MINNESOTA PUBLIC UTILITIES COM'N v. F.C.C.

Nos. 05-1069, 05-1122, 05-3114, 05-3118.

483 F.3d 570 (2007)

The MINNESOTA PUBLIC UTILITIES COMMISSION; Petitioner, National Association of Regulatory Utility Commissioners; Intervenor on Behalf of Petitioner, Arizona Corporation Commission; State of New Jersey, Board of Public Utilities; State of Nebraska; State of California; State of Connecticut; Amici on Behalf of Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America; Respondents, Vonage Holdings Corporation; Time Warner, Inc.; Time Warner Cable, Inc.; America Online, Inc.; Level 3 Communications, LLC; Charter Communications, Inc.; High Tech Broadband Coalition; 8 X 8, Inc.; Bellsouth Corporation; Qwest Communications International, Inc.; Verizon; The Voice on Net Coalition, Inc.; Pulver.Com; Pacific Lightnet, Inc.; AT & T, Inc., formerly known as SBC Communications Inc. and AT & T Corp; Intervenors on Behalf of Respondents, California Public Utilities Commission; Amicus on Behalf of Respondents. National Association of State Utility Consumer Advocates; Petitioner, National Association of Regulatory Utility Commissioners; Intervenor on Behalf of Petitioner, Arizona Corporation Commission; State of New Jersey, Board of Public Utilities; State of Nebraska; State of California; State of Connecticut; Amici on Behalf of Petitioner, v. Federal Communications Commission; United States of America; Respondents, Vonage Holdings Corporation; Time Warner, Inc.; Time Warner Cable, Inc.; America Online, Inc.; Level 3 Communications, LLC; Charter Communications, Inc.; High Tech Broadband Coalition; 8 X 8, Inc. Bellsouth Corporation; Qwest Communications International, Inc.; Verizon; The Voice on Net Coalition, Inc.; Pulver.Com; Pacific Lightnet, Inc.; AT & T, Inc., formerly known as SBC Communications Inc. and AT & T Corp; Intervenors on Behalf of Respondents, California Public Utilities Commission; Amicus on Behalf of Respondents. Public Utilities Commission of Ohio; Petitioner, National Association of Regulatory Utility Commissioners; Intervenor on Behalf of Petitioner, Arizona Corporation Commission; State of New Jersey, Board of Public Utilities; State of Nebraska; State of California; State of Connecticut; Amici on Behalf of Petitioner, v. Federal Communications Commission; United States of America; Respondents, Vonage Holdings Corporation; Time Warner, Inc.; Time Warner Cable, Inc.; America Online, Inc.; Level 3 Communications, LLC; Charter Communications, Inc.; High Tech Broadband Coalition; 8 X 8, Inc.; Bellsouth Corporation; Qwest Communications International, Inc.; Verizon; Pulver.Com; The Voice on Net Coalition, Inc.; Pacific Lightnet, Inc.; AT & T, Inc., formerly known as SBC Communications Inc. and AT & T Corp; Intervenors on Behalf of Respondents, California Public Utilities Commission; Amicus on Behalf of Respondents. People of the State of New York; The Public Service Commission of the State of New York; Petitioners, National Association of Regulatory Utility Commissioners; Intervenor on Behalf of Petitioners, Arizona Corporation Commission; State of New Jersey, Board of Public Utilities; State of Nebraska; State of California; State of Connecticut; Amici on Behalf of Petitioners, v. Federal Communications Commission; United States of America; Respondents, Vonage Holdings Corporation; Time Warner, Inc.; Time Warner Cable, Inc.; America Online, Inc.; Level 3 Communications, LLC; Charter Communications, Inc.; High Tech Broadband Coalition; 8 X 8, Inc.; Bellsouth Corporation; Qwest Communications International, Inc.; Verizon; Pulver.Com; The Voice on Net Coalition, Inc.; Pacific Lightnet, Inc.; AT & T, Inc., formerly known as SBC Communications Inc. and AT & T Corp; Intervenors on Behalf of Respondents, California Public Utilities Commission; Amicus on Behalf of Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: March 21, 2007.


Attorney(s) appearing for the Case

Steven T. Nourse, argued, Columbus, OH, for MN Public Utilities Commission, et al.

Jonathan Feinberg, argued, Albany, NY, for the People of the State of New York.

Craig Graziano, Attorney General's Office, argued, Des Moines, IA, for National Association of State Utility Consumer Advocates.

Nandan M. Joshi, argued, Washington, DC, for FCC.

Ky E. Kirby, argued, Washington, DC, for Vonage Holding Corp.

Before BYE, HEANEY, and COLLOTON, Circuit Judges.


BYE, Circuit Judge.

Before the court are consolidated petitions for review which challenge an order of the Federal Communications Commission (FCC) preempting state regulation of telecommunication services which utilize a relatively new technology called Voice over Internet Protocol (VoIP). The FCC preempted state regulation after determining it would be impractical, if not impossible, to separate the intrastate portions of VoIP service from the interstate portions...

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