IX. Jurisdiction

AB 2393 addresses matters related to the reliability of a wide variety of telecommunications services during an emergency, and directs the Commission to undertake the tasks specified therein. Yet the Commission's jurisdiction regarding telecommunications rates and services is subject to limitations depending on the type of telecommunications services being provided.⁸

In the course of this rulemaking, the Commission may identify the need for standards in an area that is not within the Commission's jurisdiction. In such a case, the Commission may recommend state or federal legislation or the adoption of an appropriate standard by the state or federal agency with the necessary jurisdiction. We will invite parties' comments on when jurisdictional issues dictate use of these alternate measures, if any are necessary.

The Commission requests the full cooperation of all respondents and interested parties with CD in carrying out its tasks as described herein.

The participation of a provider of a communications service will not constitute an admission of jurisdiction. Any participating party, however, shall provide information requested by the Commission.

⁸ See, e.g., In re Vonage Holdings Corp., 19 F.C.C.R. 22404, 22424 at ¶ 31 (preempting state regulation of VoIP service offered by Vonage); Minnesota Public Utilities Comm'n v. Federal Communications Comm'n, 2007 U.S. App. LEXIS 6448 (8th Cir. 2007) (recognizing that the FCC decision in Vonage precludes state regulation to the same extent for other "services `having basic characteristics similar to DigitalVoice service'") (quoting id. at 22424, ¶ 32).