In a second development that concerns the regulation of IP-based services, the Missouri Public Service Commission (MPSC) ordered Comcast late last week to seek state certification for fixed IP-based telephone services offered to Missouri customers. The MPSC ruling pertains to “Digital Voice” phone services that Comcast—the nation’s largest cable system operator—has been providing to Missouri customers since April 2006. Later that year, members of the MPSC staff urged regulators to subject Comcast IP Phone, LLC—which had been offering the service without state authorization—to certification as a state telecommunications carrier. Arguing that its IP phone service is not a telecommunications service, Comcast told the MPSC that it was overstepping its authority as the FCC still has yet to rule on the regulatory framework of VoIP services in its ongoing IP-enabled rulemaking proceeding. Comcast also pointed to the FCC’s ruling (handed down in November 2004) that preempted the decision of the Minnesota Public Utilities Commission to subject Vonage’s VoIP service to state regulation. Rejecting Comcast’s claims, the MPSC differentiated between Vonage’s VoIP service, which was deemed to be “nomadic,” and Comcast’s Digital Voice service, which operates as a fixed service that is available only over the coaxial cable connected to the customer’s premises. Noting that the FCC’s decision to preempt in the Vonage case was based on the premise that calls on the Vonage system could be made from any point where a broadband connection could be made (thus making it impossible to separate interstate from intrastate calls) the MPSC concluded that Comcast’s fixed VoIP service makes it possible to determine the caller’s location, which would therefore subject any intrastate calls to state regulation. The MPSC also refused to defer its decision while waiting for an FCC ruling in the IP-enabled proceeding.