Charter Disputes Minn. PUC Objections in VoIP Regulation Case
Charter Communications urged a federal court to allow its IP transition case against the Minnesota Public Utilities Commission to proceed. The company supported an April 21 magistrate judge report recommending that the U.S. District Court in Minnesota deny the PUC’s…
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motion to dismiss Charter’s complaint challenging state authority over interconnected VoIP services. The PUC objected to that recommendation on May 5 (see 1605060027). Charter’s complaint alleged the PUC overstepped its authority by imposing state regulations for traditional phone services on VoIP services. The case began in March 2013, when Charter transferred overnight 100,000 Minnesota customers to an affiliate that provided VoIP phone service that wasn't certified by the PUC. The agency has argued that interconnected VoIP is a telecom service subject to state regulation, but Charter and intervenor the VON Coalition have said it’s an information service and subject only to FCC regulation. “It is well-established that federal law preempts state public utility regulation of services classified as ‘information services’ under the Communications Act,” Charter said Thursday in a formal response (in Pacer) to the PUC’s objections. The FCC hasn't resolved the classification of interconnected VoIP, it said. The court’s decision on the motion won't be a ruling whether states can regulate interconnected VoIP, but will commence the trial phase of the case.