Attention to All Companies Registered as “Nomadic” Interconnected VOIP Service Providers in California
We wish to alert you to a crucial development from the California Public Utilities Commission (CA PUC) that may significantly impact your business operations if you have previously registered as a “Nomadic” Interconnected Voice over Internet Protocol (VoIP) service provider in the state of California.
Background: Pursuant to Public Utilities (Pub. Util.) Code Section 314 (a) and (b), the Communications Division (CD) of the CA PUC has issued a mandatory data request to all Interconnected VoIP carriers with informal registration under Pub. Util. Code § 2851. This request likely has implications with respect to the CA PUC’s ongoing Rulemaking 22-08-008 proceeding, which our firm has detailed in multiple, prior client advisories:
- California Opens Rulemaking Proceeding to Determine Future Regulatory Framework Applicable to VoIP Services; Clock is Ticking and the Time to Voice Your Concerns is Now!
- California Public Utilities Commission Muddies the Waters on State Regulation of Nomadic I-VoIP
- Cloud Communications Alliance Responds to California VOIP Rulemaking, Criticizing Unsubstantiated Claims of Consumer Harm by Pro-Regulation Commenters
Key Information Requested: Among the crucial information being requested, the CA PUC is seeking details regarding the type of Interconnected VoIP services your company offers, specifically whether it is Fixed Interconnected VoIP, Nomadic Interconnected VoIP, or a combination of both. Additionally, they are seeking information regarding your facilities status, categorizing it as full facilities-based, limited facilities-based, or reseller.
Important Deadline: Your timely response is imperative. All requested information must be submitted on or before 5 pm (PST) on February 22, 2024.
Significant Implications: This data request may signify the CA PUC’s intent to define “Nomadic Interconnected VoIP” in a very narrow manner in California. It is crucial to note that the information collected through this request could have far-reaching consequences for your business. The CA PUC may use this data to direct companies previously “registered” as Nomadic IVOIP to file license applications akin to the NDIEC process. This process typically entails obtaining a $25,000 bond and potentially subjecting your company to additional regulations applicable to telephone corporations, including transfer of control approval rules.
Recommendation: We strongly urge all providers subject to this mandatory data request to consult with experienced legal counsel to ensure that you are fully aware of the implications and consequences of the responses you provide to the CA PUC. Understanding both the short-term and long-term effects of your submissions is essential to protect your interests.
We appreciate your attention to this important matter and stand ready to support your compliance efforts. Please do not hesitate to contact our team if you have any questions or require legal guidance.
