Fixed interconnected VoIP falls under state regulatory jurisdiction, the Kansas...
Fixed interconnected VoIP falls under state regulatory jurisdiction, the Kansas Corporation Commission ordered. The ruling, adopted Wednesday and mailed Thursday (http://xrl.us/bod6iw), negotiates a murky field of ambiguous jurisdiction from the last decade and specifically weighs in on TWC Digital Phone.…
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That fixed interconnected VoIP provider is a public utility under Kansas rules and “must obtain a certificate to operate” and “must have approved tariffs on file,” the KCC said. TWC had argued for preemption and cited the FCC’s 2004 Vonage order but KCC staff said Vonage applied only to nomadic interconnected VoIP services: “While the Vonage Order concludes nomadic interconnected VoIP services are subject to FCC regulation and thus state commissions are preempted, it does not extend to fixed interconnected VoIP service.” The question arose in a proceeding about “why the Commission should not impose sanctions, fines and penalties on TWC for its failure to obtain a Certificate of Convenience and Authority authorizing it to offer services in Kansas and for its failure to have an approved tariff on file,” according to the order. In a January filing, TWC warned the commission that any enforcement actions taken against the company “would be unlawful” (http://xrl.us/bod6xm).