• On April 19, 2012, Broadwing Communications, LLC filed a petition for rehearing with the New York Public Service Commission (NYPSC) requesting that it reverse the finding that Broadwing violated tariff rules by failing to file addenda to its intrastate access tariff related to certain off-tariff agreements. In a complaint against several competitive local exchange carriers (CLECs) filed December 2009, Qwest Communications Company, LLC alleged that the CLECs had entered into off-tariff arrangements with several other interexchange carriers but refused to provide the same rates to Qwest for similar access services. After the PSC ordered the CLECs to disclose any off-tariff agreements, it issued a preliminary order on March 20, 2012, finding that “Qwest was apparently charged the tariff rate, while certain other IXCs were charged lower off-tariffed rates through separate agreements.” The NYPSC directed its staff to report recommendations for remedies. In its petition for rehearing, Broadwing denies that it discriminated against Qwest. Rather, Broadwing argued that the majority of the off-tariff agreements incorporated Broadwing’s NYPSC-approved intrastate access rate, such that there could be no discrimination against Qwest or the need to file such agreements with the PSC. Broadwing further argued that the remaining off-tariff agreements related to Session Initiated Protocol (SIP) services which, it asserts, are not subject to NYPSC jurisdiction. Docket No. 09-C-0555.
  • On April 17, 2012, the California Senate’s Energy, Utilities, and Communications Committee voted 12-0 to approve SB 1161, a bill that would prohibit the California Public Utilities Commission (CPUC) from asserting jurisdiction over VoIP providers unless otherwise expressly permitted by statute. SB 1161 states, however, that the CPUC retains jurisdiction over intercarrier compensation disputes related to the exchange of VoIP traffic, and further provides the CPUC with continued authority to assess state Universal Service Fund contributions requirements on VoIP providers. The bill now heads to the Senate Appropriations Committee. A copy of SB 1161 can be found here.