TELECOM Digest OnLine - Sorted: Calif. PUC Files Appeal To FCC's Vonage Decision -- Maybe


Calif. PUC Files Appeal To FCC's Vonage Decision -- Maybe


Jack Decker (jack-yahoogroups@deleted)
Fri, 31 Dec 2004 12:54:00 -0500

http://www.crn.com/sections/breakingnews/dailyarchives.jhtml?articleId=56900043

By Paul Kapustka

Setting itself up for a potential regulatory flip-flop, the California
Public Utilities Commission has filed a petition for review with the
U.S. Court of Appeals for the Ninth Circuit challenging the FCC's
recent decision to exempt Voice over IP provider Vonage Holdings from
state-by-state regulations -- a petition that the CPUC itself may seek
to overturn when new commissioners come on board Jan. 11.

The CPUC's petition, filed with the court on Dec. 22, asks that the
FCC's Vonage ruling be found "in excess of the Commission's statuatory
jurisdiction, authority, or limitations and is arbitrary, capricious,
an abuse of discretion and otherwise contrary to law." According to
Ellen LeVine, a counsel for the CPUC, interested parties have a 30-day
window to present oral arguments to the court before any action is
taken.

During that time, the CPUC itself may move to strike its own petition
-- a seemingly schizophrenic action that actually makes sense given
the fact that the CPUC's recently acrimonious commissioner roster is
due for imminent overhaul, with two new appointees for 2005. The
outgoing commissioners, Democrats Carl Wood and Loretta Lynch, are
being replaced by Republican Steve Poizner and Democrat Dian
Grueneich, who were recently appointed to the posts by Gov. Arnold
Schwarzenegger.

While the CPUC's LeVine would not reveal details of the commissioners'
vote on the FCC/Vonage petition, sources close to the matter said the
commissioners were sharply divided on the issue. The CPUC could, in
fact, change its mind entirely on the subject when the new slate of
commissioners holds its first formal business meeting on Jan. 13 in
San Francisco.

Full story at:

http://www.crn.com/sections/breakingnews/dailyarchives.jhtml?articleId=56900043

How to Distribute VoIP Throughout a Home:
http://michigantelephone.mi.org/distribute.html

If you live in Michigan, subscribe to the MI-Telecom group:
http://groups.yahoo.com/group/MI-Telecom/

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