From: Clarence A. West, Attorney [cawest@cawestlaw.com]
Sent: Saturday, December 13, 2003 4:34 PM
To: voipforum
Subject: Materials Submitted to the VoIP Forum

Name:
 Clarence A. West, Attorney

E-mail:
 cawest@cawestlaw.com

Organization:
 Texas Coalition of Cities for Utility Issues ("TCCFUI")

Comments:
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On behalf of TCCFUI I file these Comments. 
TCCFUI is an organization of over 100 municipalities in Texas that focuses on utility issues  as they pertain to the use of the public rights of way. The goal of TCCFUI is to maintain and protect local authority over the public rights of way to protect the public interest at the local level. Previously TCCFUI filed Comments in the pending Vonage matter in which Vonage request that the FCC totally preempt state law  as to the regulation of VoIP at both the state and local level. As is detailed in TCCFUI's formal Comments  and Reply Comments in that docketed matter, such local control is essential for the health safty and welfare of  each cities citizens.

On behalf of TCCFI I  would respectfully request that the FCC take no action on the  various pending VoIP matters such as Vonage's request for a declaratory ruling preempting state law, the AT&T request concerning access charges applicablity to VoIP and all other related pending VoIP matters until  the proposed VoIP Rulemaking is completed. Pubic Comments and Reply Comments  in  a comprehensive Rulemaking proceeding, such as the proposed VoIP Rulemaking, is essential to having a full public discussion of the policy issue that VoIP raises.

If the pending VoIP matters are not held in abeyance during the Rulemaking any FCC action  taken in those proceedings, does not have the benefit of  a full public discussion and in all liklyhood will be  taken as precedential as to VoIP matters. As such that FCC action will predjudice those participating in the  subsequent Rulemaking process. If fact FCC action on the pending VoIP matters may very well undermine partipation in the VoIP Rulemaking if it appears that the policy issues have already been decided, albeit without general public input. That is certainly not the FCC's goal-nor is it TCCFUI's.

Repectfully submited,

Clarence West,Attorney for TCCFUI.
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