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					FCC REGULATORY REPORT
     Gerard L. Lederer



    NATOA Annual Conference
        Washington, DC
       September 23, 2005
FCC
                  New Players




                   Thomas Navin      Donna C. Gregg
  Sam Feder
                        Chief            Chief
General Counsel
                   Wireline Bureau    Media Bureau
                     Issues
•   IP Enabled Services Docket
•   VOIP E911
•   DSL as info service
•   CALEA applies to info services
•   Forbearance
•   Local Government Position
             IP Enabled Services
• Sought to classify IP enabled services
   – information service
   – cable service
   – telecommunications service
• Sought to establish jurisdictional issues
   – interstate
   – intrastate or
   – a combination thereof

The NPRM was released before the Vonage order so the
  jurisdiction question seems moot.
                     VOIP E911
Interconnected VoIP providers must:
• Inform their customers, both new and existing, of the
  E911 capabilities and limitations of their service.
• Deliver all 911 calls to the local emergency operator.
• Provide emergency operators with the call back
  number and location information of their customers
  (i.e., E911) where the emergency operator is capable
  of receiving it.
   – VoIP provider must provide the customer a means of
     updating this information, whether he or she is at home or
     away from home.
• ILECs are required to provide access to their E911
  networks.
                     DSL Order
• Working off of press releases.
• Report and Order adopted August 5, 2005
• Goal:
   – Place “digital subscriber line (DSL) technology, on an
     equal regulatory footing with cable modem service…”
• Specifically, the Commission determined
   – DSL broadband is an information service integrated with a
     telecommunications component
   – Eliminated transmission component sharing requirement
     effective one year after effective date of order
               DSL (continued)
• Facilities-based providers must contribute to existing
  universal service mechanisms based on their current
  levels of reported revenues for the DSL transmission
  for a 270-day period after the effective date of the
  Order.
• DSL providers have the flexibility to offer the
  transmission component as:
   – a common-carrier basis,
   – a non-common carrier basis,
   – or some combination of both.
• In an NPRM, the Commission seeks comment on
  whether it should develop a framework for consumer
  protection in the broadband age.
                         CALEA
FCC Requires Interconnected Facility Based Broadband and
  VoIP Providers to Accommodate Wiretaps
• August 5, 2005 -- Responding to a petition from the DOJ, FBI
  and DEA.
• If service provider is an interconnected facility based provider
  offering a service that essentially replaces conventional
  telecommunications services currently subject to wiretap rules,
  then new services are covered by the Communications
  Assistance for Law Enforcement Act, or CALEA.
• CALEA requires the Commission to preserve the ability of
  law enforcement agencies to conduct court-ordered wiretaps in
  the face of technological change.
        Forbearance Petitions
• SBC Forbearance Petition -- WC Docket No.
  04-29]
• BellSouth Forbearance Petition -- WC
  Docket No. 04-405
• Qwest Forbearance Petition -- WC Docket
  No. 04-416
• Verizon Forbearance Petition -- WC Docket
  No. 04-440
  FCC Adopts Policy Statement
• Consumers are entitled to:
  – Access the lawful Internet content of their choice;
  – Run applications and services of their choice,
    subject to the needs of law enforcement;
  – Connect their choice of legal devices that do not
    harm the network; and
  – Competition among network providers, application
    and service providers, and content providers.
            Local Gov’t Bullets
• We are enthusiastic about the benefits IP may offer
  local government and its constituents.
• The federal government must respect and preserve the
  police powers of state and local governments,
  including:
   – right-of-way management,
   – zoning, and
   – customer service.
• Facilities owners that do not face meaningful
  competition should be regulated accordingly.
• Commission action should not have the effect of
  undermining local taxing authority.
                    Bullets (cont.)
•       The Commission must not take any action that
        threatens the effectiveness of:
    –     universal service,
    –     CALEA,
    –     911 services,
    –     access to persons with disabilities,
    –     or consumer protections.
•       Users of the public rights-of-way should pay fair
        prices for the use of public property.
•       PEG access promotes open government, free
        speech, and public participation in community
        affairs.
  Miller & Van Eaton: We Assist Local Governments In Achieving
The Full Benefits Of The Communications Age For Their Communities


                                 Gerard L. Lederer
                                 glederer@millervaneaton.com
                                 Miller & Van Eaton, P.L.L.C.
                                 1155 Connecticut Avenue, N.W.
                                 Suite 1000
                                 Washington, D.C. 20036-4301
                                 Phone: 202.785.0600
                                 Fax: 202.785-1234
                                 www.millervaneaton.com