
(2008)
VONAGE HOLDINGS, CORP., and Vonage Network, Inc., Plaintiffs,
v.
NEBRASKA PUBLIC SERVICE COMMISSION, Rod Johnson, in his official capacity as Commissioner of the Nebraska Public Service Commission, Frank E. Landis, Jr., in his official capacity as Commissioner of the Nebraska Public Service Commission, Anne C. Boyle, in her official capacity as Commissioner of the Nebraska Public Service Commission, Tim Schram, in his official capacity as Commissioner of the Nebraska Public Service Commission, Gerald L. Vap, in his official capacity as Commissioner of the Nebraska Public Service Commission, and Jeffrey L. Pursley, in his official capacity as Director of the Nebraska Telecommunications Infrastructure and Public Safety Department of the Nebraska Public Service Commission, Defendants.
No. 4:07CV3277.
United States District Court, D. Nebraska.
March 3, 2008.

MEMORANDUM AND ORDER
LAURIE SMITH CAMP, District Judge.
This matter is beforefederal district court heard the matter and issued a preliminary injunction against the state actors finding, in part, that Vonage provided information services rather than telecommunications services, and that the strong Congressional intention to avoid regulating the Internet provided a basis for enjoining the MPUC from enforcing regulations upon Vonage and its Digital-Voice customers. The MPUC appealed the issuance of the injunction to the Eighth Circuit, and, while that appeal was pending, the FCC issued its Preemption Order.
When the State's appeal of the preliminary injunction reached the Eighth Circuit Court, it had the benefit of the FCC's Preemption Order. The Eighth Circuit affirmed the district court's issuance of the preliminary injunction based in part on the FCC's Order, but also on the district court's finding that Vonage provided