VoIP Tech Chat

Comcast fought the law, and the law lost. In a big win for Comcast and a big loss for net neutrality advocates, a Federal Appeals court ruled that the FCC lacks the authority to regulate how an internet provider handles network traffic. The case stemmed from an order in 2008 prohibiting Comcast from blocking bit-torrent traffic.

The 36 page ruling written by Judge Tatel (download here), cites many cases and regulations concerning both the FCC and their powers. While acknowledging that Congress gave the FCC broad powers to regulate rapidly changing technology, the Court stated that the FCC failed to tie it’s authority to regulate Comcast’s Internet service to any “statutorily mandated responsibility.”

Although I wished to have a stronger decision for Net Neutrality, I do welcome the reigning in of the FCC. It’s a lose/lose case (in my humble opinion). Either Comcast loses and the FCC grows stronger. Or Comcast wins and Net Neutrality grows weaker. Can’t say that the Average Joe would have won in the long run either way.

Additional Information:

• Download the Court ruling (VoIP Tech Chat)
• Court: FCC has no power to regulate Net Neutrality (cNet)
• US court rules against FCC on ‘net neutrality’ (AP via Yahoo!)

Be careful out there

A older scam gains popularity — or at least that’s what recent reports indicate. Targeting American cellphones, the goal of the scam is to have you make an international call and rack up your phone bill. Here’s how it works:

1. Your phone rings and becomes a missed call within 2 rings
2. You call back the number, assuming it’s in the US
3. Your phone bill imitates Cheech and Chong (aka becomes very high)

The recommendation is that you only call back numbers you either recognize or can identify by area code.

Here’s the FCC release: Read the rest of this entry »

In case you’re living under a rock, here’s the 20 word or less version:

Google Voice blocks numbers that have high fees, such as free conference calls, etc. AT&T hates this. (17 Words)

So, remember how Google wrote that letter to the FCC complaining that AT&T blocked it’s voice app? Well, look at those tables and watch them turn. FCC now gets to play mommy/daddy to AT&T complaining about Google’s blocking of numbers that AT&T is required to connect. Read the rest of this entry »

Look. Its Kevin Martin of the FCC. Hi Kevin.

The US Congress Committee on Energy and Commerce released a scathing report of the FCC (Federal Communications Commission) under Chairman Kevin Martin. The report, titled “Deception and Distrust: The Federal Communications System Under Chairman Kevin J. Martin” (sounds like a Lifetime movie), harshly criticizes both the FCC and Kevin Martin. Although, from the title alone, you had to have guessed the report wasn’t going to be flattering.

The committee found (among other things):

• FCC Chairman Kevin Martin manipulated, withheld, or suppressed data, reports, and information from other FCC commissioners and Congress.
• Important Commission matters have not been handled in an open and transparent manner; raising suspicions on unfair treatment.
• The Commission has failed to carry out important responsibilities regarding oversight of the Telecommunications Relay Service Fund (allowing customers to be overcharged while companies are overcompensated).
• FCC Chairman Kevin Martin’s “heavy-handed” management style has created distrust, suspicion, and turmoil among the five current Commissioners.
• Commission staff have not been efficiently managed.

The report uses such statements as “classic fleecing of America” (regarding overcharging customers), “undermined the ability of the FCC to accomplish its mission” (describing Martin’s management style), and “Chairman Martin’s manipulation of the Second Report calls into question the reliability of telecommunications information and analysis provided by the FCC to Congress.” Ouch.

The investigation was launched after allegations were received from FCC employees (current and former), other FCC Commissioners, and telecom reps. The Bi-Partisan Congressional committee launched the investigation in January, however did not hold the typically expected hearings “due to the climate of fear that pervades the FCC.” Apparently, witnesses were too scared to publicly testify.

The FCC provides authoritative rule making over VoIP, telecommunications (such as Cable, Wireless Phones, Telephones, POTS, etc.), television, and almost some part of electronic life that we touch daily.

More reading:

• Download the Report (PDF)
• CNET.com: Congressional report: FCC chair abused power
• Associated Press: House report finds leadership breakdown at FCC

If for no other reason to say you at least voice your opinion, there is a limited opportunity to share your opinions with the FCC. Currently, the FCC seeks additional comment on telecom reforms; specifically the Universal Service Fund (USF) and intercarrier compensation.

Although the FCC does not have a track record of following public opinion, it never hurts to try. Listening to one person’s voice versus a heavy lobbyist? Chances are very, very, very small that our Mr. Smith’s opinion will prevail — but then again, without voicing at all, the chance is zero.

Proposals range from taxing a flat fee of $1.00/month per telephone number to a cap of fees at $0.0007 per minute.

Our proposal is no taxes on telecommunication. Period.

The Senate unanimously passed legislation requiring 911 networks to play nicely with VoIP providers. Actually, the bill (dubbed the 911 Modernization and Public Safety Act of 2007) does more than sarcastically tell companies to play nice, but Patrick and Fred like to be sarcastic when discussing federal regulation. After all, it’s June 2008 and the Senate just now voted on legislation that the House of Representatives passed in November 2007. And now the bill goes back to the House for final approval.

By the way, for more information on how a bill becomes a law, please listen, read, and buy School House Rock’s “I’m Just a Bill.” Everyone together now, I’m just a bill, Yes I’m only a bill….

So, back in 2005 when Vonage started gaining popularity in the residential telephone game, the FCC decided that VoIP providers should be required to provide enhanced 911 to their subscribers by 2006. Well, VoIP providers did their best, but 911 routing definitely does not come in a one-size-fits-all type of system. Every 911 center has their own integration and traditionally had been controlled specifically by brick and mortar POTS companies; who weren’t super pleased with integrating their services to companies stealing their customers.

VoIP providers asked the FCC for extensions and basically Congress came in and decided that more laws should be created to help the process.

The Act (H.R. 3403) requires the FCC to regulate VoIP to 911 connectivity and ensure VoIP providers receive access to 911 and enhanced 911 centers.The bill also sets into place how much local governments can charge VoIP carriers for these connections.

So, the bottom line?

Get ready for improved access to 911 from VoIP providers and get ready for more 911 taxes on your VoIP line.

A copy of the 911 Modernization and Public Safety Act of 2007 report can be downloaded right here from VoIP Tech Chat.