[asterisk-biz] USA Legal and regulatory issues

[Trixter aka Bret McDanel]

On Mon, 2008-03-17 at 16:45 -0400, Adam Moffett wrote:
> Hi.  We've been offering VoIP service with our internet service and as I 
> understand that's ok because the FCC classified VoIP as an internet 
> service and so you didn't have to go through any regulatory procedure.  
> Correct me if I'm wrong on that please.
> 

Yes no, they basically did a power grab and while its not 100% yet they
are trying to get it so that only they can regulate it.  

They have since passed a few policies which applies to all
"interconnected voip providers" which is defined somewhere in the CFR
(if you do bi-directional telephone via voip to end users you probably
qualify)

1. You must provide 911 service
2. You must have support for CALEA (wiretap) stuff
3. You must contribute to USF (I think that your contribution has to
exceed $10k annually or you are exempt, but not 100%)

#3 requires a 499 form, which will of course get you a 499 number.  I am
also not 100% but I think you can just do the 499A (annual) and not
bother with the 499Q (quarterly).

So there are still some regulatory things that you have to do, but its
all mandated by the FCC, which is what they want.


> But where does the line get drawn? 
> 

Generally it gets drawn if you are a customer or a peer.  States have
their own BPU/PUC which regulates traditional telephone companies.  If
you want to be a CLEC then you would have to go through the BPU/PUC (and
the feds a bit, you have to do 499 filings, and a few other things).  If
you want to switch across LATAs then you would apply for IXC status
generally.


> I can lease T1's pretty cheaply, so if I lease a T1 to someone's 
> premises, plug their end into their PBX, and plug my end into my 
> asterisk box, am I now breaking the law? 
> 
Technically no, the circuit would be a fixed non-switched line.  I dont
think the states care that much since you are effectively a customer of
all the other phone companies.

This of course depends on the specific state in question, since they would 
be regulating that.  I am sure somewhere there is a state that would have 
issues with that, if for no other reason than they could tax you differently.



-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
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