Issuing a retroactive declaratory ruling is “the least transparent way”...
Issuing a retroactive declaratory ruling is “the least transparent way” of addressing the states’ request to charge Universal Service Fund fees to interconnected VoIP providers, said Vonage in a meeting with the FCC Tuesday. Vonage said the “regulatory certainty” which…
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the commission offered in its 2004 preemption order should not be undermined by the FCC’s consideration of a petition from the Kansas and Nebraska commissions. Furthermore, any imposition of retroactive USF obligations would be “manifestly unjust and unlawful,” the company said. The Voice on the Net Coalition also opposed a retroactive declaratory ruling on interconnected VoIP regulation in a subsequent meeting with the FCC Wednesday. The group urged the FCC to launch a rulemaking to limit states’ powers to charge USF fees, it said. To make any declaratory ruling that betrays the “Vonage Preemption Order” would hurt consumers and prevent the innovation and growth of the VoIP industry, the VON Coalition said. Instead, the FCC should seek comment on the best way to assess state USF fees and how much it would cost VoIP providers to modify their billing systems to account for USF fees, said the VON Coalition. Furthermore, any rulemaking should not be imposed retroactively, the group said, because VoIP providers would be unable to collect fees directly from past customers.