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The Kansas Corporation Commission became the third state commissi...

The Kansas Corporation Commission became the third state commission to rule that interconnected VoIP providers must pay into the state universal service fund. The commission said making VoIP providers contributors is consistent with federal law and FCC policy since…

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they already pay into the federal universal service fund. The KCC (Case 07-GIMT-432- GIT) said interconnected VoIP providers’ ability to separate traffic jurisdictionally doesn’t matter if the federal fund’s safe-harbor mechanism applies to their state contributions. The commission dismissed arguments that it’s preempted by federal law. Federal law and policy are silent on VoIP payments to state funds, and when New Mexico and Nebraska ordered interconnected VoIP providers to contribute to their state funds, they didn’t face preemption claims, it said. The KCC will hold workshops within 60 days to help set a formula for figuring VoIP universal service fund contributions and to settle other matters of follow-through.