---
title: "Now on Deck: Carrier Asks FCC to Preempt Pennsylvania PUC VoIP Decision"
date: 2010-04-01T10:59:56-04:00
author: Import Bot
canonical_url: "https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/now-on-deck-carrier-asks-fcc-to-preempt-pennsylvania-puc-voip-decision"
section: Blog Posts
---
# Now on Deck: Carrier Asks FCC to Preempt Pennsylvania PUC VoIP Decision

 April 1, 2010

 

 

 

 

 

 

The VoIP jurisdictional saga continues. Last month, we discussed a decision by the [Pennsylvania PUC asserting jurisdiction over intrastate Voice over IP calls ](http://www.telecomlawmonitor.com/2010/03/articles/access-charges/pennsylvania-puc-claims-jurisdiction-over-voip-access-charges/)and a decision by a [US District Court reaching the opposite conclusion](http://www.telecomlawmonitor.com/2010/02/articles/voip/federal-court-rules-that-voip-need-not-pay-access-charges/). Tomorrow, parties are asked to comment on a petition seeking, among other things, to preempt the Pennsylvania decision. We will be watching the comments and will post on anything of interest in the comments.

**4/6/10 QUICK UPDATE:** **19 entities filed comments in response to the Global NAPs petition. Most were ILECs or state commissions opposing the specific rulings proposed.**

This latest VoIP proceeding has its origins in the Pennsylvania PUC decision. After the decision was issued, the carrier ordered to pay intrastate access charges, Global NAPs, filed a Petition for Declaratory Ruling with the FCC. The Petition seeks four rulings from the FCC:

1\. The *Vonage* Order prohibits state commissions from subjecting VoIP traffic to intrastate tariffs;

2\. Once a carrier’s service has been determined to be ​“primarily nomadic” VoIP, the remainder of its traffic also is interstate, absent ​“clear proof of purely intrastate calls”;

3\. The Local Exchange Routing Guide (“LERG”) is not a reliable proxy for the geographic point of origination of VoIP calls; and

4\. Connecting carriers that forward VoIP traffic are immune from interstate and intrastate switched access charges.

In the alternative, Global NAPs seeks preemption of the Pennsylvania PUC decision and ​“recent and/or impending” rulings in Maryland and New Hampshire.

The FCC released a [Public Notice ](http://fjallfoss.fcc.gov/ecfs/document/view?id=7020397244)seeking comment on the Global NAPs Petition. Comments are due April 2; replies April 12.

 

 **Tags:** [Access Charges](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/access-charges), [litigation](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/litigation), [Preemption](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/preemption), [VoIP](https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/tags/voip)

 

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