VONAGE HOLDINGS CORP. v. NEBRASKA PUBLIC SERVICE COMM'N

No. 08-1764.

564 F.3d 900 (2009)

VONAGE HOLDINGS CORP.; Vonage Network, Inc., Plaintiffs-Appellees, v. NEBRASKA PUBLIC SERVICE COMMISSION; Rod Johnson, in his official capacity as Commissioner of the Nebraska Public Service Commission; Frank E. Landis, Jr., in his official capacity as Commissioner of the Nebraska Public Service Commission; Anne C. Boyle, in her official capacity as Commissioner of the Nebraska Public Service Commission; Tim Schram, in his official capacity as Commissioner of the Nebraska Public Service Commission; Gerald L. Vap, in his official capacity as Commissioner of the Nebraska Public Service Commission; Jeffrey L. Pursley, in his official capacity as Director of the Nebraska Telecommunications Infrastructure and Public Safety Department of the Public Service Commission, Defendants-Appellants. National Association of Regulatory Utility Commissioners; Federal Communications Commission; United States of America, Amici on behalf of Appellant, Computer & Communications Industry Association; Telecommunications Industry Association; Information Technology Industry Council; Information Technology Association of America; Fiber-To-The-Home Council; Verizon; Voice on the Net Coalition, Inc., Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 1, 2009.


Attorney(s) appearing for the Case

Leonard Jay Bartel, AAG, argued, Lincoln, NE, for appellant.

Mark Andrew Grannis, argued, Washington, DC, Thomas G. Connolly, and Justin Dillon, on the brief, for appellee.

Joseph R. Palmore, FFC, argued, Washington, DC, Robert Nicholson, DOJ, James J. O'Connell, Jr., Deputy AAG, DOJ; Thomas O. Barnett, AAG, DOJ, Washington, DC, Nandan M. Joshi, FCC; Richard K. Welch, FCC; and Mathew B. Berry, FCC, Washington, DC, on the brief, for amicus on behalf of appellant.

Before WOLLMAN, BYE, and RILEY, Circuit Judges.


BYE, Circuit Judge.

The members of the Nebraska Public Service Commission,1 and the Director of the Telecommunications Infrastructure and Public Safety Department2 (collectively NPSC),3 appeal the district court's4 order enjoining the NPSC's enforcement of the Nebraska Telecommunication Universal Service Fund Act (NUSF), Neb.Rev. Stat. §§ 86...

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