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VoIP Service Providers Regulation Explained and Discussed
Regulating VoIP service providers was initially a hands-off concern to the US Federal Communications Commission. However, VoIP was wrought with concerns when users found out that they couldn?t place emergency calls from their VoIP phones. Since then, the FCC has done what other individuals call a??regulatory creep? or a gradual regulation on VoIP.
Why not just regulate VoIP? Some say that limiting VoIP to a specific classification limits its innovation potential and discourages the entry of start-ups and new VoIP service providers in the industry. This means less VoIP accessibility to Americans. It also implies Internet regulation, something that brings with it a whole new host of consequences.
Nevertheless, some are for the regulation of VoIP to ensure the right of consumers to necessary phoning services. If the FCC has jurisdiction over VoIP, then it also has the right to require VoIP providers to contribute to specific phone service or broadband funds for the disabled and for rural and low income regions. These funds are taken from a specific percentage of a telecom carrier?s income and are passed on to telecom subscribers (you can check your phone bill). Even so, one question to this is, should the FCC acquire automatic jurisdiction over VoIP just because it supports a lofty goal?
Certainly, these issues are just the tip of the iceberg. You can find a lot of interlinking problems that need to be examined in relation to the full regulation of VoIP. Summary of regulations on VoIP (as of November 2010, Telecom Law Monitor)
The root of VoIP regulation One of the main queries that the FCC has yet to take a stand on is, do VoIP service providers offer a telecommunications service or do they provide info service? Under the Telecommunications Act of 1996, if VoIP is defined as an information service (Title One), then it's regulated only to a particular extent in accordance to the FCC?s ancillary jurisdiction. However, if it is defined underneath Title Two of the Act, then it really should be completely regulated just like other telecom carriers. Some are from the opinion that??if it acts like a telephone and functions like a phone, then it is a phone?. Some, however, feel that this immaterial. The question for them is, should the FCC even be authorized to regulate VoIP?
This is under consideration: - Comply with FCC outage reporting specifications
Below are a few of the regulations currently imposed on interconnected VoIP:
- Comply with FCC rules governing market entry/exit - Comply with 911 and E911 requirements - Contribute to the Universal Service Fund (USF), - Telecommunications Relay Service Fund (TRS) and related funds - pay FCC regulatory fees - Comply with Local Number Portability (LNP) guidelines - Comply with customer privacy/marketing restrictions (CPNI) - Comply with Communications Assistance for Law Enforcement Act (CALEA) requirements - Subject to fines/enforcement action for 1st FCC violation
These usually do not apply yet:
- Comply with state guidelines governing market entry/exit - Comply with FCC slamming rules
Clearly, the divide between telecom and info service is no longer viable. If VoIP providers are to become regulated, then it may be high time for a new regulatory structure.
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