United States Eighth Circuit
Minnesota Pub. Utils. Comm'n v. Fed. Communications Comm'n, 05-1069, 05-1122, 05-3114, 05-3118
READ
An FCC order preempting state regulation of telecommunication services which utilize called Voice over Internet Protocol (VoIP) technology is affirmed where the FCC was not arbitrary and capricious in: 1) failing to make a threshold determination about whether VoIP services were "information services" or "telecommunications services"; 2) finding it was impractical or impossible to separate the intrastate components of VoIP service from its interstate components; 3) determining that state regulation of VoIP service conflicts with federal regulatory policies; and 4) preempting Minnesota's emergency 911 telephone service requirements.
Appellate Information
- Decided 03/21/2007
- Published 03/21/2007
Judges
- BYE, Circuit Judge., Before BYE, HEANEY, and COLLOTON, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Steven T. Nourse, argued, Columbus, OH, for MN Public Utilities Commission, et al., Jonathan Feinberg, argued, Albany, NY, for the People of the State of New York., Craig Graziano, Attorney General's Office, argued, Des Moines, IA, for National Association of State Utility Consumer Advocates., Nandan M. Joshi, argued, Washington, DC, for FCC., Ky E. Kirby, argued, Washington, DC, for Vonage Holding Corp.