37-13-131 of the statutes, but based upon the actual cost of

37-13-131 of the statutes, but based upon the actual cost of constructing the underground facility rather than the estimated cost of the facility. In no event shall the bill for conversion cost presented by the public utility corporation exceed the amount of estimated conversion costs by the public utility corporation. If the conversion costs are less than the estimated conversion costs, each owner within the improvement district shall receive the benefit, prorated in such form and at such time or times as the governing body may determine to be fair and equitable. The bill of the public utility corporation shall be paid within thirty (30) days by the governing body from the improvement district funds or such other source as is properly designated by the governing body. In determining the actual cost of constructing the underground facility the public utility shall use its standard accounting procedures, such as the uniform system of accounts as defined by the federal communications commission, federal power commission or Wyoming public service commission in use at the time of the conversion.

37-13-134. Reinstallation of overhead facilities not permitted.

Once removed, no overhead electric or communication facilities shall be installed in a local improvement district for conversion of overhead electric and communication facilities.

37-13-135. No limitation of public service commission's jurisdiction.

Nothing contained in this chapter shall vest any jurisdiction over public utilities in the governing bodies. The public service commission of Wyoming shall retain all jurisdiction now or hereafter conferred upon it by law and no new jurisdiction shall be conferred upon this commission by virtue of this law.

37-13-136. Nonseverability.

If any provision of this chapter is held invalid, such invalidity shall invalidate this chapter in its entirety, and to this end the provisions of this chapter are declared to be nonseverable.

37-13-137. Commencement of conversion.

If an improvement district is established pursuant to this chapter, the public utility corporations involved shall not be required to commence conversion until the ordinance, the assessment roll and issuance of bonds have become final and no civil action has been filed or if civil action has been filed, until the decision of the court upon the action has become final and is not subject to further appeal.

CHAPTER 14 - RADIOACTIVE MATERIALS TRANSPORTATION MANAGEMENT

ARTICLE 1 - POLICY AND PURPOSE

37-14-101. Repealed by Laws 1996, ch. 90, § 2.

37-14-102. Repealed by Laws 1996, ch. 90, § 2.

37-14-103. Emergency response fee.  (a) In addition to any other fees and taxes provided by law, an emergency response fee of four hundred fifty dollars ($450.00) shall apply to each package of radioactive materials transported through this state. The department of transportation shall collect this fee when it issues a permit under W.S. 31-18- 407(a). All emergency response fees collected by the department of transportation pursuant to this subsection and W.S. 31-18- 407(a) shall be deposited in a separate account to be used for the payment of costs associated with training for and conducting emergency response procedures related to the transportation of radioactive materials.

(b) As used in this section:

(i) "Radioactive materials" means:

(A) Highway route controlled quantities of radioactive materials as defined in 49 C.F.R. 173.403(l) as amended as of January 1, 1989; and

(B) Nuclear waste being transported to the waste isolation pilot plant in New Mexico, to any facility established pursuant to section 135 of the federal "Nuclear Waste Policy Act of 1982" as amended, 42 U.S.C. 10101 et seq., to any repository licensed for the permanent deep geological disposal of high- level radioactive waste and spent nuclear fuel, or to any monitored retrievable storage facility established pursuant to section 141 of the federal "Nuclear Waste Policy Act of 1982" as amended.

(ii) "Package" means a container plus its contents that are assembled to assure compliance with the minimum federal packaging requirements for radioactive materials;

(iii) "Shipper" means the party or carrier responsible for shipments of radioactive materials under this section.

CHAPTER 15 - TELECOMMUNICATIONS

ARTICLE 1 - GENERAL PROVISIONS

37-15-101. Short title; sunset.

(a) This chapter shall be known as the "Wyoming Telecommunications Act."  (b) This chapter is repealed effective July 1, 2031.

37-15-102. Repealed By Laws 2007, Ch. 142, § 2.

37-15-103. Definitions.

