[asterisk-biz] USA Legal and regulatory issues

[Steve Totaro]

On Mon, Mar 17, 2008 at 5:06 PM, Trixter aka Bret McDanel
<trixter at 0xdecafbad.com> wrote:
>
>  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
>  Belfast +44 28 9099 6461        US +1 516 687 5200
>  http://www.trxtel.com the phone company that pays you!
>

Probably all the states shortly (maybe CA first) since all the coffers
are drying up and the one thing they really like to do is spend.

Getting OT, but I also expect internet sales tax to be across the
board too in a year or so.  What a mess that will be.

Thanks,
Steve Totaro