An Act To Specify That Providers of Voice Over Internet Protocol Services and Internet Protocol Enabled Services Do Not Constitute Telephone Utilities
Maine Legislature, Session 125, LD 1311
Committee: Energy, Utilities and Technology
Sponsors: SAVIELLO, FITTS, COURTNEY, GOODALL, PATRICK, PLOWMAN, ROSEN, CURTIS, DION, WILLETTE
Amends: 35-A MRSA §102, 35-A MRSA §2102

Legislative Document 
No. 1311 
S.P. 408 
In Senate, March 29, 2011 
An Act To Specify That Providers of Voice Over Internet Protocol 
Services and Internet Protocol Enabled Services Do Not Constitute 
Telephone Utilities 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Representative FITTS of Pittsfield and 
Senators: COURTNEY of York, GOODALL of Sagadahoc, PATRICK of Oxford, 
PLOWMAN of Penobscot, ROSEN of Hancock, Representatives: CURTIS of Madison, DION 
of Portland, WILLETTE of Presque Isle. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §102, sub-§9-B is enacted to read: 
9-B.  Internet protocol enabled service or IP enabled service.  "Internet protocol 
enabled service" or "IP enabled service" means a service, capability, functionality or 
application provided using Internet protocol, or any successor protocol, that enables an 
end user to send or receive a communication in Internet protocol format or any successor 
format, regardless of technology, but not including a service included within the 
definition of interconnected voice over Internet protocol service as defined in Title 25, 
section 2921, subsection 12. 
Sec. 2.  35-A MRSA §102, sub-§18-A, as enacted by PL 2003, c. 153, §2, is 
amended to read: 
18-A.  Telephone service.  "Telephone service" is the offering of a service that 
transmits communications by telephone, whether the communications are accomplished 
with or without the use of transmission wires.  "Telephone service" does not include a 
service that transmits communications by interconnected voice over Internet protocol, as 
defined in Title 25, section 2921, subsection 12. 
Sec. 3.  35-A MRSA §102, sub-§19, as amended by PL 2009, c. 612, §3, is 
further amended to read: 
19.  Telephone utility.  "Telephone utility" includes every person, its lessees, 
trustees, receivers or trustees appointed by any court, that provides telephone service for 
compensation inside this State. "Telephone utility" also includes a dark fiber provider.  
"Telephone utility" does not include any person or entity that is excluded from the 
definition of "public utility" as defined in subsection 13, subject to the provisions of 
subsection 13, paragraphs A to C, or any person or entity that provides a service that 
transmits communications by interconnected voice over Internet protocol as defined in 
Title 25, section 2921, subsection 12. 
Sec. 4.  35-A MRSA §2102, sub-§5 is enacted to read: 
5.  Interconnected voice over Internet protocol services.  Notwithstanding any 
other provision of law to the contrary, the commission or any department, agency or 
political subdivision of this State may not regulate the entry, rates or other terms of 
service of interconnected voice over Internet protocol service as defined in Title 25, 
section 2921, subsection 12 or internet protocol enabled service.  This subsection does 
not divest the commission of its authority with respect to the rates, terms or conditions of 
any local exchange telephone service over which the commission exercised its lawful 
jurisdiction prior to January 1, 2009.  This subsection does not affect the authority of the 
State or its agencies to enforce such requirements as are otherwise expressly provided for 
by federal law, including, but not limited to, connection to 9-1-1 facilities, the collection 
of enhanced 9-1-1 fees, telecommunications relay service fees or federal universal service 
fund fees on interconnected voice over Internet protocol services that may be determined 
to apply or to affect any rights or duties the State or its agencies may have under the 
provisions of 47 United States Code, Section 251 or 252.  This section does not affect the 
application or enforcement of other statutes or rules that apply generally to the conduct of 
business in the State, including consumer protection or unfair or deceptive trade practices 
requirements of general applicability.  This subsection does not affect or modify any 
obligations for the provision of video service by any party under applicable law. 
SUMMARY 
This bill establishes that interconnected voice over Internet protocol service is not a 
telephone service and that a voice over Internet protocol provider is not a telephone 
utility.