In a petition for review of an FCC order setting forth the basis of its authority to institute the rate cap system relating to dial-up internet connections, the petition is denied where: 1) given the overlap between the internet and local calling issues involved, 47 U.S.C. section 251(i)'s specific saving of the Commission's authority under section 201 against any negative implications from section 251 rendered the Commission's reading of the provisions at least reasonable; 2) given that ISP-bound traffic lay at the intersection of the section 201 and sections 251-252 regime, it had no significance for the FCC's section 201 jurisdiction over interstate communications that these telecommunications might be deemed to "terminate" at a local exchange carrier for purposes of section 251(b)(5).
Argued October 16, 2009
Decided January 12, 2010
Opinion by Judge Williams
Jonathan D. Feinberg, John C. Graham and James Bradford Ramsay, New York Public Service Commission, Albany, NY