Industry Sounds Alarm as Iowa Mulls Telecom Authority
Don’t try to expand state authority to VoIP and wireless, industry warned the Iowa Utilities Board in Friday comments in docket NOI-2021-0002. IUB Chair Geri Huser said in December the agency plans to finalize a draft bill on telecom statutory…
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changes for the 2023 legislative session, while pushing back on industry concerns the state commission is angling to expand its telecom authority at a December meeting (see 2112130049). A revised draft released last week fails to address industry concerns, commented Lumen, warning the IUB to expect opposition. One problematic section may allow the IUB to determine a service is an essential communication service and broadly regulate it, Lumen said. Another part includes VoIP as a telecom service that the board can regulate, despite the 8th U.S. Circuit of Appeals finding VoIP is an information service, it said. And Lumen raised concerns with the draft possibly allowing investigations into whether an interexchange carrier is providing any service in a nondiscriminatory fashion. "Lumen is not aware of a nondiscrimination requirement associated with broadband services, and any attempt to regulate service quality of broadband services would face an inevitable court challenge.” Proposed complaint rules may exceed IUB jurisdiction, said CTIA: Mandatory administrative assessments "would disproportionately burden wireless providers." The draft could “subject VoIP and wireless to regulation by the IUB in a manner that is preempted by federal law,” warned AT&T, which also cited the 8th Circuit. “Wireless services have been deregulated in Iowa since 1986, and VoIP has never been regulated in Iowa.” Keep that deregulation going, agreed Verizon. "As there does not appear to be any evidence that the statute and rules are not working as currently written and with no deadline mandate, we ask that the Board take the time and careful consideration necessary to work through the implications of these sweeping changes.” The Iowa Association of Municipal Utilities also opposed the board expanding regulatory authority. The IUB plans a workshop on the matter Thursday at 8 a.m. CDT.