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Calif. PUC Files Appeal To FCC's Vonage Decision -- Maybe: Page 2 of 2

A reversal of course wouldn't be the first for the CPUC on VoIP issues. And while legal challenges to the FCC's Vonage ruling have been anticipated, the CPUC's choice of using the Ninth Circuit Court (instead of the historically state-friendly Eighth Circuit Court) is also a curious one, according to VoIP impresario Jeff Pulver, who first reported the CPUC's appeal on his personal weblog.

Then there's the timing of the appeal, which was apparently filed just before this week's decision by the Eighth Court to uphold a lower court's ruling in favor of Vonage, a decision where the court used the FCC's Vonage ruling as supporting evidence.

While Vonage representatives hadn't seen any official notification of the CPUC's appeal, Vonage senior vice president Brooke Schulz said in an email reply that the company is ready for such challenges.

"We are not surprised to hear of the CPUC's intent to appeal the FCC Order, however imprudent it may be in light of the consistent Federal precedent on this particular matter of policy," Shulz said. "The FCC and the Federal Courts have consistently found the kind of VoIP Vonage provides is an interstate service, solely under the jurisdiction of the federal government, not the states."