Question

Fact Pattern 43-1
Alpha, Inc., markets "Beta Calling," a Voice over Internet Protocol service. Colorado State Agency concludes that Beta is a phone service and orders Alpha to pay state phone taxes. Alpha files a suit against Colorado to stop the order.Refer to Fact Pattern 43-1. Under the reasoning of the court in Case 43.3, Vonage Holdings Corp.v. Minnesota Public Utilities Commission, if federal policy is to encourage certain conduct, state law discouraging that conduct must
a. be preempted.
b. override policy considerations.
c. take precedence.
d. weigh equally in the balance.

Answer

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