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California PUC Appeals Vonage Ruling
... possibly only for a few weeks though
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. The interesting twist is that the CPUC itself may seek to overturn the petition 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 statutory jurisdiction, authority, or limitations and is arbitrary, capricious, an abuse of discretion and otherwise contrary to law.

Most recommended from 28 comments


yazdzik
MVM
join:2000-07-26
Honesdale, PA

2 recommendations

yazdzik

MVM

even the luddites hate taxes

Dear Friends,

The concept of appellation from an order resulting from the use of ministerial powers is simply a normal course of events in protecting jurisdiction.

As much as I hate the thought of the states regulating VOIP, it is hard to see that the intention to file appeal is anything more than pro forma in this case. Too much case law on the side of the ministries, and the requirement is that something is both arbitrary and capricious. Hard to make that stick.

It is equally hard to see how, in spite of the legal theory, that the state would prevail, as no sane politician would create taxes, irrespective of their necessity. Whether or not the perception is even true, many folks feel that anything done on the net is tax-free, that the internet is a haven from the vultures.

My wife, a luddite in excelsis, hating the very thoughts of computers and even cell phones, wants to use VOIP.....

Cheap and untaxed.

Remember, when most teens today will be of voting age, few of the industry ideals of today will hold.

All good wishes,

Yazdzik