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Vonage Loses Court Challenge Over Payments To A Federal Fund


WASHINGTON, June 1 (AP) — A federal appeals court on Friday denied Vonage’s challenge of a rule requiring telecommunications companies to contribute to a fund that supports service for schools, libraries and rural and low-income households.

The Federal Communications Commission rule, which went into effect last year, required Vonage and other providers of Internet telephone service to pay into the Universal Service Fund. Vonage claimed that the F.C.C. had overstepped its authority and overestimated how much it should pay.

The United States Court of Appeals for the District of Columbia Circuit agreed with Vonage on two minor points but said the F.C.C. was within its authority to require the company and other providers of voice-over-Internet protocol service, or VoIP, to contribute to the fund.

A Vonage spokeswoman, Brooke Schulz, said the company was not trying to avoid contributing to the fund and that its case “simply challenged the funding methodology.”

“We are pleased that the court vacated portions of the F.C.C.’s U.S.F. order that treated VoIP providers in an inequitable manner,” Ms. Schulz wrote in an e-mail message.

Companies are required to pay 11.7 percent of their long-distance revenue into the fund, which grew to $7.3 billion last year, from $6.7 billion in 2005.

Vonage, based in Holmdel, N.J., posted a loss of $286 million last year on revenue of $607 million.

Its shares rose 5 cents, or 1.7 percent, to $3.06 on Friday.

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