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Table of Contents - September 14, 2018

Eighth Circuit Says VoIP Is Information Service, Preempts Minnesota PUC

In a 2-1 decision, a panel of the U.S. Court of Appeals for Eighth Circuit (St. Louis) on Sept. 7 upheld a federal district court's ruling that Charter Advanced Services LLC's interconnected VoIP (voice-over-Internet protocol) service is an information service under the federal Telecommunications Act and that state regulation of the service is thus preempted.

In Charter Advanced Services (MN) LLC; Charter Advanced Services VIII (MN) LLC, v. Nancy Lange, in her official capacity as Chair of the Minnesota Public Utilities Commission, et al. (case 17-2290), the Minnesota Public Utilities Commission was appealing summary judgment by the U.S. District Court for the District of Minnesota in favor of Charter, which had challenged the PUC's oversight of its VoIP service, known as Spectrum Voice.

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Court OKs Most of BDS Order, Remands TDM Provisions

In a unanimous decision by a three-judge panel, the U.S. Court of Appeals for the Eighth Circuit (St. Louis) has upheld most of the FCC's 2017 business data service (BDS) order while vacating for lack of adequate notice provisions that dealt with legacy time division multiplex (TDM) transport services.

The court remanded the TDM provisions to the FCC for further action, which FCC Chairman Ajit Pai said in a statement he intended to initiate "as soon as possible."

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