Global NAPs Cal., Inc. v. Pub. Util. Comm'n of Cal., No. 09-55600 - U.S. Ninth Circuit
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Global NAPs Cal., Inc. v. Pub. Util. Comm'n of Cal., No. 09-55600

Petition for Review of CPUC Order

In Global NAPs Cal., Inc. v. Pub. Util. Comm'n of Cal., No. 09-55600, a petition for review of the California Public Utilities Commission's (CPUC) order requiring it to pay Cox California Telcom, LLC in accordance with an interconnection agreement and the CPUC's order suspending petitioner's right to operate as a telecommunications provider in California, the court affirmed the denial of the petition where 1) the CPUC's characterization of petitioner's VoIP traffic as intraLATA toll traffic came from Global itself; 2) a fact hearing was unnecessary to determine whether petitioner's VoIP traffic fell within the agreement's intraLATA-toll-call provision; and 3) the CPUC did not require petitioner to pay any compensation under the federal access-charges regime.

As the court wrote:  "We must decide, among other issues, whether the California Public Utilities Commission acted arbitrarily and capriciously when it interpreted an interconnection agreement between two competitive local telephone exchange carriers as establishing the rate at which each must compensate the other for handling Voice-over-Internet-Protocol calls."

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