Wednesday, September 28, 2005

[Cybertel-Ann] NOTICE :: FCC EB Provides Further Guidance to VoIP Concerning Anforcement of Sub Acknowledgement Requirement

Cybertelecom :: VoIP :: FCC :: 911

DA 05-2530
Released: September 27, 2005

Enforcement Bureau Provides Further Guidance to
Interconnected Voice Over Internet Protocol Service
Providers Concerning Enforcement of Subscriber
Acknowledgement Requirement

WC Docket No. 04-36
WC Docket No. 05-196
In this Public Notice, the Enforcement Bureau (Bureau)
provides additional guidance concerning its intended
enforcement of the subscriber affirmative
acknowledgement requirement placed on interconnected
Voice over Internet Protocol (VoIP) service providers
in the Commission’s VoIP E911 Order. After
considering the reports submitted to us by
interconnected VoIP providers detailing their
compliance with the Commission’s notification
requirements, it is evident that many providers have
devoted significant resources to notifying each of
their subscribers of the limitations of their 911
service and obtaining acknowledgements from each of
their subscribers. Specifically, by repeatedly
prompting subscribers through a variety of means, the
majority of providers submitting September reports
have obtained acknowledgments from nearly all, if not
all, of their subscribers. For example, the September
reports indicate that at least 21 providers have
received acknowledgments from 100 percent of their
subscribers and at least 32 others have obtained
acknowledgements from 90 percent or more of their
subscribers. In recognition of these substantial
efforts and the very high percentage of received
acknowledgments, the Bureau announces that it will not
pursue enforcement action against such providers. We
do, however, expect these providers will continue
seeking the remaining acknowledgements and will notify
the Commission once they have achieved 100%
To the extent that a provider has not received
acknowledgements from at least 90% of its subscribers,
we intend to continue forbearing from enforcement of
our acknowledgment requirement until October 31, 2005,
provided that these providers submit a status report
to us by October 25, 2005. This status report should
detail the efforts that they have undertaken to obtain
acknowledgments from the remainder of their subscriber
base, explain why they have been unable to achieve an
acknowledgment percentage closer to 100%, and provide
the current percentage of acknowledgments that they
have received as of the date of filing.

Filing Procedures

Interconnected VoIP providers may file the
above-referenced report in this proceeding on or
before October 25, 2005. Reports must reference WC
Docket No. 05-196 and should be labeled clearly on the
first page as “Subscriber Acknowledgement Report (date
of filing).” The report may be filed using: (1) the
Commission’s Electronic Comment Filing System (ECFS),
or (2) by filing paper copies. See Electronic Filing
of Documents in Rulemaking Proceedings, 63 Fed. Reg.
24,121 (May 1, 1998).

• Electronic Filers: Compliance letters may be filed
electronically using the Internet by accessing the
ECFS: Filers should
follow the instructions provided on the website for
submitting comments. For ECFS filers, in completing
the transmittal screen, filers should include their
full name, U.S. Postal Service mailing address, and
the applicable docket number (WC Docket No. 05-196).

• Paper Filers: Parties that choose to file by paper
must file an original and four copies of each filing.
Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (although we
continue to experience delays in receiving U.S. Postal
Service mail). All filings must be addressed to the
Commission’s Secretary, Marlene H. Dortch, Office of
the Secretary, Federal Communications Commission, 445
12th Street, SW, Washington, DC 20554.

• The Commission’s contractor will receive
hand-delivered or messenger-delivered paper filings
for the Commission’s Secretary at 236 Massachusetts
Avenue, N.E., Suite 110, Washington, DC 20002. The
filing hours at this location are 8:00 a.m. to 7:00
p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes must be
disposed of before entering the building.

• Commercial overnight mail (other than U.S. Postal
Service Express Mail and Priority Mail) must be sent
to 9300 East Hampton Drive, Capitol Heights, MD 20743.

• U.S. Postal Service first-class, Express, and
Priority mail should be addressed to 445 12th Street,
SW, Washington DC 20554.

Parties should also send a copy of their filings to:

• Byron McCoy, Telecommunications Consumers Division,
Enforcement Bureau, Federal Communications Commission,
Room 4-A234, 445 12th Street, S.W., Washington, D.C.
20554, or by email to;

• Kathy Berthot, Deputy Chief, Spectrum Enforcement
Division, Enforcement Bureau, Federal Communications
Commission, Room 7-C802, 445 12th Street, S.W.,
Washington, D.C. 20554, or by email to; and

• Janice Myles, Competition Policy Division, Wireline
Competition Bureau, Federal Communications Commission,
Room 5-C140, 445 12th Street, S.W., Washington, D.C.
20554, or by e-mail to

Parties must also serve one copy with the Commission’s
copy contractor, Best Copy and Printing, Inc. (BCPI),
Portals II, 445 12th Street, S.W., Room CY-B402,
Washington, D.C. 20554, (202) 488-5300, or via e-mail

For further information regarding this proceeding,
press should contact Janice Wise, Director, Media
Relations, Enforcement Bureau, (202) 418-8165, and
providers should contact David Hunt,
Telecommunications Consumers Division, Enforcement
Bureau, (202) 418-1522, or Cynthia Bryant,
Telecommunications Consumers Division, Enforcement
Bureau, (202) 418-8164.


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