(a) As used in this chapter:

(i) "Affiliated telecommunications companies" means telecommunications companies:

(A) In which five percent (5%) or more of the voting stock is controlled or owned, directly or indirectly, by a common principal; or

(B) Whose management and policies are found by the commission, after notice and opportunity for hearing, to be controlled by a common principal.

(ii) "Commission" means the public service commission of Wyoming;

(iii) "Competitive telecommunications services" means those services found by the legislature or the commission to be competitive in accordance with W.S. 37-15-202;

(iv) "Essential telecommunications service" means a customer's access to service that is necessary for the origination or termination, or both, of two-way, switched telecommunications for both residential and business service within a local exchange area. Essential telecommunications services are limited to:

(A) Repealed by Laws 2025, ch. 135, § 2.

(B) Repealed by Laws 2025, ch. 135, § 2.

(C) Repealed by Laws 2025, ch. 135, § 2.

(D) Repealed by Laws 2025, ch. 135, § 2.

(E) Switched access, which for the purposes of this chapter shall mean the switching and transport necessary to connect an interexchange telecommunications company with the local exchange central office for the purpose of originating or terminating, or both, the interexchange telecommunications company's switched telecommunications service; and

(F) Local exchange service.

(v) "Interexchange telecommunications company" means a person providing telecommunications service to connect end users located in different local exchange areas, but excluding companies which also provide noncompetitive local exchange services;

(vi) Repealed By Laws 2007, Ch. 142, § 2.

(vii) "Local exchange area" means a geographic territorial unit established by the commission for providing telecommunications services;

(viii) "Local exchange service" means residential or business service within a local exchange area capable of providing:

(A) Access to interexchange services provided by interexchange telecommunications companies;

(B) Single line flat-rate or single line measured residential or business voice service;

(C) Transmission service and facilities necessary for the connection between the end user's or customer's premises and local network switching facility including the necessary signaling service used by customers to access essential telecommunications services;

(D) Services necessary to connect 911 emergency services to the local network.

(ix) "Noncompetitive essential telecommunications services" means those essential telecommunications services at locations which have not been found by the legislature or the commission to be competitive in accordance with W.S. 37-15-202;

(x) "Price" means any rate or charge set and published in accordance with this chapter and collected by the telecommunications company for any telecommunications service offered by it to the public or other telecommunications companies;  (xi) "Telecommunications company" means a person engaged in the furnishing of telecommunications service within this state;

(xii) "Telecommunications service" means the offering or transmitting for hire of telecommunications by means of telecommunications facilities using wire, radio, lightwave or other means;

(xiii) Repealed by Laws 2015, ch. 96, § 2.

(xiv) "Universal service" means the general availability of local exchange service at an affordable and reasonable price;

(xv) Repealed by Laws 2015, ch. 96, § 2.

(xvi) Repealed by Laws 2025, ch. 135, § 2.

(xvii) "Landline carrier" means a telecommunications company providing local exchange service, or its functional equivalent, to retail end users by means primarily of its own fiber, copper, electric lines or coaxial cable facilities;

(xviii) "Broadband internet access service" means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service. "Broadband internet access service" shall not include dial-up internet access service;

(xix) "Noncompetitive local exchange service" means local exchange service at locations which have not been found by the legislature or the commission to be competitive in accordance with W.S. 37-15-202.

(b) Repealed By Laws 2007, Ch. 142, § 2.

37-15-104. Services regulated by this title.

(a) Except to the extent otherwise provided in this section, the provisions of this title shall only apply to noncompetitive essential telecommunications services. All telecommunications services shall be subject to contributions to the universal service fund required pursuant to W.S. 37-15-501, the requirements of W.S. 37-15-202(h), 37-15-401, 37-15-404, 37- 15-412 and 37-15-413, the requirements of W.S. 37-15-105 for voice over internet protocol and IP enabled services and the assessment levied pursuant to W.S. 37-2-106 through 37-2-109.

