Print Friendly SENATE BILL NO. 1510
– Video service regulation, state
SENATE BILL NO. 1510
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S1510......................................................by STATE AFFAIRS
TELECOMMUNICATIONS - Adds to existing law relating to telecommunications
to provide for reservation of video service regulation to the state; and to
define a term.
03/18 Senate intro - 1st rdg - to printing
03/19 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1510
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO TELECOMMUNICATIONS; AMENDING CHAPTER 6, TITLE 62, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 62-618A, IDAHO CODE, TO PROVIDE FOR RESERVA-
4 TION OF VIDEO SERVICE REGULATION TO THE STATE AND TO DEFINE A TERM.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Chapter 6, Title 62, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 62-618A, Idaho Code, and to read as follows:
9 62-618A. RESERVATION OF VIDEO SERVICE REGULATION TO STATE -- DEFINITION.
10 (1) The delivery of video service over the telecommunications network of a
11 telephone corporation that is subject to the provisions of title 61 or 62,
12 Idaho Code, shall not be subject to any economic, franchise or licensing regu-
13 lation by a city, county, special use district or any other local governmental
14 entity of any kind, and such regulation is hereby reserved to the state of
15 Idaho, to the extent such regulation is deemed to be necessary and is not pre-
16 empted by federal law.
17 (2) As used in this section, "video service" means the delivery of video
18 programming services and content to a viewer without regard to the delivery
STATEMENT OF PURPOSE
This legislation is proposed for the purpose of clarifying
existing telecommunications law to acknowledge the potential and
present uses of the telecommunications network in Idaho with
reference to the provision of video services within the state. The
legislation provides that use of a telephone company
telecommunications system to provide video services within the
state shall not be subject to economic, franchise or licensing
regulation by cities or counties, but to the extent such regulation
is deemed necessary and is not preempted by federal law, such
regulation may be adopted at the state level. New technologies are
currently being used in some areas of the state to make the
provision of video services available to telephone company
customers, using the telecommunications network infrastructure.
But, clarification of the status of the provision of such service,
using the telecommunications network, is needed to allow such
service to become a reality throughout the entire state.
Voice over internet protocol (VOIP), has enabled the cable
industry to make telephone service available over the cable network
without additional burdens on the public rights-of-way and without
local or state regulation of the VOIP service. Now, the
traditional telephone industry has the potential to, and in some
areas of the state is, using its telephony network infrastructure
to deliver television services to its customers. As with the cable
industry and its' VOIP service, use of the telecommunications
network for the provision of video service does not create
additional burdens on the local rights-of-way.
However, it is time to acknowledge and confirm that Idaho
telephone companies now offering video services via their
telecommunications network may continue to do so, and to encourage
other telephone companies to make the investment necessary to
upgrade their telecommunications networks to enable the offering of
video services. The result of this legislation will be the
expansion of a competitive video service market place and increased
There is no negative fiscal impact on state funds
Name: Senator Mike Jorgenson
STATEMENT OF PURPOSE/FISCAL NOTE S 1510