Jenner & Block

Firm Secures Appellate Victory for Comcast in VoIP Matter

Jenner & Block  won an appellate victory for client Comcast before the Vermont Supreme Court.  At issue was whether the Vermont Public Service Board has jurisdiction to regulate interconnected Voice over Internet Protocol (VoIP) services provided in Vermont.  According to a summary of the case, the Board had concluded that fixed VoIP was a "telecommunications service" under Vermont law, and federal law does not pre-empt Vermont regulation of VoIP because intrastate calls can be separately identified.  Partner Luke C. Platzer argued before the Court that the Board erred in not addressing whether interconnected fixed VoIP was an information service or telecommunications service under federal law. According to Comcast, VoIP is an information service and, therefore, federal law pre-empts any state regulation.  On March 29, the Court agreed that the Board must reach this question and remanded the matter for further proceedings.  The team also included Partner Samuel L. Feder and Associate Adam G. Unikowsky.