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The Minn. PUC asked a federal court to reconsider its ruling last...

The Minn. PUC asked a federal court to reconsider its ruling last month that declared Vonage’s voice-over-IP service to be an unregulated information service and entirely outside the agency’s jurisdiction. The PUC urged the U.S. Dist. Court, Minneapolis, to…

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reconsider certain findings of fact on which the court based its Oct. 16 decision (Civil Case 03-5287). It asked the court to change its ruling, issue a temporary injunction and reopen the record for further investigation and discovery, or grant a new trial. The PUC cited errors of fact including the finding that Vonage’s service was principally on the Internet and didn’t involve “phone-to-phone” telephony. The PUC cited reports quoting top Vonage officials as saying 97% of its calls touched the public switched phone network. It also said Vonage’s ability to comply with state 911 requirements was still in dispute. The PUC disputed the court’s finding that Congress had preempted state regulation of any and all aspects of information service, including the 911 services of Vonage. The PUC said the court overstated the scope of the federal preemption and “dramatically modified state authority in an area traditionally regulated by the states.” Without uniform state standards for 911 provision, it said, there could be dangerous public confusion over 911 as well as strains on the system.