Commission allows amicus briefs, but not intervention, in ATT case

by preferred on October 30, 2008

On September 4, 2008, the Commission opened a docket to address the petition of Wisconsin Bell, Inc., d/b/a AT&T Wisconsin (AT&T) that seeks a declaratory ruling that AT&T’s new “U-verse Voice” offering, which uses Internet Protocol (IP)-enabled technology, is subject to the exclusive jurisdiction of the Federal Communications Commission (FCC). AT&T argues that the offering is either an “information service” under federal law, an offering subject to the FCC’s Vonage Order, or both, and is therefore subject only to FCC jurisdiction.

AT&T objected orally to the requests for mandatory and permissive intervention filed by Northeast, TWCIS, Sprint Communications Company, L.P. (Sprint), and Wisconsin Cable Communications Association (WCCA). AT&T’s reasons for the ALJ to deny intervention were adopted by the ALJ without discussion.

In an open meeting, the Commission denied the motions for review of the ALJ’s order denying the petitions to intervene, and authorized the movant Northeast to participate by briefs as friend of the Commission.

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