FCC Rules States Can't Regulate VoIP
NardofDoom writes "Ars Technica is reporting that the FCC has 'placed a regulatory shield around VoIP,' declaring it immune to state regulation, even if calls terminate on publicly switched networks (POTS). A previous ruling declared that Internet-Internet calls (i.e. Skype) can't be regulated, but the ruling opens the door for Verizon, AT&T and other local carriers to offer VoIP to customers without paying state taxes. One step closer to free phone calls, or one step closer to state regulation or taxation of IP networks?"
If you don't pay for your phone call then you _MUST_ be an anti-capitalist American-hating commie terrorist!
We wouldn't want the freedom of speech to be compromised.
FCC News Release (PDF, 110K)
Michael Powell's Statements (PDF, 75.6K)
ET Phone Home: 127.0.0.1 (just in case you forgot the number) and if you prefer :::1 if you are on IP6 there et buddy...
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Whilst this will allow VoIP to continue its growth, etc., it also establishes precedent for federal control of the networks. Although it is true that some industries that are now relatively free began as heavily regulated monopolies, this strikes me as a step in the wrong direction.
I hate it that government departments like the FCC can decide whether or not to raise my taxes simply by fiat rather than having the tax go to a vote either in Congress or in a referendum. They are answerable to no one (save their big media financiers), and do not represent us, the drooling public.
Frankly, the FCC should have no say one way or the other whether the states can tax anything. It is none of their business. Their mandate is far too wide in the first place and it should be pared back, in my opinion.
In this situation they seem to have ruled in our favor, but so too did Mussolini get the trains to run on time. Assad was able to build up Lebanon. Even the despised Hitler was able to bring Germany out of the dust of WWI and build it into a strong industrial machine. Just because your government sometimes does the right thing does not mean that it needs to have as much power as we give it. The power of government should reside at the lowest levels, i.e. the community and city levels. It should be taken away from the highest levels lest they decide to misuse it, e.g. DMCA, Patriot Act.
I'm all for this. It'll be meaningful competition finally. Though regulations exist for the leasing of infrastructure to smaller companies at reasonable rates, those are still abused. Once voice is just packets, it's a totally level playing field.
My blog. Good stuff (when I remember to update it). Read it.
Working for a small VOIP company (unpaid), I look forward to the lack of opportunity the government has in preventing us from doing business.
Zhrodague.net - I do projects and stuff too.
I thought the case of US vs J. Davis, R.E. Lee, et al, 1865 settled this question. Quite starkly. Jack
"It may just be that there is something fundamentally unworkable about government itself" -H. Beam Piper
Will federal taxes be levied instead of state taxes?
that my monthly phone bill's "Federal Excise Tax" doesn't start going up a few more $$/month?
afterall, someone has to pay for fcc chairman powell's first class flights to new orleans and las vegas
vodka, straight up, thank you!
I know that this will be unpopular with the ./ crowd, but this strikes me as a pretty unfair subsidy of the technologically savvy at the expense of the less technologically competent.
VOIP requires that you have a high speed line - either DSL or cable - an expense that many people can't afford. Additionally, many people live in locations that do not have access to high speed internet. If you can't afford, or can't receive high speed access, you're left with conventional phone or cellular phones - both of which can be regulated and taxed by the states.
Though I understand the FCC's motivation to promote development of the VOIP industry, why should those with high speed access find a loophole out of local telephony costs? The administration is all in favor of reduced taxation, but this ruling actually works out be a non-legislative regressive tax.
IMO, We need to try to equalize the costs and benefits of new technologies, and not allow technologies to be used to escape financial responsibilities.
/* Dang, I can't type that well. */
i think this is wonderful news. it looks to me like uncle sam finally sees that VOIP needs to be left alone in order for it to prospoer. look at how POTS was regulated to death and you see how important it is to keep VOIP free and clear.
Keep the faith, share the code
I'd rather have state regulation than fed.
If you disagree with a state's law(s) you can always move to another;
with fed's your just fucked.
So... IMO this is bad.
Are there any similar taxes in Europe or Canada? What about Australia? Will VoIP still evolve even if it's regulated in the United States?
