In a stunning conclusion to six years of litigation, Goodin MacBride secured an unprecedented victory for the City of Chino Hills when the California Public Utilities Commission (CPUC) voted 3-2 on July 11th to grant Chino Hills’ Petition for Modification and require Read more →

On May 20, 2013, the United States Supreme Court held that an administrative agency’s construction of a statute related to its own jurisdiction is entitled to deference under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) (“Chevron”). City of Arlington v. Federal Communications Commission, 569 U.S. ___ (2013) (“Arlington”). Read more →

Our first two posts regarding SB 1161 provided a brief summary of the regulatory background and history relating to regulation of VoIP and other IP-enabled services by the California Public Utilities Commission (CPUC). As readers will recall, the CPUC has yet to determine whether VoIP services are “telephone corporations” subject to its jurisdiction, but we believe the Public Utilities Code could be construed to permit regulation of VoIP and have noted that the CPUC currently regulates, as a matter of course, providers of other types of IP-enabled services. In addition, while the FCC has preempted state regulation of some forms of VoIP, it appears that fixed (non-nomadic) intrastate VoIP service may be susceptible to state regulation. Read more →

In our first post regarding SB 1161, which would prohibit, subject to certain exceptions, the California Public Utilities Commission (CPUC) and other state and local agencies from regulating VoIP and other IP-enabled services, we offered some insights and historical background regarding the status of the CPUC’s jurisdiction over those services under California law. As we explained in that post, our view is that, as a matter of California law, providers of VoIP and other IP-enabled telecommunications providers are probably subject to, or potentially subject to, regulation by the CPUC as public utility telephone corporations. We did not address, however, the extent to which the CPUC’s authority may have been expressly preempted by the Federal Communications Commission (FCC) in its 2004 Minnesota Vonage Preemption Order. We will take a look at that issue, now. Read more →

A bill now pending before the California Legislature (SB 1161 [Padilla]) would prohibit, subject to certain exceptions and, for now, only until 2020, the California Public Utilities Commission (CPUC) and other state and local agencies from regulating VoIP and other IP-enabled services. At the time of this posting, the bill has passed the Senate and is now making its way through the Assembly. Proponents of the bill contend that it is intended merely to preserve the regulatory status quo. Opponents do not claim otherwise, but express concern that while the CPUC has not previously determined it necessary to regulate this segment of the telecommunications industry, the CPUC’s ability to do so should be preserved, lest, among other things, a marketplace failure or other circumstance requires swift remedial action to protect consumer interests. Read more →