CyberTelecom Blog: voip

Showing posts with label voip. Show all posts

Saturday, April 18, 2015

Microsoft withdraws Skype petition

PETITION OF SKYPE COMMUNICATIONS S.A.R.L. TO CONFIRM A CONSUMER'S RIGHT TO USE INTERNET COMMUNICATIONS SOFTWARE AND ATTACH DEVICES TO WIRELESS NETWORKS. Granted the request for withdrawal filed by Microsoft. Dismissed Skype's Petition for rulemaking without prejudice and terminated the docket for this proceeding. (Dkt No. RM-11361 ). Action by: Chief, Wireless Telecommunications Bureau. Adopted: 04/16/2015 by ORDER. (DA No. 15-471). WTB https://apps.fcc.gov/edocs_public/attachmatch/DA-15-471A1.docx
https://apps.fcc.gov/edocs_public/attachmatch/DA-15-471A1.pdf

Wednesday, June 19, 2013

Fed Reg RFC :: Telephone Numbers for IP Enabled Service Providers

Federal Register June 19 Action Proposed rule.

Summary In this document, the Federal Communications Commission (Commission) propose to promote innovation and efficiency by allowing interconnected Voice over Internet Protocol (VoIP) providers to obtain telephone numbers directly from the North American Numbering Plan Administrator (NANPA) and the Pooling Administrator (PA), subject to certain requirements. We anticipate that allowing interconnected VoIP providers to have direct access to numbers will help speed the delivery of innovative services to consumers and businesses, while preserving the integrity of the network and appropriate oversight of telephone number assignments. The accompanying Notice of Inquiry further seeks comment on a range of issues regarding our long-term approach to numbering resources. The relationship between numbers and geography—taken for granted when numbers were first assigned to fixed wireline telephones—is evolving as consumers turn increasingly to mobile and nomadic services. We seek comment on these trends and associated Commission policies.

Dates Comments are due on or before July 19, 2013. Reply comments are due on or before August 19, 2013.

. . . . .

Monday, April 22, 2013

RFC :: Direct Access to Phone Number Resources by VoIP Providers ::

FCC Press Release: FCC PROPOSES TO UNLEASH CONSUMER BENEFITS OF ONLINE VOICE SERVICES BY PROVIDING DIRECT ACCESS TO NUMBERS

Seeking Comment On Costs and Benefits, Including Ensuring Protection of Consumers, Public Safety, Network Reliability and Numbering System

Washington, D.C. – Working to speed innovation and competition in communications services, the Federal Communications Commission today proposed to streamline access to telephone numbers for innovative online providers of phone service.

The proposals continue the ongoing agency-wide effort to modernize its rules for today’s broadband marketplace, while promoting competition, protecting consumers and ensuring public safety.

Today, providers of interconnected Voice overInternet Protocol services – a popular type of VoIP service which can place calls to and receive calls from the traditional phone network as well as over the Internet – must obtain numbers through traditional telephone companies acting as a middleman. This can raise costs and slow introduction of innovative services, such as high-definition voice.

To determine whether a more streamlined approach is appropriate in the Internet era, the FCC is seeking comment on whether interconnected VoIP providers should have direct access to numbers. In addition, the FCC is seeking comment on easing access for other services that require numbers, such as IP access to emergency services, home security systems, text messaging services, programmable appliances and telematics like hands-free cellular modems in automobiles.

To test a number of technical issues related to the proposals, FCC also launched a limited, six-month trial of direct access to numbers. Vonage and other VoIP providers with pending direct-access waiver petitions at the Commission will be allowed to test direct access for 5% or fewer of the numbers they currently access through intermediaries – phased in over 6 months – and a very limited amount of new numbers. Participants will be required to report monthly on the progress of the trial, and can be required to return the numbers if problems arise. In addition, the FCC granted a limited waiver to TeleCommunication Systems, Inc., which provides access to E911 services for interconnected VoIP providers.

