IN RE REG. OF VOICE OVER INTERNET PROTOCOL

No. 12-109.

70 A.3d 997 (2013)

2013 VT 23

In re INVESTIGATION INTO REGULATION OF VOICE OVER INTERNET PROTOCOL (VOIP) SERVICES.

Supreme Court of Vermont.

March 29, 2013.


Attorney(s) appearing for the Case

Andrew Raubvogel and Karen Tyler of Dunkiel Saunders Elliott Raubvogel & Hand PLLC, Burlington, and Samuel L. Feder , Luke C. Platzer and Adam G. Unikowsky of Jenner & Block LLP, Washington, D.C., for Appellant Comcast Phone of Vermont, LLC.

Morris L. Silver , Benson, for Appellee Central Vermont Public Service Corporation.

Megan R. Ludwig , Montpelier, for Appellee Vermont Department of Public Service.

Cassandra LaRae-Perez of Primmer Piper Eggleston & Cramer PC, Montpelier, for Appellees The Eight Vermont Independent Local Exchange Carriers.

Nolan C. Burkhouse and David M. Pocius of Paul Frank + Collins P.C., Burlington, for Amici Curiae Verizon, AT & T and the Voice on the Net Coalition.

Glenn S. Richards , Washington, D.C., for Amicus Curiae the Voice on the Net Coalition.

Scott H. Angstreich and Emily J. Kennedy of Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., and Alexander W. Moore, Boston, Massachusetts, for Amicus Curiae Verizon.

James A. Huttenhower , Chicago, Illinois, for Amicus Curiae AT & T.

Present: REIBER, C.J., DOOLEY, SKOGLUND and BURGESS, JJ., and EATON, Supr. J., Specially Assigned.


REIBER, C.J.

¶ 1. This appeal concerns whether the Vermont Public Service Board has jurisdiction to regulate interconnected Voice over Internet Protocol (VoIP) services provided in Vermont. The Board concluded that fixed VoIP is a "telecommunications service" under Vermont law and Vermont regulation of VoIP is not preempted by federal law because intrastate calls can be separately identified. The Board deferred consideration of what type of regulation to impose...

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