The FCC using its powers for good?
How on earth could this happen?
"or one step closer to state regulation or taxation of IP networks?"
Well, call me a moron, but isn't it one step away from state regulation of IP networks?
Or is the question whether or not the states will go "one layer down the stack" and try again? And if that's what you're saying, then how do you anticipate they'll do it? A wire, a fiber, or the air can carry any kind of data signals across it. I'm not saying that there won't be regulation regarding IP networks... the first time a woman can't call the police and is raped because the cable is out may cause things to be regulated, but I don't see how the FCC's decision really impacts that.
500GB of disk, 5TB of transfer, $5.95/mo
that means they can kiss my ()*() asterisk
(sorry Mark, no pun intended!)
There's no regulation/taxation on moving data packets over the internet so why should they unfairly penalize people who wish to send voice traffic? Is the government going to sniff all packets and tax you on the ones that contain VOIP bits?
If companies and individuals can lower costs by moving voice bits to IP networks, then more power to them. The companies with huge inefficient networks of POTS lines can either morph with the market or go out of business. Why should VOIP customers subsidize inefficient players in the telecom industry and or the government's slush fund?
Rather than having to go through the hoops and hurdles of making sure that I comply with the rules and regulations of every state that I do business in, terminate traffic in, or originate traffic from.
I'm sure the greedy, bloodsucking suits in the state legislatures will figure out a way around it, though.
I would like to see the phone lines to my house go away in favor of fiber and VOIP. However I would not particularly mind if my current telephone related taxes got shifted over to cover that new service instead. As long as they remained about the same cost and covered particular emergency service guarantees then that would be reasonable.
Michael
Voip calls aren't free, someone has to pay for the networks thats running the IP traffic. Then there's a cost for your internet connection.
Have you ever been to a turkish prison?
Not that I would buy into that, but I don't think people as a whole are bright enough to not blame VoIP in such a situation.
I predict the legislation will be called the "Let's keep our kids alive" law...
Howard Stern Show via VOIP. Careful what you ask for Powell.
If you think
Ideally, we shouldn't be paying per-month fees for our access to IP networks. (Let's not even call it the "internet" anymore, please. It's just a network for sending and receiving IP packets) We should be paying for bandwith. Just like we have an electric bill where we pay per kilowatt, and a water bill where we pay per gallon, we should pay per megabit sent and received over the IP networks. That way all this traffic - is already taxed. We could have one tax on IP traffic fees, and after that it's fair game to do whatever you want with that IP traffic. So VOIP calls wouldn't be "free", they would cost a certain amount depending on the bitrate you send and receive at. And they would be taxed based on how much bandwith you use for it.
Jason
http://www.virtualvillagesquare.com/ Online Communities: The Next Generation
One step closer to free phone calls, or one step closer to state regulation or taxation of IP networks?
All I know is that I used to pay $65 a month for SBC service with unlimited long distance, caller ID, and voicemail. After I switched to Vonage (same deal for $24.99/mo), SBC started calling me three times a day to get me to switch back for $24.99.
I won't switch back, even though VoIP is a little annoying (doesn't work when the power is out, have to occasionally restart the cable modem, etc). Thank goodness that a cheaper alternative came along to break the back of the local phone monopoly.
"If you think you have things under control, you're not going fast enough." --Mario Andretti
Well as much as we all would love this, I think from a financial stand point businesses will fair better. If you've ever compared the cost of a POTS line for a business as opposed to a home user you will notice the large price difference. At my company we pay for a T-1 which is split between voice and data, with VOIP we can pay only for the data (cheaper) then go with a VOIP career and save houndreds in LD charges a month. To be honest on the home realm I see Cell phones driving down the cost of POTS lines to where theywill be much less regulated (hopefully).
I'm happy that the VOIP industry will be allowed to grow without unfair taxation. The RBOCs have it coming. I finally cancelled my last remaining POTS line. It had been serving as an inbound fax line for my small business and I was too lazy to call everyone and tell them to use my new VOIP number. But a few days ago I decided to actually look at my Verizon bill. For a line that made ZERO oubound calls, I was being charged about $35/month. I was being charged $12 just for federal and state taxes, $11 for some sort of unlimited local calling plan and $12 for the privilege of having a POTS line.
