[asterisk-biz] 911 required for termination/origination only?

Tue Feb 14 23:02:02 MST 2006

On Tue, 2006-02-14 at 22:32 -0600, Mojo Jojo wrote:
> Anyone know if the FCC requires origination/termination providers to offer 
> 911 if this is all they offer and do not include hardware with the service? 

That is unclear one of the 4 requirements to be a 'interconnected voip
provider' is that there is CPE.  If you require something that you
provide then its clear, however its not clear in my mind (perhaps
someone has a link to a comment by the FCC on this) if you dont require
any hardware you provide (or software)...  potentially a user installed
asterisk box counts as CPE, I dont know.

Now for the argument that could be used potentially.  All calls require
some device to be present at the customers site.  Thus to add a
requirement of CPE should imply that it is ITSP provided rather than
user supplied.

The reasoning for this in my mind is a case that the supreme court ruled
on (1879) that set a precedent that interpretation of statutes not
generate a superfluous meaning.  Superfluous (for those that done know)
means being beyond what is required or sufficient.  By saying that no
matter what a CPE is used and thus meets one of the 4 elements qualifies
since they made a special caveat for that.  The FCC rules should also be
interpeted the same as statutes and not some random rules of
interpretation.  

The canon of construction that instructs that "a legislature is presumed
to have used no superfluous words," Platt v. Union Pacific R. Co., 99
U.S. 48, 58 (1879)

But dont take my word for it, ask a lawyer.  I only went to law school I
dont practice law :)

Another requirement requires broadband internet, which isnt defined
either, but if you channel limit and use only low bandwidth codecs such
that it could be done over a modem you should be in a good place that
way as well, since you dont *require* broadband.  :)  

The 911 ruling sets up a one sided game, those who control the switch
access to the PSAPs are not forced to provide service or provide it at a
reasonable cost, but voip providers are required to go through those
companies.  As such its lopsided in terms of power.

-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
UK +44 870 340 4605   Germany +49 801 777 555 3402
US +1 360 207 0479 or +1 516 687 5200
FreeWorldDialup: 635378
http://www.sacaug.org/ Sacramento Asterisk Users Group
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