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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?"

5 of 243 comments (clear)

  1. What I hate by Anonymous Coward · · Score: 5, Interesting

    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.

    1. Re:What I hate by Twanfox · · Score: 5, Interesting

      Here is an excellent question, and a notion of my own taxation philosophy.

      Taxation should be necessary, relevent, and funds garnered from it reused in related affairs. Take, for instance, gasoline tax. This is (should) used to build and maintain roads, an act directly related to the consumption of gasoline. It even makes sense. The more gasoline you buy, the more you are driving, and the more wear you put on the road. Similarly, the more you wear the road down, so too should you aid more in repairing same.

      Now, the question about taxing phone service and VoIP. Is this a necessary taxation? Is there some reason why it may be necessary for the government to seek money out of this business? Under what general principle is this money to be used? Are they attempting to compare sales tax (property acquisition) to service sales, something that does not seem to be taxed? (ie: IIRC, my cable internet bill is not taxed, and I don't recall any other cases where 'service' with no product is taxed) Seems to be to be a rather vague and specious reason to tax VoIP "just because" phone service was taxed. VoIP is a completely different breed of service, and by itself does not even require a service provider to function (direct IP to IP calls).

      Screw the government if it thinks it needs to tax things just out of principle. This is how taxes should be driven, out of a need by the government to fund a related community-at-large project. I honestly don't see phone taxes as doing anything of the sort. If they can't come up with a good reason why VoIP needs to be taxed, and what that money is going to be used for, then they do not need to tax it.

    2. Re:What I hate by ratamacue · · Score: 3, Interesting
      The rationale for decentralized government is simple. The more power government has at its disposal, the higher the level of abuse, and the bigger the problems government will cause. Government can only cause so much trouble with limited power and revenue. For example, the US federal government caused relatively few problems around the world before the federal income tax (which, incidentally, was supposed to be temporary). Today, the US federal government has troops stationed in over 150 countries around the world, and has been at war with some country, somewhere in the world, for every single year over the past century. Why? Because they can. Power will be abused, and absolute power will be abused absolutely.

      Naturally, a centralized government has many times more potential for abuse than decentralized government. That's not to say that local and state governments can't be abused, just that there is an upper limit on abuse.

  2. Fair taxation? by bstarrfield · · Score: 5, Interesting

    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.

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  3. IP networks SHOULD be taxed - JUST ONCE by stagmeister · · Score: 4, Interesting

    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

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