So I figured I'd call Verizon and cancel the calling plan and any other "frills" since this was an incoming line only. I was kept on hold for nearly 30 minutes only to be told that I'd be charged $42 to change my account to remove any services. That was the final straw. I told them to disconnect the line immediately. My cable provider offers VOIP service with unlimited local and long distance calls in the US & Canada for $34.95 and broadband internet service for $29.95, undercutting Verizon by far for both voice and data traffic.
Maybe when Verizon's customer base collectively tells them to take a hike, they'll re-examine their monopolist pricing strategy.
This comment isn't funny, it's damn insightful. There really isn't any legitimate reason why all phone calls should be free.
I have seen the future, and its name is Voip!
A Multiplayer Strategy Game for Mac OS X, Windows, and Linux
I believe when the they say "closer to state regulation" they mean by the state of government, not by each individual state.
This election, I got a ton of automated recorded campaigning calls that my telco's caller ID identified as VOIP calls. So I just turned my answering machine's volume way down and let it deal with them all.
Problem is, my (tragically few) long distance friends who use VOIP also had to wonder why I had stopped picking up the phone.
I don't particularly trust any regulator (state, federal or telcos themselves) but it sure would be nice if the Caller ID info that gets passed on here could be more specific. I don't care HOW someone calls me, but I do like to know WHO is calling...
...
oh em gee exclamation exclamation ell oh ell exclamation exclamation you are the sucks
And in your system how do we pay for things like law enforcement, military, science, etc. i.e. things that we don't directly use but expect our government to provide?
Surely if people could regulate VoIP as a service, then it is possible to regulate any network traffic? Unless there is an extremely standardised VoIP protocol this is impossible anyway, but apart from that it cannot be regulated because it is just internet traffic.
If my UK Skype connection to a friend in Australia happens to hop through networks in Virginia, is it liable for taxation? I should bloody well hope not.
How many people can read hex if only you and dead people can read hex?
I was fine until I read that last line. "or one step closer to state regulation or taxation of IP networks?" Though it seems like an impossibility, what if? This is a small victory in our favor, but what happens when more services are linked across broadband? Only a few more will pass until the States start freaking out at the FCC who will pass in their favor with enough pressure. It worked for the conservative religious groups when it came down to words, and showing more than a third of an ass. It's only a matter of time, and now I'm back in the conspiracy/big brother mindset. Damnit.
You do that and you're going to kill people's incentive to use high-bandwidth applications, which will in-turn kill the incentive for network operators to build bigger and faster networks.
Taxing the Internet is like erecting tolls across the Interstate highway system. You're going to kill all the incentive the use it. If anything, the trend over the past 50 years has been to REMOVE tolls, not add new ones.
Income taxes and sales taxes are enough. Why do some people feel compelled to tax every new income stream?
One step closer to free phone calls, or one step closer to state regulation or taxation of IP networks?
It's hard to get politicians to decrease taxes on anything, and when you do, there are some parties who want to increase them again.
You KNOW that if people start switching over from something taxed to something untaxed that there will be a new tax soon on the untaxed thing.
People sometimes suggest we start providing VoIP service (and we are), but this is also a problem in certain areas. ILEC's can't really put this service in and charge less for it unless every customer can get it and the state PSC doesn't think its a waste of money (this is somewhat untrue, but the regulatory environment imposed on an ILEC is freakishly complicated). In our CLEC territory we are going to roll this out but can't offer it in our ILEC because we can't legally compete with ourselves. At this point we will have two different systems providing the same service. Not a problem until Farmer Joe calls the ILEC and demands to know why his friend 10 miles away gets his phone for 15 bucks less a month from (what appears to him) to be the same company. Suggesting he send his comments to the PSC to try and help change the situation just makes him more mad. People don't want to hear laywerish sounding crap about regulation. It really isn't our fault but thats why people hate the telephone company. I think 85% of the time there's some legal mumbo jumbo telling us we can't do something or making it prohibitivly expensive(I'll attribute the rest to human error and actual screw ups).
