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Speak Up On FCC VoIP Regulation

jeffpulver writes "Speak now or forever hold your peace. The FCC will decide whether or not to regulate Internet Telephony in the U.S. over the next several months. On February 5th I filed a petition with the FCC on behalf of Free World Dialup, asking for a Declaratory Ruling that states that Broadband Internet Telephony which doesn't touch the public switched telephone network (PSTN) should not be ruled as either "Telecommunications" or as a "Telecommunications Service" as defined by the Telecom Act of 1996. On February 14th the FCC put the pulver.com petition out for public comment. The public has until March 14th to respond." This is an important issue -- read on below for some more information on the background and significance of the present petition. A copy of the original petition is posted here. [1.5 MB pdf file]

Back in March, 1996 the ACTA Petition was filed which in effect asked for the internet telephony software companies selling to consumers to be treated to the same regulations as phone companies. While the FCC never ruled on ACTA, the petition started to raise questions about the future regulation of Internet Telephony in the United States and around the world. Some countries were quick to ban internet telephony based on the out of control hype that existed back in the Spring of 1996 while many other countries took a "wait and see" approach.

The pulver.com Petition is in many ways the exact opposite of the ACTA petition insomuch what I was asking for is that end-to-end Internet Telephony over Broadband remain unregulated. After seven years of waiting, now that VoIP technologies have gone mainstream and now that consumers are once again using these technologies and now that these technologies work quite well, I wanted to remove the cloud of regulatory uncertainty when it came to VoIP and broadband Internet Telephony. My hope is that "we" as a community can encourage the FCC for fast action on the FWD petition as a way for the FCC to help encourage investment. Once the regulatory uncertainty is removed, I strongly believe investors will once again look at the VoIP industry as the hot space to invest in and encourage innovation in.

Please take advantage of the pulver.com Petition and share your comments with the FCC. Click here for details on how to reply to the petition.Please reply by March 14th."

17 of 127 comments (clear)

  1. But isn't it a telecommunications service? by jolyonr · · Score: 5, Insightful

    Surely the transport mechanism doesn't matter. If you're providing a method for person A to talk to person B why should any one service be deregulated when others are regulated? I think that individuals using this over their broadband links is one thing, but for-profit companies wishing to invest into this industry don't have a strong case for avoiding regulation of some kind.

    --


    Please read my Canon EOS tech blog at http://www.everyothershot.com
    1. Re:But isn't it a telecommunications service? by LordNimon · · Score: 5, Insightful

      What difference does it make if the communication between two points on the internet is voice data? How is that different from any other kind of data? What if I record my voice into an MP3, and email that file to my mom? Should that be regulated too? What if I write a program that emails MP3s between two people back-and-forth? It would be half-duplex voice communications, but I could hold a conversation with someone that way. Where do you draw the line?

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    2. Re:But isn't it a telecommunications service? by Duds · · Score: 4, Insightful

      But what about non-vocal ones like IRC?

      Or sending an email with a Wav?

      Or for that matter is VoIP covering MSN/ICQ/AOL/YAHOO IMs?

    3. Re:But isn't it a telecommunications service? by DavidinAla · · Score: 4, Insightful

      The better question is why should ANY of them be regulated? The rationale for regulating them in the old days was that it was a monopoloy service. If pretty much anybody can compete -- using the Internet as the infrustructure -- why SHOULD there be any regulation of the service?

      The existing phone companies like regulation because it shields them from further competition. There's no reason for them to be protected by the competition brought by new technology (which is going to lower the price of communication for consumers).

      David

  2. Hrm by Spazntwich · · Score: 3, Informative

    This issue has some interesting implications. On one hand, I want to say VoIP shouldn't be regulated, as the FCC really should have no say in the internet, but were that to happen, telemarketers might find some interesting and obscure loophole allowing them to call us relentlessly, all because they'd be using VoIP phones routed through some system allowing them to contact non-VoIP phones (ala the past internet-phone company startups).

