FCC REGULATORY REPORT
Gerard L. Lederer
NATOA Annual Conference
September 23, 2005
Thomas Navin Donna C. Gregg
Wireline Bureau Media Bureau
• IP Enabled Services Docket
• VOIP E911
• DSL as info service
• CALEA applies to info services
• Local Government Position
IP Enabled Services
• Sought to classify IP enabled services
– information service
– cable service
– telecommunications service
• Sought to establish jurisdictional issues
– intrastate or
– a combination thereof
The NPRM was released before the Vonage order so the
jurisdiction question seems moot.
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
• Working off of press releases.
• Report and Order adopted August 5, 2005
– 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
– Eliminated transmission component sharing requirement
effective one year after effective date of order
• 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
• 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.
FCC Requires Interconnected Facility Based Broadband and
VoIP Providers to Accommodate Wiretaps
• August 5, 2005 -- Responding to a petition from the DOJ, FBI
• 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.
• SBC Forbearance Petition -- WC Docket No.
• BellSouth Forbearance Petition -- WC
Docket No. 04-405
• Qwest Forbearance Petition -- WC Docket
• Verizon Forbearance Petition -- WC Docket
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,
– 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.
• The Commission must not take any action that
threatens the effectiveness of:
– universal service,
– 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
Miller & Van Eaton: We Assist Local Governments In Achieving
The Full Benefits Of The Communications Age For Their Communities
Gerard L. Lederer
Miller & Van Eaton, P.L.L.C.
1155 Connecticut Avenue, N.W.
Washington, D.C. 20036-4301