Minnesota Disputes FCC Order Helps Charter VoIP Case; Vermont Rules VoIP a Telecom Service

Minnesota said FCC net neutrality repeal doesn't back Charter Communications' case that the state Public Utilities Commission can't regulate fixed, interconnected VoIP like Charter Phone, despite the operator's assertions it does (see 1801110022). The 8th U.S. Circuit Court of Appeals and the FCC "have spoken clearly on this point, stating that 'an interconnected VoIP provider with a capability to track the jurisdictional confines of customer calls would no longer qualify for ... preemption ... and would be subject to state regulation,'" said a Minnesota attorney general filing (in Pacer) Thursday in Charter v. Nancy Lange, No. 17-2290. It was citing a 2008 8th Circuit ruling in MPUC v. FCC (Vonage III) that quoted a 2006 FCC USF contribution order; Lange is the MPUC chair. If the court reaches statutory classification, Minnesota said 1996 Telecom Act changes to the federal Communications Act would be dispositive on the VoIP issue, not the net neutrality order, "which simply reflects that the FCC changed its mind" on broadband classification from a Title II telecom service to a Title I information service. New York recently disputed similar Charter arguments on the FCC order's fallout (see 1801120009). Separately, the Vermont Public Utility Commission ruled VoIP service is a telecom service, but without deciding how it should be regulated. The VPUC remanded the proceeding to a hearing officer for further consideration, said an order Wednesday in docket 7316 (account registration required).