  3. Should the Net be regulated by Herby+Werby · · Score: 4, Interesting

    is the essence of this matter, imo. In the sense that the Net is a necessary part of any nation's infrastructure I think that the provision of Net services should be regulated and in the absence of competetive provision should be provided by government. The downside is that once the government gets its fingers in it's hard to keep them out. What we really need here is regulatory support without any regulatory repression. Rock and a hard place anyone?

  4. Is this necessary? by molrak · · Score: 3, Insightful
    "Once the regulatory uncertainty is removed, I strongly believe investors will once again look at the VoIP industry as the hot space to invest in and encourage innovation in."


    Is there any reason to believe the VoIP will flourish with regulation, let alone reason to believe that it will flourish without it? The telephone industry is an institution in the US. (Try living for a month without phone access). It seems to me that for VoIP to work en masse, it will have to be somewhat backward compatible with the current system.

    In short, I can see how VoIP would be cool if it worked completely free of the current phone networks, but I don't see it as practicle. In regards to this issue, I can see why it could argue that it should be regulation free, but on the other hand, I just don't foresee a market large enough to justify regulation for it. If I'm missing something, please feel free to enlighten me.
    --
    You're only as smart as your brain.
  5. Not relying on the system by argoff · · Score: 4, Insightful

    When it comes to anything other than basic crime or perhaps national defense, I just don't trust the govt anymore to secure my rights. I honestly trust technological solutions alot more than political ones. e.g. Implementing technology that makes it impossible for them to regulate voice calls without shutting down the internet. This is the way the future simply has to go, and I think our efforts and money would simply be better spent there.

  6. This is important because. . . by kfg · · Score: 5, Funny

    if we don't get this ruling then VoIP may well be blocked by the government. Voice bits, being inately fatter than data bits, can be,literally, screened out by the simple installation of a physical filter in the cable.

    KFG

  7. Implications for Open Source by AirLace · · Score: 4, Insightful

    If broadband Internet Telephony which doesn't touch the public switched telephone network (PSTN) is ruled as "Telecommunications", it could be very problematic for Linux distributions like RedHat, which ship software like GnomeMeeting, especially as they can be used to provide a cryptographic telecommunications system in conjunction with ssh tunneling or CIPE. Until distributors exclude such software from their distributions, software like RedHat 8.0 and Debian GNU/Linux 3.0 would be illegal in the United States.

  8. Essential to the Internet by Azureflare · · Score: 4, Insightful
    Disclaimer: I am not an expert on these things, so this is my perspective/opinion

    I feel that if VoIP is regulated, this brings into play a very interesting question. Is the internet, which can be used for almost anything besides transferring actual physical objects (wouldn't that be cool!), something that can be split into different segments? To target one function of the internet, VoIP, is to invite regulation of other services. Take streaming video for example. Should that be regulated like TV? The same goes for internet radio. Where is the line drawn? This is what needs to be established. The internet is so much more complex than simple telephony, that it is impossible to only regulate one aspect of it, without taking into account the other aspects. The internet is not like airwaves; it is not like telephone lines. Why does regulation exist? Does it exist to give profit to a little clique of individuals? Or does it exist to bring order to a limited resource? The internet is by design, a non-limited resource. Theoretically, it could hold a very large volume of traffic, and deal with it fine. There is no reason, to regulate something which does not need regulating. People want it. Companies have to step up, and give them what they want. The government has no role in this aspect. If it puts the telephone companies out of business, so be it! Just like the RIAA, and the railroad companies, they will cling to their vestiges of power and control as long as they can, and this only halts technological advance and innovation. We must be on the cutting edge, or we will be left biting the dust by other countries.

