The FCC wants comment on a petition by Nebraska and Kansas regula...
The FCC wants comment on a petition by Nebraska and Kansas regulators (CD July 21 p4) for the commission to declare that it never preempted states from charging universal service fees to interconnected VoIP providers on intrastate traffic. The…
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states also asked the FCC to declare that individual states may impose the charges in any way that doesn’t apply to interstate revenue and that ensure no provider pays more than one state for the same intrastate revenue. The states said the FCC could open a rulemaking to decide the matter. Comments are due Sept. 9, replies Sept. 24. In an ex parte meeting last week with FCC General Counsel Austin Schlick, Vonage said the FCC “is free to revisit its decision to pre-empt state imposition of USF” by opening a rulemaking. The VoIP provider said the FCC’s 2004 Vonage pre-emption order said clearly that states can’t impose state USF obligations on the company. Vonage said it doesn’t object to contributing to a state USF, if the requirement applies only going forward. A rulemaking “would be the most legally defensible and equitable response” to the states’ petition: “Opening a rulemaking and inviting comment from all interested parties, including other state public utility commissions, will enable the Commission to offer uniform guidance and ensure that all states have the opportunity to adopt interconnected VoIP USF contribution requirements that do not conflict with federal policy.” A rulemaking could also prevent conflicts when the FCC overhauls the federal USF, it said.