[Asterisk-biz] VoIP Compliance with the FCC, and your Local State Public Utility Commission. Either register as CLEC or IXC per this...

[M O]

Rehan,
Matt,
 
 
Matt, thanks for replying to Rehans question.
For everyone, Matt was making reference to 
 
www.fcc.gov
-----------
 
> 6/3/05
> Commission Requires Interconnected VoIP Providers to
> Provide Enhanced 911 Service.
 
> Recorded Audio/Video Webcast of Commission Meeting
> http://www.fcc.gov/realaudio/mt051905.ram
 
But to add to the answer to the question posed by
Rehan,   " Or any other government agency, if they
havent, then  how does fcc rules the e911 and how 
does fcc know who is and who is not a VOIP service
provider? "
 
http://www.intelecard.com/inissue/03newtoprepaid.asp
 
According to Attorney at Law, Thomas K. Crowe:
 
Does regulation apply?
----------------------
 
At the outset, providers must consider whether their
business model will subject them to regulation or
allow them to operate outside the costly burdens of
regulation. While this determination is usually not
difficult in the case of a prepaid wireless or a
conventional prepaid calling card provider, it can
be more complex in other cases (for example, a prepaid
 VoIP provider).
 
Companies that are subject to federal and state
regulation are called "common carriers." In general,
common carriers offer telecommunications service to
the public at large for a fee. The exact definition
of a common carrier can vary slightly by jurisdiction,
but it basically involves providing service to the
general public for a profit. If a telecommunications
company operates as a common carrier, it will be
subject to regulation and fall under state public
utilities commission (PUC) certification and Federal
Communications Commission (FCC) licensing
requirements. Just as important, it will be subject
to federal and state telecommunications regulatory
fees
and assessments, including the Universal Service
Fund (USF) assessment, generally billed at 8-9 percent
of telecommunications revenues.
 
Conventional prepaid calling card providers are
generally classified as common carriers. So are
switched and switchless resellers, facilities-based
carriers, CLECs, dial-around or 101XXXX providers,
operator services providers and many others.
Wireless prepaid providers, even though they offer
wireless services, are also generally classified as
common carriers. This means that they must comply
with federal entry requirements (FCC Section 214
licensing)  and certain state PUC regulatory
requirements.
---------------------------------------------------
 
Contact Staff attorney Gregory Kunkle (202)263-3642.
Tell him Martin sent ya! ;)
 
He can fax to you, as he did me, thier Attorney
rates to get you properly licensed before the FCC.
 
As for me, WindyCitySDR, located here within
Chicago, Illinois, per the Illinois Commerce
Comission, they are interested in regulating you/your
entity
WHENEVER you are carrying voice via any means within
the state of Illinois, PERIOD!!!
 
But the odd thing is, when I attempted to 
register with them, they, the ICC, told me though 
"We are DEFTLY interested in regulating you/entities
like you, the current position on ISPs or "ISP /
Internet Protocol related stuff ", they are taking a "
we wont $#$# with you " approach.  
 
If they get complaints about you, they are shutting 
you down or giving you unwanted "DRAMA".
 
They'll let you operate, they dont track you down,
though they assured me it is something they could do
relatively simply.  Send undercover cops in to
purchase some VoIP service, knowing that within your
state you were to have registered, but you did not. 
 
So, we are in contact with them, and they are aware
of us, though they said there is nothing currently in
there charter that REQUIRES me to register with
them,  nor they, the Illinois Commerce Commission, to 
regulate me, WindyCitySDR. :)  
 
So, at the VERY LEAST,  establish a contact with
your local state public utility and let them know what
your about like I did.  So nobody can one day say you
tried to avoid being regulated or whatever nonsense.  
 
 
Per this page here:  
 
http://www.regnumgroup.com/licensing.html
 
Specificly speaking:
--------------------
 
IXC - Inter-Exchange (Non-Dominant) Common Carriers
regulated by State Certification. These providers
are Common Carriers providing international or
interstate service on a wholesale, direct route,
prepaid, or post paid basis via either Traditional
Mode (TDM) or Voice Over Internet Protocol (VOIP).
This category includes:
 
     * Facilities-based Carriers – Providers that own
 and operates telecommunications switches and
 transmission points between States within the United
 States and/or international points of presence
 abroad.
 
     * Operator Service Provider – Providers that
 provide alternative operator services for IXCs or
 toll operator services to call aggregator locations; 
 or clearinghouse services to bill such calls.
 
     * Resellers – Providers that have one or more
 switches but primarily leases the transmission
 facilities of other carriers and bill its own
 customer base for services used.
 
     * Switchless Re-billers - Providers that have no
 switch systems or transmission facilities but may
 have  a billing computer. These clients aggregate 
 traffic to obtain bulk discounts from underlying 
 carrier and  re-bills end users at a rate above its 
 discount but generally below the rate end users would
   
 pay for un-aggregated traffic.
 
     * Multi-Location Discount Aggregator – Providers
 that contract with unaffiliated entities to obtain
 bulk/volume discounts under multi-location discount
 plans from certain underlying carriers, then offers
 resold service by enrolling unaffiliated customers.
 
     * Prepaid Calling Card Provider – Any person or
 entity that purchases 800 accesses from an
 underlying  carrier or unaffiliated entity for use 
 with prepaid  debit card service and/or encodes the 
 cards with personal Identification numbers. 
  
 Competitive Local-Exchange Providers regulated by
 State Certification. These providers are common
 carriers that provide local access to consumers from
 the public switched network on a prepaid or postpaid
 basis:
 
     * Facilities Based and Re-Seller CLEC Providers
 Clients providing last Mile telecommunications
 service to consumers to and from the public switched 
 Network via their own facilities or the facilities of
 another CLEC or ILEC.

* Data CLEC Providers – Clients providing last
mile data or VOIP service to consumers to and from the
public switched network via their own facilities or
the facilities of another CLEC or ILEC

State Telecom Licensing?
http://www.regnumgroup.com/licensing.html

Sincerely,


SoftwareRadioGuy


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