Looking further ahead, the FCC opened a Notice of Inquiry asking about the long-term relationship of numbers to geographic boundaries. The tie between area codes and geographic regions has been weakened by number portability, especially as mobile subscribers move away from the area where they obtained the service but continue using the number. The Inquiry seeks general comment on these trends and whether changes in Commission policies are appropriate

Comment Date: (30 days after date of publication in the Federal Register)

Reply Comment Date: (60 after date of publication in the Federal Register)

Docket No.: 13-97

Thursday, February 14, 2013

Video: Regulation and the IP transition GTown School of Business

See GN Docket No. 12-353: Transition from legacy transmission platforms to services based on Internet Prototol (IP) Released: 12/14/2012. PLEADING CYCLE ESTABLISHED ON AT&T AND NTCA PETITIONS. (DA No. 12-1999). (Dkt No 12-353 ). Comments Due: 01/28/2013. Reply Comments Due: 02/25/2013. WCB . Contact: John Visclosky at (202) 418-1580 DA-12-1999A1.doc DA-12-1999A1.pdf DA-12-1999A1.txt

Monday, March 05, 2012

ORDER :: FCC :: Outage Reporting Extended to Interconnected VoIP

THE PROPOSED EXTENSION OF PART 4 OF THE COMMISSION'S RULES REGARDING OUTAGE REPORTING TO INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICE PROVIDERS AND BROADBAND INTERNET SERVICE PROVIDERS. FCC Extends Network Outage Reporting Requirement To Interconnected VOIP Service To Help Ensure A More Resilient And Reliable 9-1-1 System. (Dkt No. 11-82 ). Action by: the Commission. Adopted: 02/15/2012 by R&O. (FCC No. 12-22). PSHSB

1. In this Report and Order, the Federal Communications Commission (FCC or Commission) extends the outage reporting requirements in Part 4 of our rules only to interconnected Voice over Internet Protocol (VoIP) service providers. In the Notice of Proposed Rulemaking in this proceeding, we proposed to take much broader action. Specifically, we proposed to extend Part 4 of the rules to both interconnected VoIP services and broadband Internet services. In addition, we proposed to require reporting of both outages based on the complete loss of service and those where, while service is technically available, technical conditions (such as packet loss, latency and/or jitter) effectively prevent communication. In response to the record developed in this proceeding, we are prepared at this time to adopt reporting requirements only with respect to the complete loss of interconnected VoIP service. Collecting this data will help the Commission help ensure the Nation’s 9-1-1 systems are as reliable and resilient as possible and also allow us to monitor compliance with the statutory 9-1-1 obligations of interconnected VoIP service providers. At this time, we also defer action on possible performance degradation thresholds for measuring an outage of interconnected VoIP service and on all outages of broadband Internet service.

2. Consumers are increasingly using interconnected VoIP services in lieu of traditional telephone service. Interconnected VoIP services allow a wireline or wireless user generally to receive calls from and make calls to the legacy public telephone network, including calls to 9-1-1. As of December 31, 2010, 31 percent of the more than 87 million residential telephone subscriptions in the United States were provided by interconnected VoIP providers —an increase of 21 percent (from 22.4 million to 27.1 million residential lines) in the last year. The public’s increased reliance on interconnected VoIP services is also reflected in 9-1-1 usage trends; we estimate that approximately 31 percent of residential wireline 9-1-1 calls are made using VoIP service.

3. The availability and resilience of our communications infrastructure, specifically 9-1-1, directly impacts public safety and the ability of our first responders to fulfill their critical mission. The most practical, effective way to maintain emergency preparedness and readiness is to work continuously to minimize the incidence of routine outages.

4. The FCC’s public safety mission is one of our core functions, and “promoting safety of life and property” is a foundational reason for the creation of the Commission. More recently, Congress affirmed the Commission’s efforts to accomplish this mission by codifying the requirement for interconnected VoIP providers to provide 9-1-1 services.