(i) Repealed by Laws 2025, ch. 135, § 2.

(ii) Repealed by Laws 2025, ch. 135, § 2.

(iii) Repealed by Laws 2025, ch. 135, § 2.

(iv) Repealed by Laws 2025, ch. 135, § 2.

(v) Repealed by Laws 2025, ch. 135, § 2.

(vi) Repealed by Laws 2025, ch. 135, § 2.

(vii) Repealed by Laws 2025, ch. 135, § 2.

(viii) Repealed by Laws 2025, ch. 135, § 2.

(ix) Repealed by Laws 2025, ch. 135, § 2.

(x) Repealed by Laws 2025, ch. 135, § 2.

(xi) Repealed by Laws 2025, ch. 135, § 2.

(xii) Repealed by Laws 2025, ch. 135, § 2.

(xiii) Repealed by Laws 2025, ch. 135, § 2.

(b) The provisions of this title do not apply to telecommunications services using radio spectrum, cellular or other wireless technology except to the extent provided in paragraphs (i) through (iv) of this subsection:

(i) To the extent permitted in accordance with the requirements of federal law relating to the consideration and determination of an application for designation as a federal eligible telecommunications carrier;

(ii) Determinations of eligibility for and amounts of distribution of state universal service funds in accordance with W.S. 37-15-502;

(iii) Any required contributions to the universal service fund under W.S. 37-15-501;  (iv) Any required assessment levied under W.S. 37-2- 106 through 37-2-109.

(c) The provisions of this title do not apply to:

(i) Telecommunications services provided by the department of enterprise technology to private health care providers under W.S. 9-2-2906(j); or

(ii) Private telecommunications networks. As used in this paragraph, "private telecommunications network" means a system for the provision of telecommunications service by a person for the sole and exclusive use of the person and not for resale either directly or indirectly.

37-15-105. VoIP and internet protocol enabled services.

(a) As used in this section:

(i) "Internet protocol enabled service" or "IP enabled service" means any service, capability, functionality or application, other than "voice over internet protocol service," (VoIP) using existing internet protocol, or any successor internet protocol, that enables an end user to send or receive a communication in existing internet protocol format, or any successor internet protocol format, utilizing a broadband connection at the end user's location, regardless of whether the communication is voice, data or video;

(ii) "Voice over internet protocol service" means any service that:

(A) Enables real time, two-way voice communication originating from or terminating at the user's location in internet protocol or a successor protocol;

(B) Utilizes a broadband connection at the user's location; and

(C) 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.

(b) The commission shall not regulate IP enabled service or voice over internet protocol service. Nothing in this section affects or modifies:  (i) Any applicable wholesale tariff or any commission authority to implement or enforce any rights, duties or obligations of any party related to wholesale services;

(ii) Any entity's obligations or rights or commission authority under sections 251 and 252 of the Federal Communications Act of 1934, 47 U.S.C. §§ 251 and 252;

(iii) Any commission jurisdiction over intrastate switched access rates, terms and conditions, including the implementation of federal law with respect to intercarrier compensation;

(iv) Any obligation for the provision of video or cable service by any entity under applicable law;

(v) Any commission jurisdiction or authority pursuant to W.S. 37-15-401(a)(vii), including but not limited to commission jurisdiction or authority to address federal high cost fund or federal universal service fund issues;

(vi) Any obligation to offer essential telecommunications service as regulated by the commission in other sections of this chapter.

(c) If a service provider voluntarily chooses to receive Wyoming universal service funds to support voice over internet protocol service that otherwise qualifies for support pursuant to W.S. 37-15-501 or 37-15-502, then that supported voice over internet protocol service shall be subject to all laws and rules governing the receipt of such funds, and the support provided to those services shall not exceed the support that would be provided to eligible noncompetitive local exchange services on a per-access-line basis.

(d) Voice over internet protocol service shall be subject to the following:

(i) Any required assessments under W.S. 37-15-501 and