We like competition, it helps us serve our customers better and lets us know where we're messing up but only if everyone is on the same playing field. We like VoIP its going to save us quite a bit of money in the long haul. We don't like screwing half our customers because we legally can't implement VoIP for them.
In summery: Regulate VoIP for deregulat POTS.
So , is the FCC the evil pawn of the Republican party today or not?
"God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
I would think that you could connect a lot of those outlying rural areas using long range wireless ethernet. It'd just take a lot of pringles cans. So here's an idea... hire those "Will work for food" people, give 'em a can of pringles and when they're done they could soldier the antenna leads onto the can and hang it up for you. Everybody wins!
Then all I'd want would be a cellphone that would attempt to connect to a wireless access point first and would use voip if successful. If it fails it could fall back to the cellular network. Oh, but I'd want strong encryption on it.
I'm trying to teach myself to set people on fire with my mind... Is it hot in here?
What part of me having access to the Internet (sorry if that offends you - that's its name) gives the government the right or obligation to make me pay an extra percentage to them? I'm already paying taxes on the phone line that carries my DSL, so whose business is it what I pass over that circuit?
First, this would be a regulatory fiasco. Do I get credit for failed downloads? Is porn tax-deductable at the same rate as ISOs? Can I depreciate my webdav calendars, since their value decreases with time? If you're only talking about connections to the public Internet and not just intra-LAN traffic, then how do you tax caching proxy servers (did I just download one copy of SP2, or one for each of the 30 machines on our LAN)? Does sneakernet count? IP-over-avian?
Second, WHAT FREAKIN' BUSINESS IS IT OF THE GOVERNMENT if I decide to trade packets with a peer? If I set up a WLAN to play Half-Life with my neighbor, how the hell do you justify me paying extra to run it? Do I have to have a Federally approved meter on my AP to make sure I'm not under-reporting my bandwidth?
You want to pay extra money to the government without receiving anything whatsoever out of the deal? Fine - just mail them a $100 bill every time you start to feel guilty. But leave me and my network out of it, thank you very much.
I'm sorry, but that's a stupid idea all the way around. It should be taken out back and shot before it can reproduce.
Dewey, what part of this looks like authorities should be involved?
You need to study a little history.
Under the Articles of Confederation (what we had before the Constitution) the central (federal) government was too weak. It was anarchy, particularly in the realm of interstate commerce.
When the Constitution was drafted, it was decided that the central federal government should have dominion over interstate commerce in order to prevent the turf wars between the states.
So Congress (remember, Congress created the FCC and can un-create it or change anything the FCC does at its will) can either 1) allow states to regualte a field themselves and not have federal regs (example, most property insurance stuff) 2) can exclude all state regulation as incompatible with federal goals (called "occupying the field") or 3) set a "floor" of federal rules and allow states some leeway to add to them.
In this case, the FCC interprets the Communications Act (what Congress passed and has amended many times which created and gives direction to the FCC) as an intent by Congress to "occupy the field" of interstate communications with regard to the category of communications that VOIP is in.
Congress can, with a simple bill, reverse or modify this conclusion anytime it wants.
So states can't regulate VOIP. This is a good thing.
Lately, the only reason the fed prevents the states from regulating something is so that the fed can do it. IMO, the only reason the FCC drew a regulatory shield around VOIP was to keep the regulatory and taxation powers (Not to mention the ability to monitor)for the fed. With the deficit running around half a trillion USD and the current administration's penchant for expensive cannon-fire diplomacy you can bet that taxing VOIP and possibly Internet use is a certainty. I'd bet a compliant Congress will "Get 'er done" in the interest of Fighting Global Terrorism before the Summer Recess.
Simply taxing the same dollar multiple times. First when it arrives in your pocket. Second when you use the resource, Third when the purveyor of goods pays his taxes, Fourth when the government puts that dollar back in someones pocket ad finitum.
Ergo: We are all government employees. blah.
Such a simplistic view on such a depressing day. Catch me tomorrow for my manic version...
One of the great strengths of our Federal system is that citizens of one United State do not have to live under the same laws as citizens of another. Please mod it up.
