SECTION 1.  Chapter 25C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 7 thereof the following sections.

Section 8.  Notwithstanding any other general or special law to the contrary, the department shall have no jurisdiction, general supervision, regulation or control over wireless service, including mobile radio telephone service, or radio utilities.

Section 9.  Notwithstanding any general or special law to the contrary, subject to the provisions of section 10 of this chapter, no provision of this chapter, Chapter 25 or Chapter 159, and no regulation, order or settlement or portion thereof adopted pursuant to any such provision, shall apply to any telephone company (or a common carrier offering telephone service) in any municipality for which the company or carrier certifies to the Office of Consumer Affairs and Business Regulation that there are at least two providers offering voice telephone service to retail residential customers in that municipality using any technology, including but not limited to wireless voice service and VoIP service. 

Section 10.  Nothing in sections 8 or 9 of this chapter shall be construed to affect or modify:

a.the authority of the attorney general to apply and enforce chapter 93A or other consumer protection laws of general applicability;

b.the department’s authority under sections 18B and 18H of Chapter 159, concerning enhanced 911 service, and under section 15E of Chapter 166, concerning telephone relay service; 

c.the rights or obligations of any carrier under 47 U.S.C. § 251 or 47 U.S.C. § 252; or

d.the department’s authority to administer the federal Lifeline and Link-up programs or the Connect America Fund.

SECTION 2.  Sections 11, 12, 12A, 13, 14 and 15 of Chapter 166 are hereby repealed.