On June 29, 2005, the New York Public Service Commission (“NYPSC”) released an Order to initiate a broad proceeding to review its telecommunications policies in light of a rapidly changing telecommunications industry.  This proceeding has the potential to result in sweeping changes to the telecommunications regulatory framework in New York.  The NYPSC Order refers to, among other things, an increased acceptance by New York consumers of “intermodal” products and services (e.g., wireless and IP-enabled services) in the place of traditional telecommunications services as a major factor in its decision to broadly re-assess its telecommunications regulations.    In the Order, the NYPSC indicates that the increasing ability of consumers to substitute intermodal products and services for traditional telecommunications services (according to the NYPSC’s Order, a “robust mixture” of these intermodal services is now available to 85% of New York consumers) creates an “asymmetric” regulatory regime in New York that fails to even-handedly treat providers of traditional telecommunications, wireless services, IP-enabled, voice, data, and video services.    The NYPSC is seeking public comment on many of the fundamental regulatory concepts and approaches underlying its telecommunications regulations.  Some of the specific issues on which the NYPSC is seeking comment are as follows:    Should it adopt relaxed consumer protection regulation for traditional wireline companies? Are there “core” consumer protections (such as slamming and cramming) that it should apply to wireless, Voice over Internet Protocol ("VoIP"), as well as traditional telecommunications providers?   What is the NYPSC’s function in enforcing these core consumer protections and should its authority extend to wireless and VoIP providers? Should a universal service funding mechanism be established in New York? What other approaches can be pursued to ensure affordable service to all New York consumers? Is there sufficient competition to prevent market power abuses by companies offering traditional local and long distance telecommunications services? Do VoIP service providers have adequate access to information from telephone, cable and wireless providers to efficiently manage operations? Comments are due no later than August 12, 2005.  If you are interested in filing comments in or receiving more detailed information regarding this proceeding, please do not hesitate to contact us.   July 2005   Back