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The 190th General Court of the Commonwealth of Massachusetts

Section 6A: Voiceover internet protocol service and internet protocol enabled service; regulation prohibited

Section 6A. (a) For purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise:--

''Internet Protocol enabled service'' or ''IP enabled service'', 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; provided, however, that no service included within the definition of ''Voice over Internet Protocol service'' shall be included within this definition.

''Voiceover internet protocol service'' or ''VoIP Service'', service that: (1) enables real time, 2-way voice communications that originate from or terminate to the user's location in internet protocol or any successor protocol; (2) uses a broadband connection from the user's location; and (3) permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.

(b) Except as set forth in subsections (c) to (f), inclusive, and notwithstanding any other general or special law to the contrary, no department, agency, commission or political subdivision of the commonwealth, shall enact, adopt or enforce, either directly or indirectly, any law, rule, regulation, ordinance, standard, order or other provision having the force or effect of law that regulates or has the effect of regulating, the entry, rates, terms or conditions of VoIP Service or IP enabled service.

(c) Subsection (b) shall not be construed to affect the authority of the attorney general to apply and enforce chapter 93A or other consumer protection laws of general applicability.

(d) Subsection (b) shall not be construed to affect, mandate or prohibit the assessment of nondiscriminatory enhanced 911 fees or telecommunications relay service fees.

(e) Subsection (b) shall not be construed to modify or affect the rights or obligations of any carrier under sections 47 USC 251 or 47 USC 252.

(f) Subsection (b) shall not be construed to affect or modify any obligations for the provision of video service by any party under applicable law.