5. Consistent with our statutory mission, Presidential Directives and Executive Orders, and related implementing documents charge the Commission with ensuring the resilience and reliability of the Nation’s commercial and public safety communications infrastructure. National Security Presidential Directive/NSPD-51 establishes the framework by which the government can continue to perform its most critical roles during times of emergency. Accordingly, the Commission has the responsibility to ensure continuous operations and reconstitution of critical communications and services. The Commission also plays an active role in Emergency Support Function 2 (ESF2), the communications branch of the National Response Framework, which guides the Nation’s conduct during an all-hazards response. Executive Order 12472 establishing the National Communications System, the functions of which include coordination of the planning for and provision of national security and emergency preparedness communications for the Federal government, also requires FCC participation.

6. We have cause to be concerned about the ability of interconnected VoIP subscribers to reach emergency services when they need them. Several recent, significant VoIP outages highlight our concern about the availability of 9-1-1 over VoIP service:

On May 25, 2010, according to press reports, a service outage involving the AT&T U-Verse platform involved a server failure that impacted U-Verse interconnected VoIP service in AT&T’s entire 22-state local phone service area serving approximately 1.15 million customers. The reports indicate that the outage lasted for several hours. It remains unclear how many subscribers were unable to reach 9-1-1 and for how long.

On March 22, 2011, a Comcast outage in 19 New Hampshire communities beginning around 3:30 p.m. left many Comcast customers in those communities unable to make any calls, including 9-1-1 calls. The problem lasted through the evening.

In June 2010, CenturyLink Internet experienced failures that affected approximately 30,000 customers on the Kitsap Peninsula (near Seattle, Washington), and in a separate outage, affected approximately 100,000 customers across parts of Texas. The Kitsap Peninsula outage lasted an hour according to company sources, but some customers said it lasted four times as long. The Texas outage lasted over eight hours. During the outages, consumers, businesses and government were unable to place 9-1-1 or other calls over VoIP

In March 2010, Comcast Internet and Digital Voice service was disrupted to customers in Nashville, Tennessee, and Atlanta, Georgia. Comcast customers experienced severely degraded service for at least two hours. During the outage, local, state, and Federal government department and agency customers of Comcast in the affected areas were unable to make or receive telephone calls. Residential and business subscribers to Comcast Internet and Digital Voice services also were affected by the outage significantly impairing their ability to engage in 9-1-1 and other communications.

7. Commission staff gathered these facts from press accounts. None of these outages was reported directly to the Commission. The current outage reporting requirements are limited to traditional voice and paging communications services over wireline, wireless, cable, and satellite and do not apply to outages affecting interconnected VoIP services. Obtaining outage information for interconnected VoIP service, however, is the most effective method for the Commission to know whether and how well providers are meeting their statutory obligation to provide 9-1-1 and Enhanced 9-1-1 (E9-1-1) service. Further, without detailed information about outages that occur, the Commission is unable to analyze communications vulnerabilities, especially as they pertain to 9-1-1 services, or to share aggregate information with industry to help prevent future outages.

8. With the objective of ensuring the availability of 9-1-1 service, this Report and Order:

extends the Commission’s mandatory outage reporting rules to facilities-based and non-facilities-based interconnected VoIP service providers;

applies the current Part 4 definition of an outage to outages of interconnected VoIP service, covering the complete loss of service and/or connectivity to customers;

requires that these providers submit electronically a notification to the Commission within

240 minutes of discovering that they have experienced on any facilities that they own, operate, lease, or otherwise utilize, an outage of at least 30 minutes duration that potentially affects a 9-1-1 special facility, in which case they also shall notify, as soon as possible by telephone or other electronic means, any official who has been designated by the management of the affected 9-1-1 facility as the provider’s contact person for communications outages at that facility;

in this case, the provider shall convey to that person all available information that may be useful to the management of the affected facility in mitigating the effects of the outage on efforts to communicate with that facility; or

24 hours of discovering that these providers have experienced on any facilities that they own, operate, lease, or otherwise utilize, an outage of at least 30 minutes duration that:

potentially affects at least 900,000 user minutes of interconnected VoIP service and results in complete loss of service; or

potentially affects any special offices and facilities;

requires that these providers submit electronically a Final Communications Outage Report to the Commission not later than thirty days after discovering the outage; and

clarifies that the Part 4 rules apply to voice services provided using new wireless spectrum bands.

