Federal Internet Law & Policy
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New York Dont be a FOOL; The Law is Not DIY
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Municipal Broadband

  • Complaint of Frontier Company v Vonage, NYSPSC Case 03-C-1285 before PUC arguing that Vonage is an unauthorized telecom service.
  • US Federal District Court has issued a preliminary injunction enjoining the NY PUC's order.  Vonage beats back New York ruling CNET (June 30, 2004)
  • Vonage Press Release
  • Vonage beats back New York ruling, CNET 7/2/2004
  • Vonage Wins Another Round?for Now, eweek 7/2/2004
  • Complaint of Frontier Telephone of Rochester, Inc. Against Vonage Holdings Corporation Concerning Provision of Local Exchange and InterExchange Telephone Service in New York State in Violation of the Public Service Law, CASE 03-C-1285, Order Establishing Balanced Regulatory Framework for Vonage Holding Corporation (May 21, 2004)
  • NY PSC Press Release: PSC: Vonage is a Telephone Corporation as Defined by NYS Law - Commission Seeks to Maximize Benefits of New Technology, Protect Core Public Interests- May 19, 2004
  • The New York State Public Service Commission today determined that the Vonage Holdings Corporation (Vonage), which offers competitive telephone services to New Yorkers through Voice over Internet Protocol (VoIP) technology, is a telephone corporation as defined by New York State Law and, therefore, must obtain a Certificate of Public Convenience and Necessity (CPCN).

  • In its decision, the Commission emphasized its keen interest in applying only minimal regulations to ensure that it does not interfere with the rapid, widespread deployment of new technologies. At the same time, the Commission must ensure that its core public interest concerns, including public safety and network reliablity, are met. Thus, consistent with its longstanding policy, the Commission determined that Vonage, a competitive service provider, should be subject to, at most, the same limited regulatory regime which is applied to comparable competitive carriers in New York. Therefore, Vonage will not be subject to economic or rate
    regulation, but, pursuant to Public Service Law, Vonage must obtain Commission authorization to provide telephone service (CPCN) and file a schedule of its rates.
  • Notes
  • "Frontier is an incumbent local exchange carrier (ILEC) and is the dominant provider in the Rochester region. Frontier complained on its own behalf and on behalf of its parent Citizens Communications Company and six affiliates: Ogden Telephone Company, Citizens Telecommunications Company of New York, Inc., Frontier Communications of New York, Inc., Frontier Communications of Sylvan lake, Inc. Frontier Communications of AuSable Valley, Inc., and Frontier Communications of Seneca-Gorham, Inc. Together, these affiliated telephone companies provide local, regional, inter-LATA and ISP service in New York" Initial Comments of NY AG Oct 31, 2003
  • Complaint filed Sept 10, 2003.
  • Oct 9, 2003 PUC Notice released calling for comment
  • Comments due Oct 31, 2003.
  • Initial Comments of NY AG Oct 31, 2003
  • Comments of the CWA arguing that Vonage is a telecom service.
  • In Re Vonage Holding Company Petition for a Declaratory Ruling Concerning the Order of the Minnesota PUC, FCC WC Docket No. 03-211,
  • Comments of the NY AG (Nov. 21, 2003)
  • Comments of the NY PSC Oct 27, 2003 (arguing that petition for declaratory ruling should be dismissed because issue should be addressed in larger generic proceeding)
  • Comments of DataNet
  • VoIP Trials
  • Time Warner VoIP Field Trial Rochester: Light Runner.  Launched 1Q 2001.  Digital Phone Launced 1Q 2004. Putting VoIP to the Crash Test, CED May 2002; Cablecos Set Sights on VoIP, Xchange February 1, 2004; Merrill Lynch, Everything Over IP (March 12, 2003)
  • TW Rochester (no readily apparent mention of the telephony service)
  • Adelphia VoIP Trial in Buffalo
  • Cablevision with OptimumVoice in Long Island market deployment launched September 2003, now in Wechester and NYC. Major MSOs Prepare For Full-Scale Rollouts of VoIP Service VoIP News November 2003; Cablecos Set Sights on VoIP, Xchange February 1, 2004; Balancing Responsibilities and Rights: A Regulatory Model for Facilities-Based VoIP Competition An NCTA Policy Paper February 2004; Merrill Lynch, Everything Over IP (March 12, 2004)
  • Wifi Security

  • Law: NY State Penal Code § 156.00(8) (defining "without authorization" such that a user must have actual notice that access was without permission for it to be "without authorization." The law applies only where the network“is equipped or programmed with any device or coding system, a function of which is to prevent the unauthorized use of said computer or computer system.” § 156.05)
  • Westchester County directed its businesses to secure their networks or they would be fined. A wireless felony , WOOD TV 8 (June 18, 2007)
  • nyny


  • New York AG Suing Social Network for Child Porn, Wired 6/11/2010
  • Andrew Cuomo Grandstanding Again: Threatens To Sue Social Networking Site Over Actions Of Its Users, Techdirt 6/11/2010
  • New York Times sued over's linking practice, CNET 12/23/2008