  9. No connection by Forgotten · · Score: 3, Insightful

    But do you really want VoIP telephony to remain unconnected to the POTS network? The existing telephone network is a tremendously useful infrastructure. People who dream about global networks seem to often miss the fact that we already have one. And I'm sorry, but a significant part of that tremendous public good comes from the fact that it's been regulated - particularly when you consider countries outside North America, and particularly poor ones.

    Trying to keep Internet telephony away from POTS is like throwing the baby out with the bathwater. Imagine if you were asking for cell phones or marine radio phones or satphones to remain unconnected from landlines. Is there then any real point in having them? Without regulation you end up with little fiefdoms, islands of communication. "Well I met my spouse because we both had Nokias, ya see". I actually think we've only barely avoided this in the cellphone standards wars to date.

    I want communication to be ubiquitous, and I want less separation of modes, not more. The history of telephony deregulation in the US and Canada is not an inspiring one. Part of the reason Internet communication has so far eluded these calls is that it's been so damn useless no one really cared. As it becomes something that affects people's lives, you're damn right democratic representation will get involved. You see the same force at work in the increasing calls for spam legislation. What is that but email regulation?

    1. Re:No connection by kien · · Score: 3, Interesting
      Forgotten, I wonder if you work for a telecom company...because I do. And I totally understand every word of your post because my job's at stake too. I just wanted to state that first.

      The existing telephone network is a tremendously useful infrastructure. People who dream about global networks seem to often miss the fact that we already have one.

      That is extremely insightful; it's something that we should keep in mind.

      And I'm sorry, but a significant part of that tremendous public good comes from the fact that it's been regulated - particularly when you consider countries outside North America, and particularly poor ones.

      I can neither refute nor support this statement (I'm not that familiar with international telecom deployment), but it does make me wonder if perhaps you're confusing the government-regulated monopoly over telecommunications until 1984 with regulation in general when it comes to how we deployed this existing network? If I'm wrong, sorry but even if I'm right it raises the following question: would we have been able to run a copper line to every house in the United States (sorry folks, no snobbery, I can only talk about what I know) without a government-supported/regulated mandate?

      If you want to REALLY dig into this can of worms, let's assume that AT&T WAS necessary for copper-to-the-home and while we're in hypothetical mode, let's say that AT&T hadn't been barred from data communications by governmental regulations. Would the internet have taken off like it did (empirical question...but keep in mind that we used dialup for a LOONG time before broadband hit the scene)?

      That's just some background to hold in your /swap. Now VOIP hits this scene at a time when the holders of the last-mile are at fierce odds with the holders of the backbone, and none of them can seem to get along when it comes to wireless (again, I'm talking US here).

      I percieve a danger in your raising this question right now, jeff. I think you might be raising code and content layer questions while the underlying physical layer is still highly volatile. I agree that VOIP should be unregulated, but I fear that you're putting the cart before the horse in the USA.

      The state of the telecom industry in the USA is simply the culmination of a comedy of errors. I see VOIP becoming viable in Europe before it takes hold in the US...much like wireless service.

      I applaud your efforts, Jeff...I just hope that you're not too far ahead of your time when it comes to the US and the FCC. :)

      --K.
      --
      Sig: Bad people happen. Try to avoid being one of them.
  10. Privacy by kahei · · Score: 3, Insightful


    If voice over IP is regulated like analog phone, it should also have similar privacy provisions to analog phone. And if those provisions were to spread to other IP traffic (on which your right to keep secrets and not be spammed is minimal), that would be a very good thing indeed.

    Of course, it might not pan out that way; I wouldn't be surprised if in fact the protection of phone calls wound up being eroded to the point emails are at now (i.e. anyone with a security interest can read you, anyone with a commercial interest can spam you).

    One day the current regulatory glitch will end, and when this happens I'd much rather have everything be run like phone calls are run now than like emails are run now.

    --
    Whence? Hence. Whither? Thither.
  11. Plans are under way to allow the poor. . . by kfg · · Score: 3, Funny

    to simply purchase wealth, thus eliminating all economic inequities in the Brave New World of the future.

