A person or an entity that:

1. (1) transmits communications through Internet Protocol enabled retail services, including:

   1. (A) voice;
   2. (B) data;
   3. (C) video; or
   4. (D) any combination of voice, data, and video communications; or

2. (2) provides the necessary software, hardware, transmission service, or transmission path for communications described in subdivision (1);

   is not a public utility solely by reason of engaging in any activity described in subdivisions (1) through (2).

As added by P.L.27-2006, SEC.4.