9. The outage reporting threshold that we adopt today for interconnected VoIP service is technology-neutral in that it mirrors the existing standard applied to other services covered under Part 4 of the Commission’s rules. Furthermore, the reporting process adopted herein is quite similar to the current process. We recognize that requiring interconnected VoIP service providers to report even significant outages imposes a burden on them, but we have determined that the cost to these providers of implementing the rules adopted herein is justified by the overwhelming public benefit of a reliable 9-1-1 system and firmly grounded in the Commission’s statutory obligation to ensure that reliability 9-1-1 service is provided to users of interconnected VoIP service. Finally, we decide to defer the question of outage reporting requirements for broadband Internet service providers and determine that this issue deserves further study.

New Regulations

PART 4 – DISRUPTIONS TO COMMUNICATIONS

GENERAL
The authority citation for Part 4 is amended to read as follows:
Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 154, 155, 201, 251, 307, 316, 615a-1, 1302(a), and 1302(b).
1. Section 4.3 is amended by amending paragraph (f) and adding paragraphs (h), resulting in original paragraph (h) now numbered as paragraph (i), to read as follows:
§ 4.3 Communications providers covered by the requirements of this part.
* * * * *
(f) Wireless service providers include Commercial Mobile Radio Service communications providers that use cellular architecture and CMRS paging providers. See § 20.9 of this chapter for the definition of Commercial Mobile Radio Service. Also included are affiliated and non-affiliated entities that maintain or provide communications networks or services used by the provider in offering such communications.
* * * * *
(h) Interconnected Voice over Internet Protocol (VoIP) providers are providers of interconnected VoIP service. See § 9.3 of this chapter for the definition of interconnected VoIP service. Such providers may be facilities-based or non-facilities-based. Also included are affiliated and non-affiliated entities that maintain or provide communications networks or services used by the provider in offering such communications.

(i) Exclusion of equipment manufacturers or vendors. Excluded from the requirements of this Part 4 are those equipment manufacturers or vendors that do not maintain or provide communications networks or services used by communications providers in offering communications.

2. Section 4.7 is amended by changing paragraph (e) as follows:
§ 4.7 Definitions of metrics used to determine the general outage-reporting threshold criteria.
* * * * *

“User minutes” are defined as:

(1) Assigned telephone number minutes (as defined in paragraph (c) of this section), for telephony, including non-mobile interconnected VoIP telephony, and for those paging networks in which each individual user is assigned a telephone number;
(2) The mathematical result of multiplying the duration of an outage, expressed in minutes, by the number of end users potentially affected by the outage, for all other forms of communications. For wireless service providers and interconnected VoIP service providers to mobile users, the number of potentially affected users should be determined by multiplying the simultaneous call capacity of the affected equipment by a concentration ratio of 8.
* * * * *
3. Section 4.9 is amended by adding paragraphs (g) to read as follows
§ 4.9 Outage reporting requirements – threshold criteria.
* * * * *
(g) Interconnected VoIP Service Providers.All interconnected VoIP service providers shall submit electronically a Notification to the Commission:

within 240 minutes of discovering that they have experienced on any facilities that they own, operate, lease, or otherwise utilize, an outage of at least 30 minutes duration that potentially affects a 9-1-1 special facility (as defined in (e) of § 4.5), in which case they also shall notify, as soon as possible by telephone or other electronic means, any official who has been designated by the management of the affected 9-1-1 facility as the provider’s contact person for communications outages at that facility, and the provider shall convey to that person all available information that may be useful to the management of the affected facility in mitigating the effects of the outage on efforts to communicate with that facility; or

within 24 hours of discovering that they have experienced on any facilities that they own, operate, lease, or otherwise utilize, an outage of at least 30 minutes duration:

(a) That potentially affects at least 900,000 user minutes of interconnected VoIP service and results in complete loss of service; or
(b) That potentially affects any special offices and facilities (in accordance with paragraphs (a)-(d) of § 4.5).

