NRS704.685. Limitations on regulation of Internet Protocol-enabled service or Voice over Internet Protocol service; exceptions.

      1.  Except as otherwise provided in subsection 2, a state agency or political subdivision of the State may not, directly or indirectly, regulate the rates charged for, service or contract terms for, conditions for, or requirements for entry for Internet Protocol-enabled service or Voice over Internet Protocol service.

      2.  The provisions of subsection 1 must not be construed to:

      (a) Affect or limit the enforcement of criminal or civil laws, including, without limitation, laws concerning consumer protection and unfair or deceptive trade practices, that apply generally to the conduct of business;

      (b) Affect, mandate or prohibit:

             (1) The assessment of taxes, fees or surcharges which are of general applicability or which are otherwise authorized by statute; or

             (2) The levy and collection of the assessment required by NRS 704.033 from a provider of Voice over Internet Protocol service that has a certificate of public convenience and necessity; or

      (c) Affect or modify:

             (1) Any right or obligation of any telecommunication provider, or the authority granted to the Commission pursuant to 47 U.S.C. §§ 251 and 252, including, without limitation, any authority granted to the Commission to address or affect the resolution of disputes regarding reciprocal compensation and interconnection;

             (2) Any obligation relating to the provision of video service by any person pursuant to chapter 711 of NRS;

             (3) Any applicable wholesale tariff; or

             (4) Any authority granted to the Commission pursuant to 47 U.S.C. §§ 214(e) and 254(f).

      3.  As used in this section:

      (a) “Internet Protocol-enabled service” means any service, functionality or application which uses Internet Protocol or a successor protocol that enables an end-user to send or receive voice, data or video communications. The term does not include Voice over Internet Protocol service.

      (b) “Voice over Internet Protocol service” means any service that:

             (1) Enables real-time, two-way voice communication originating from or terminating at the user’s location in Internet Protocol or a successor protocol;

             (2) Uses a broadband connection from the user’s location; and

             (3) Permits a user to receive a call that originates on the public switched telephone network and to terminate a call to the public switched telephone network.

      (Added to NRS by 2013, 1946)