    KFG

  12. VOIP -is- a telephone system, just a sucky one. by Anonymous Coward · · Score: 4, Interesting

    I agree with the original poster.

    Clearly, regular telephone service must be of very high quality. Regulation seems to be a reasonable way to guarentee the highest quality phone service and to manage the local telco monopolies from spinning out of control.

    And that's why VOIP, when connected to the NA phone network and when allocated traditional phone numbers should be regulated the same way. Simply put, I have an expectation of service. In an emergency, my phone HAS to work. Post-failure lawsuits are not a satisfactory regulatory option.

    On the other hand, a personal telephone system, aka "Intercom System", need not be regulated, regardless of the number of people on that system. Just as long as there is a clear understanding that these disconnected systems are not held to the same standards as a real telephone.

    In other words, if I dial 911 on a telephone, I expect response. If I dial 911 on some unregulated telephone system, I should KNOW that it isn't a real telephone system.

    I have a VOIP phone at work. It sucks. Poor quality, poor stability.

  13. I have VoIP. I don't have regular phone service. by bzipitidoo · · Score: 3, Interesting
    Someone said the telcos were efficient. They are not. I moved to CA recently and tried to get POTS (plain old telephone service). Had a phone book handed to me, but that was the end of the easiness. I couldn't find an address for them in their own phone book. On SBC's website, I went thru a 5 page form. Near the end, there were 4 numbers to choose from and a warning I might not get any of those. So I didn't write my choice down. The web site also informed me that the earliest I could be hooked up was 6 DAYS. When done, there was no feedback that they got my order.

    10 days later, no phone service, so I borrowed a phone to call them. Took about 15 minutes to get thru the menu maze and the hold time. They wanted my phone number to look me up. I was told I should've remembered the number from the web site. (Why didn't the web site say so?) I growled at them until they tried to look me up by address. Couldn't find anything. Very unhappy about the prospect of another 6 day wait, I suggested I could just sign up again. They said I shouldn't because if I was in their system, why, I'd get billed twice. Ok, I know the quality of help from support lines and such can be abysmal. Perhaps if I'd called back I would've got someone more competent.

    Back to square one. You can get a cell phone the day you walk into a store, but I don't want one. Instead, I tried to hunt down the telco's competition. There were a few other local phone providers but none of them did residences. Finally hit on VoIP. (I'd gotten cable modem set up in a mere 2 days.) Took less than 10 minutes to sign up and start using it. But, I never successfully received a call, so I cancelled that part of the service. Would be nice if friends and family could call, but I can live with the arrangement I've got and hope reception of calls is put in working order soon.

    It can be fun messing with officious people who want your phone number. So far, I haven't been refused any service.

    Officious person, pointing to line on a form: "You forgot to fill in your phone number"
    Me: "No, I didn't forget"
    Officious person: "We have to have a phone number."
    (At this point I could say "no you don't" or "why?" if I feel like playing some more, but I usually skip it because who wants to hang around in a dreary bureaucratic setting all day?)
    Me: "I don't have one"
    Officious person: "uh, well can you give us some other number like your work number?"
    Me: "Ok, 555-5555"
    Officious person: "um, no, we can't use that number. Is there some number we can reach you just in case there's some problem?"
    Yeah, right! Liars. They just want to harass me with telemarketing. About then I turn to the exit and this finally convinces the form police that they don't need a number after all.

    I suppose I could've saved time by putting down, oh, Gray Davis's phone number, which I doubt they'd recognize. It's amusing watching the expressions on their faces. First is a weary pained look because I'm "one of those". I'm making their life more difficult by refusing to give out the number I must surely have, because everyone has a phone, right? Then amazement that I actually might not have a number, just like I told them. Then it's a mix of contempt and pity because they're thinking I might be a dirt poor deadbeat who doesn't pay phone bills (maybe I'm homeless!), and finally bafflement because I don't look the part.

    --
    Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"