Not later than thirty days after discovering the outage, the provider shall submit electronically a Final Communications Outage Report to the Commission. The Notification and Final reports shall comply with all of the requirements of § 4.11.

Thursday, July 14, 2011

FCC :: RFC :: Amending Definition of Interconnected VoIP :: Comments Due TBA Fed Reg

Introduction

1. In this Third Report and Order, Second Further Notice of Proposed Rulemaking, and Notice of Proposed Rulemaking, we enhance the public’s ability to contact emergency services personnel during times of crisis and enable public safety personnel to obtain accurate information regarding the location of the caller. In the Report and Order, we continue to strengthen our existing Enhanced 911 (E911) location accuracy regime for wireless carriers by retaining the existing handset-based and network-based location accuracy standards and the eight-year implementation period established in our September 2010 E911 Location Accuracy Second Report and Order but providing for phasing out the network-based standard over time. We also require new Commercial Mobile Radio Service (CMRS) networks to comply with the handset-based location criteria, regardless of the location technology they actually use. In addition, we will require wireless carriers to periodically test their outdoor E911 location accuracy results and to share the results with Public Safety Answering Points (PSAPs), state 911 offices, and the Commission, subject to confidentiality safeguards.

2. In the Second Further Notice of Proposed Rulemaking, we propose measures to improve911 availability and location determination for users of interconnected Voiceover Internet Protocol (VoIP) services. First, we consider whether to apply our 911 rules to “outbound-only” interconnected VoIP services, i.e., services that support outbound calls to the public switched telephone network (PSTN) but not inbound voice calling from the PSTN. These services, which allow consumers to place IP-based outbound calls to any telephone number, have grown increasingly popular in recent years. We ask whether such services are likely to generate consumer expectations that they will support 911 calling and consider whether to extend to outbound-only interconnected VoIP service providers the same 911 requirements that have applied to other interconnected VoIP service providers since 2005.

3. We also seek comment on whether we should develop a framework for ensuring that all covered VoIP service providers can provide automatic location information (ALI) for VoIP 911 calls. Currently, interconnected VoIP customers must provide their location information manually by registering the physical location of their phones with their VoIP service providers. While there are benefits to this Registered Location approach, in light of the increasing popularity of VoIP calling, the enhanced mobility of VoIP devices, and the evolution of consumer expectations, we consider how we might continue working towards automatic location solutions for VoIP calls to 911. We do not propose specific automatic location accuracy requirements for VoIP at this time but instead seek comment on whether we should adopt general governing principles for the development of automatic location identification solutions. To ensure that ALI can be generated and transmitted in the most technologically efficient and cost-effective manner, we anticipate that some of these solutions will require participation by both “over the top” VoIP service providers that offer service directly to customers and broadband providers that provide underlying network connectivity for VoIP calls. General governing principles might apply to both types of providers but could also afford flexibility to VoIP service providers and broadband providers to develop alternative solutions appropriate to specific VoIP 911 scenarios.

4. We seek comment on an array of issues associated with extending 911 calling and location accuracy requirements to broadband-based voice services other than interconnected and outbound-only interconnected VoIP services. We request comment on whether we should seek to support 911 location determination through leveraging of location technologies that are already being developed for commercial broadband applications. We also seek comment on the possibility of developing operational benchmarks based on location accuracy performance to enhance consumer decision-making with respect to device capabilities. In addition, we seek comment on technological approaches to improve location accuracy for 911 communications originating from indoor environments. Finally, in the Notice of Proposed Rulemaking, we seek comment on whether our proposal to amend the definition of interconnected VoIP service for 911 purposes has any impact on our interpretation of certain statutes that reference the FCC’s existing definition of interconnected VoIP service.

