The Neb. PSC said VoIP providers are subject to state universal s...
The Neb. PSC said VoIP providers are subject to state universal service fund assessments on the intrastate portion of their services. The PSC said the jurisdictional nature of VoIP calls can be found using their ultimate termination point, even…
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though VoIP providers claimed it’s impossible to know where a VoIP call goes. The PSC (Case NUSF-40/PI-86) said if a VoIP provider can’t set a jurisdictional allocation based on a reasonable sampling of actual call data, the PSC will base the assessment on the FCC’s default safe-harbor allocation of 71.5% intrastate and 28.5% interstate. The PSC said this approach won’t put VoIP providers at an unfair competitive disadvantage but will result in “equitable contributions” toward the state USF. The PSC said the FCC hasn’t explicitly preempted states from requiring VoIP providers to pay into state universal service funds. The PSC disregarded VoIP provider claims that no portion of a VoIP call can be deemed jurisdictionally intrastate, and that VoIP as an information service is totally beyond state jurisdiction. The order will take effect April 1.