How long until this is reversed?
If this ruling applies to the large Telcos as well, You can bet this will not stay long.
If I was an AT&T, or a Verizon, I'd begin immediate plans to migrate my telephone network from Circuit switched/Frame Relay/ATM to IP. Whats to stop them from running a private IP network, and saving regulatory fees?
(I'm currently RTFA, but I'm slow and impatient)
The FCC had ruled previously that "pure VoIP" was free from regulation because calls originated and terminated over the Internet, but regulation of VoIP calls that terminate on publicly switched networks had yet to be addressed. These calls and services will now be treated in the same way.
So does this just apply to the big corps or to everybody?
If I hook up my old-school phones in the house with VOIP TA's and terminate them at an Asterisk PBX, onto my POTS line (which I'm about to do anyway), do I get to forgo the state taxes on those lines?
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
The problem today is many things have become so easy to reproduce or to provide that they are essentially free, of course the companies involved don't like that and try to create artificial scarceness of resources in order to preserve old business models. Most electronic communications and digital media are perfect examples.
I find this to be funny since it is exactly this intentional lack of innovation that has landed every communist nation in the economic toilet.
Companies and individuals can still easily make money with commodities that are free or nearly so, it's all a question of coming up with a different business model to repackage it in a new way or to simply include it within another product and no longer use it as a primary product.
Of course we are talking about people here and true Capitalism is just as harsh as Natural Selection so you are going to see many in government and industry resist technological change for the disruption of lives, jobs, and income that it inevitably causes. They forget though it's not a zero sum game and in the end there will be more to go around for everyone.
Free is the ultimate expression of innovation and innovation in turn is central to what makes Capitalism so effective.
States can't tax the interstate aspects of POTs calls. The loophole, if a state does want to tax, is at the POTs interface. But hey, they alread tax this for in state calls. Do we want them taxing twice? Now I can see an argument for taxing intrastate VOIP calls becausethey are effectively the same thing from the callers perspective. I don't see how they might discriminate inter/intra though. I can also see an argument against taxing VOIP. States don't tax two way radio calls. Perhaps if the states really want the tax revenue, they might be able to force the sales and use tax aspect of the business. Wy do they want to tax? What service would a state VOIP tax pay for? The state PSC doesn't have any regulatory expenses assocoated with VOIP.
Now I'm the grandest Tiger in the Jungle!
Vonage is not available in my area. Who else provides VoIP to POTS service & puts for a decent product?
VoIP Base Rate Component $20.00
... there is nothing more to tax.
This does include unlimited US/CANADA calls terminated to a PTSN converted phone number [tax] where if I dial 911 [tax] it will show as my home address -- regardless of location (for which I signed off that I would not use 911 anywhere but home).
VoIP Fed Excise Tax $0.38
VoIP State Excise Tax $1.63
VoIP State USF $0.04
VoIP Fed USF $0.70
Seems to me they are already getting involved. As all calls are "free" along with all the other services (call forwarding, three-way, CID, Voice-Mail, etc)
FCC is bad
ZB
"Why? Because they can"
No, because we demand it.
Janet Jackson showed her nipple on TV.
We (the public) demanded the FCC "do something". So they did. When something happens that we think is "bad", we demand the government "do something. So they do.
Each little step makes sense at the time. But when you look at it in hindsight, you smack yourself in the forehead and say "damn...where did we go wrong?"
An interesting point that I can't help but think of...
This reminds me of when the government had a so-called plan to place regulation or taxation on email?
This gives me an overwhelming sense of the ability to go ahead and 'tax' such a service.
Imagine the amount of 'unregulated' businesses and personal consumers using this particular product. Would it be possible to regulate this effectively? Imagine the change in protocol for email taxation? This leads us to the realization of why SPAM has become such a problem. It's inherent in the design of email.
To tax something like VoIP is rediculously complicated, and I often wonder if the scope is beyond the capabilities of our government, more or less the world's government.
Also, in response to taxation on various different items depending on the strict uses of the funds accumulated as a result of such taxation (ie taxes on gasolines used for building/maintaining roads.): Everyone will agree that taxes are a bad thing, who wants to get money taken away that they've rightfully earned?
