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VoIP Order Shouldn't Be Retroactive, AT&T Says

Any FCC order requiring calls originating or terminating over VoIP to be subject to intercarrier compensation requirements shouldn't be applied retroactively, AT&T said in comments posted Thursday in docket 10-90. Responding to Level 3’s comments saying requirements should be retroactive…

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(see 1412180032), Sidley Austin’s David Lawson, representing AT&T, said “Level 3 misstates the controlling standards.” An order on VoIP calls would be “substituting a new law for an old law that was reasonably clear,” AT&T said. The U.S. Court of Appeals for the D.C. Circuit has ruled that in those cases, “agencies are required to ‘deny retroactive effect,’” AT&T said. Level 3 had no immediate comment.