[asterisk-biz] FCC: Telcos Must Interconnect VoIP

[Trixter aka Bret McDanel]

On 3/3/07, Paul <ast2005 at 9ux.com> wrote:
>
>
> Do you think states rights issues could become a significant issue?
>
> Do states already have any clearly defined rights in regard to the
> number space within their area codes? Can they prevent a CLEC from
> selling DID's to efax, vonage, and others who have no presence in the
> state?


I am unsure of the rulings, but under the constitution itself, there is the
"interstate and foreign commerce" clause, this allows the federal government
to regulate anything that is involved in interstate or foreign commerce.
Now while this goes a bit off of any voip related business discussion, but
bears on the conversation as a whole, this is the single most abused
clause.  Drug statues say that since congress cant tell the difference
between drugs that are and drugs that are not involved in interstate or
foreign commerce, all of them are.  Firearms have a similar provision where
the steel comes from PA and goes to CT for colt firearms so its federal for
life.  No other products are treated this way, so they are special but they
set a way of thinking that allows the government to make silly rulings.

The dialup access charge situation in the late 90s determined that a phone
call does not terminate at the modem bank instead it terminates at the
webpage, which is often in a different state so the feds said they have
total power to regulate.  VoIP calls now are deemed to always be interstate
or international because some calls cross (re the USF contributions and the
general decisions that allow the FCC to regulate you even if you do local
only calls).

PUCs are losing power, the FCC is grabbing power, and while I dont know the
specific answer offhand, I would imagine that if a PUC tried to restrict
numbers to only entities in that geographic area it would result in a
lawsuit and the FCC would step in and who knows what will happen then.






-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
Belfast +44 28 9099 6461        US +1 516 687 5200
http://www.trxtel.com the VoIP provider that pays you!
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