Sec. 1.1. A person or an entity that:
(1) transmits communications through Internet Protocol enabled retail services, including:
(A) voice;
(B) data;
(C) video; or
(D) any combination of voice, data, and video communications; or
(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).