[Asterisk-biz] Re: RE: FCC new decision and 911

[Jason P. Talley]

I have not said much recently about the FCC and how recent events are
affecting VoIP providers.  The recent DSL decision did several things
that are both good and bad for VoIP providers.  First, it reinforced the
FCC's view that only the duopoly, ie cable and rboc, are going to be
successful in providing broadband to the masses.  I am skeptical of what
will happen when you deregulate what still amounts to the quasi
monopolistic companies in most areas.  I hope that they will not abuse
that position, although if past actions are any indication....

 

The FCC, also adopted a policy statement concerning net neutrality.
This is something that I and Nuvio have been championing for over the
last year on Capitol Hill and at the FCC.  While the "policy statement"
doesn't have any enforcement mechanism tied to it, as the chairman was
quick to point out, it does reflect the need to preserve the Internet as
it is right now, as an interconnected network that is agnostic towards
the applications run across it.  This is essential if you are giving a
larger and larger footprint to the cable and telcos for broadband.

 

The FCC also subjected VoIP to CALEA requirements.  There is a time
frame of 18 months to comply, and there are still many technical and
logistical issues that will need to be solved, but this was inevitable.
However, I personally find it a double standard that they did not
include the likes of FWD and Skype in the CALEA order.  Certainly if
they are sincere about homeland security they would include those
services along with IM.  Otherwise, those that wish to circumvent our
laws would merely use applications they know are not monitored.

 

On the issue of 911, I have been spending a fair amount of time in DC
dealing with various levels of the FCC from the commissioners' offices
to the various bureaus including the enforcement bureau.  They are
absolutely serious about enforcing the 911 requirements on providers and
are looking to take public action against those that do not comply.  If
you have any type of nomadic service, the compliance requirements are
enormous and it is going to be very expensive.  We are dealing with
multiple VSPs, our CLECs, and others to try and craft a solution that
will be satisfactory to the FCC.  Constant contact and conversations are
absolutely a must.  Even this may not guarantee that you will not be
subject to enforcement.  We have already invested significant money into
this mandate and we think that it will continue to require more.  The
only advice that I can give is that you should not believe anything is
FCC approved or authorized unless you have spoken with them to find out
what they require of you.  Our legal counsel has computed the potential
fines at $11,000 per day per customer.(being assessed each day of
non-compliance)  That is pretty significant.  If anyone needs any
direction or advice, please reply off-list and I will be happy to try
and help.

 

-jason

 

 

Jason P. Talley

Chief Executive Officer

NUVIO CORPORATION

Phone: 816-444-4422 ext. 5711

Fax: 913-498-1810

http://www.nuvio.com

jason at nuvio.com

 

 

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