sec-
tions 251 and 252, if the provider elects to assert 
such rights. 
‘‘(2) VOIP SERVICE PROVIDERS.—A VOIP serv-
ice provider that is not a facilities-based VOIP serv-
ice provider shall have only the same rights, duties, 
and obligations as a requesting telecommunications 
carrier under sections 251(b), 251(e), and 252, if 
the provider elects to assert such rights. 
‘‘(3) CLARIFYING TREATMENT OF VOIP SERV-
ICE.—A telecommunications carrier may use inter-
connection, services, and network elements obtained
pursuant to sections 251 and 252 from an incum-
bent local exchange carrier (as such term is defined 
in section 251(h)) to exchange VOIP service traffic 
with such incumbent local exchange carrier regard-
less of the provider originating such VOIP service 
traffic, including an affiliate of such telecommuni-
cations carrier. 
‘‘(b) DISABLED ACCESS.—A VOIP service provider 
or a manufacturer of VOIP service equipment shall have 
the same rights, duties, and obligations as a telecommuni-
cations carrier or telecommunications equipment manufac-
turer, respectively, under sections 225, 255, and 710 of 
the Act. Within 1 year after the date of enactment of this 
Act, the Commission, in consultation with the Architec-
tural and Transportation Barriers Compliance Board, 
shall prescribe such regulations as are necessary to imple-
ment this section. In implementing this subsection, the 
Commission shall consider whether a VOIP service pro-
vider or manufacturer of VOIP service equipment pri-
marily markets such service or equipment as a substitute 
for telecommunications service, telecommunications equip-
ment, customer premises equipment, or telecommuni-
cations relay services. 
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) FACILITIES-BASED
VOIP
SERVICE
PRO-
VIDER.—The term ‘facilities-based VOIP service 
provider’ means an entity that provides VOIP serv-
ice over a physical facility that terminates at the end 
user’s location and which such entity or an affiliate 
owns or over which such entity or affiliate has exclu-
sive use. An entity or affiliate shall be considered a 
facilities-based VOIP service provider only in those 
geographic areas where such terminating physical 
facilities are located. 
‘‘(2) VOIP SERVICE PROVIDER; VOIP SERVICE.—
The terms ‘VOIP service provider’ and ‘VOIP serv-
ice’ have the meanings given such terms by section 
716(l).’’. 
SEC. 302. COMPENSATION AND CONTRIBUTION. 
(a) RULE OF CONSTRUCTION.—Nothing in this Act 
(including the amendments made by this Act) shall be con-
strued to exempt a VOIP service provider from require-
ments imposed by the Federal Communications Commis-
sion or a State commission on all VOIP service providers 
to—
(1) pay appropriate compensation for the trans-
mission of a VOIP service over the facilities and 
equipment of another provider; or
(2) contribute on an equitable and non-discrimi-
natory basis to the preservation and advancement 
of universal service. 
(b) DEFINITIONS.—As used in this section—
(1) the terms ‘‘VOIP service provider’’ and 
‘‘VOIP service’’ have the meanings given such terms 
in section 716(h) of the Communications Act of 
1934, as added by section 301 of this Act; and 
(2) the term ‘‘State commission’’ has the mean-
ing given such term in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153). 
TITLE IV—MUNICIPAL 
PROVISION OF SERVICES 
SEC. 401. GOVERNMENT AUTHORITY TO PROVIDE SERV-
ICES. 
(a) IN GENERAL.—Neither the Communications Act 
of 1934 nor any State statute, regulation, or other State 
legal requirement may prohibit or have the effect of pro-
hibiting any public provider of telecommunications service, 
information service, or cable service (as such terms are 
defined in sections 3 and 602 of such Act) from providing 
such services to any person or entity. 
(b) COMPETITION NEUTRALITY.—Any State or polit-
ical subdivision thereof, or any agency, authority, or in-
strumentality of a State or political subdivision thereof,