It's complicated, but lots of our taxes *are* put to good use (Don't get me wrong, a lot of money is spent on frivelous things, but its hard to control everything. We have to take the good with the bad.. It's the facts of life!) Many salaries are created with taxes, taxes fund research in healthcare and technology, defense, etc. etc. etc.
Can't we attribute (partially) the development of the internet (yeay slashdot,) to the government, or has everyone forgotton arpa?
------------
Sase
"It's the opposite of that."
I hope that Vonage and company are smart enough to take the hint and contribute heavily to the Republicans before they get regulated to hell and back.
In fact the release specifically states:
The Commission's order does not express an opinion about the applicability to Vonage of general laws in Minnesota governing taxation, fraud, commercial dealings, marketing, advertising and other business practices. But the Commission expects states to continue playing a vital role in protecting consumers from fraud, responding to complaints, and enforcing fair business practices.
So I'm not sure where people get the idea that the FCC preemption order affects state taxation, the news release about the order clearly states that it does not.
and free spell checkers good buddy.
Anyone seen my jagged little pill?
The FCC is simply taking state governments out of the mix because different states will create different rules, and NO ONE will be happy. And we all know that California will do everything possible to screw EVERYONE up worse than anywhere else, because California politics is as crazy as it gets.
I look at it as a brief moment of sanity, because I fully expect the states to do SOME THING to tax the crap out of everything. They certainly don't want you doing anything for free. That wouldn't be right. We also need to be regulated in everything we do, for we can do nothing ourselves without getting into trouble, or offending someone else, and for GOD'S SAKE, we wouldn't want to offend anyone.
I know. I offended someone by using GOD in a sentence. It's something my parents said 39 times a day when I was a little kid. It's a TOUGH habit to break.
-- No sig for you!
If the writter of this article did even a 15 second google search, they would find that AT&T, Verizon and Vonage are all already selling VoIP services. Secondly, this is not going to result in free phone service or anything close. You may se a very small reduction in your basic serve rate, but that's it. Most of the major carriers are trying to set the service up to work like cell service and charge you for minutes used, or overage minutes. Others make the rate per month high enouhg to make up for the lost long distance charges. Free, no. It will only end up lining the pockets of the executives in the companies as the profit margin increases for them. It certainly will not save you much money and will never end upp in the hands of the employess of the companies either, (with the exception of the executives).
Supreme Court justices are not doing this for the money. Salary for Chief Justice Rehnquist is $202,900 and the Associate Justices make $194,200. I'm not sure if you are familiar with how much lawyers make, but let's say that those are good salaries for a first-year associate at a top law firm. Any of those justices could work half as hard and pull in 7 figures in private practice. So your argument that they affirmed the constitutionality of the federal income tax for personal financial gain is on shaky ground.
Also, remember that SCOTUS predates the federal income tax. The Supreme Court was funded just fine before the federal income tax.
HTH. HAND.
"Avoid employing unlucky people - throw half of the pile of CVs in the bin without reading them." -- David Brent
Maybe you should get your ass up and take a part time job; there are many options for getting to work. Find someone to carpool with. Take the bus. Ride your bike. Walk. If those options don't work it's because you're not trying hard enough.
Why are you bitching about progressive taxes and how "tough" your life is, instead of, oh say, LOOKING FOR A JOB?!
on4.com or on-instant.com
Reports it works on Dialup connections, uses far less throughput then Skype, and you can touch tone through to automated attendents. Skype can't do that.
I'm frustrated by the fact that Skype won't allow me to touch tome 1 for sales, 2 for support, etc. Sorta defeats the purpose.
Although their interface to PSTN is slightly higher, this feature more then outweighs what I would save.
Pedantry, but just had to say:
:)
PSTN = Public Switch Telephony Networks
POTS = Plain Old Telephony System
So, your call might get routed to you over the PSTN and if you have a standard phone line then you use a POTS line to recieve it.
https://comerford.net
Thank God. Back when I had a landline phone, a full 35% of my bill was fees and taxes. I don't want the same to happen to VoIP. Good move, FCC.