‘‘(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-
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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. 
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‘‘(2) VOIP SERVICE PROVIDER; VOIP SERVICE.— 
The terms ‘VOIP service provider’ and ‘VOIP serv-
ice’ have the meanings given such terms by section 
716(j).’’. 
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, 
that is, owns, controls, or is otherwise affiliated with a 
public provider of telecommunications service, information 
service, or cable service shall not grant any preference or 
advantage to any such provider. Such entity shall apply 
its ordinances, rules, and policies, including those relating 
to the use of public rights-of-way, permitting, performance 
bonding, and reporting without discrimination in favor of 
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any such provider as compared to other providers of such 
services. 
(c) COMPLIANCE WITH OTHER LAWS NOT AF-
FECTED.—Nothing in this section shall exempt a public 
provider from any law or regulation that applies to pro-
viders of telecommunications service, information service, 
or cable service. 
(d) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Federal Communications 
Commission shall submit to the Congress a report on the 
status of the provision of telecommunications service, in-
formation service, and cable service by States and political 
subdivisions thereof. 
(e) DEFINITION OF PUBLIC PROVIDER.—For pur-
poses of this section, the term ‘‘public provider’’ means 
a State or political subdivision thereof, or any agency, au-
thority, or instrumentality of a State or political subdivi-
sion thereof, that provides telecommunications service, in-
formation service, or cable service, or any entity that is 
owned, controlled, or is otherwise affiliated with such 
State or political subdivision thereof, or agency, authority, 
or instrumentality of a State or political subdivision there-
of. 
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