[Cybertel-Ann] 8th Circuit MN PUC v FCC (Vonage Classification)

[Robert Cannon]

http://www.ca8.uscourts.gov/opndir/07/03/051069P.pdf

051069P.pdf   03/21/2007  MN Public Utilities  v.  FCC
   U.S. Court of Appeals Case No:  05-1069
                          and No:  05-1122
                          and No:  05-3114
                          and No:  05-3118
   Federal Communications Commission   
   [PUBLISHED] [Bye, Author, with Colloton, Circuit
Judge]
   Agency - petition for review of FCC order. FCC
order which determined that Voice over Internet
Protocol technology was impossible or impractical to
separate intrastate components from interstate
components and thus preempted state regulation was not
arbitrary or capricious. It was not arbitrary or
capricious for FCC to fail to classify VoIP as either
information service or telecommunications service. FCC
properly considered economic burden of identifying
geographic endpoints. Any inconsistencies with 911
Order did not render FCC order arbitrary. FCC did not
arbitrarily determine state regulation of information
service conflicted with federal policy of
nonregulation or preempt 911 requirements. NYPSC
appeal challenging fixed nomadic VoIP was premature.



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