AMENDING THE DEFINITION OF INTERCONNECTED VOIP SERVICE IN SECTION 9.3 OF THE COMMISSION'S RULES; WIRELESS E911 LOCATION ACCURACY REQUIREMENTS; E911 REQUIREMENTS FOR IP-ENABLED SERVICE PROVIDERS. FCC Strengthens Enhanced 911 Location Accuracy Requirements For Wireless Services. Seeks Comment on Improved 911 Availability and E911 Location Determination For VoIP. by 3RD R&O AND 2ND FNPRM. (Dkt No. 05-196 07-114 11-117 ). Action by: the Commission. Adopted: 07/12/2011 by NPRM. (FCC No. 11-107). PSHSB FCC-11-107A1.doc FCC-11-107A2.doc FCC-11-107A3.doc FCC-11-107A4.doc FCC-11-107A5.doc FCC-11-107A1.pdf FCC-11-107A2.pdf FCC-11-107A3.pdf FCC-11-107A4.pdf FCC-11-107A5.pdf FCC-11-107A1.txt FCC-11-107A2.txt FCC-11-107A3.txt FCC-11-107A4.txt FCC-11-107A5.txt

Tuesday, June 07, 2011

RFC OJO App to Discon VoIP Service :: New FCC Chief Econ

From today's FCC Daily Digest

Released: 06/07/2011. COMMENTS INVITED ON APPLICATION OF OJO SERVICE
LLC TO DISCONTINUE INTERCONNECTED VOIP SERVICES. (DA No. 11-1006). (Dkt
No 11-98 ). Comments Due: 06/22/2011. WCB . Contact: Carmell Weathers
at (202) 418-2325, Email: Carmell.Weathers@fcc.gov or Rodney McDonald at
(202) 418-7513, Email: Rodney.McDonald@fcc.gov, TTY: (202) 418-0494
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1006A1.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1006A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1006A1.txt

FCC NAMES MARIUS SCHWARTZ CHIEF ECONOMIST; JONATHAN BAKER AND GREGORY
ROSSTON TO SERVE AS SENIOR ECONOMISTS FOR TRANSACTIONS. News Release
OCHJG . Contact David Fiske at (202) 418-0513, email:
David.Fiske@fcc.gov
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307135A1.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307135A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307135A1.txt

Thursday, December 03, 2009

[Notice] Comment Sought On Transition From Circuit-Switched Network To All-Ip Network

Comment Date: December 21, 2009 In the American Recovery and Reinvestment Act of 2009 (“Recovery Act”), Congress directed the Commission to create a national broadband plan by February 17, 2010, that seeks to “ensure that all people of the United States have access to broadband capability and … establish[es] benchmarks for meeting that goal.” Among other things, the Commission is to provide “an analysis of the most effective and efficient mechanism for ensuring broadband access by all people of the United States” and “a detailed strategy for achieving affordability of such service and maximum utilization of broadband infrastructure and service by the public.”

Broadband itself is a leading indicator of the major transitions in communications technology and services provided by incumbents and new entrants into virtually every segment of the communications industry. No longer is broadband simply another service—it is a growing platform over which the consumer accesses a multitude of services, including voice, data, and video in an integrated way across applications and providers.

Driven by technology and market forces, this evolution of communications services to broadband creates many opportunities for our country, but it also has a significant impact on the circuit switched Public Switched Telephone Network (PSTN), a system that has provided, and continues to provide, essential services to the country. Our country has been through other communications transitions, such as the transition from analog mobile service to digital mobile service or the transition from analog broadcast television to digital broadcast television. While each transition is different, policy has played an important role in ensuring consumers were protected from loss of essential services and were informed of the choices presented by the transition. Policy also has played a role in providing a glide path for all industry players, enabling more efficient planning and adjustment over the course of the transition.

The intent of this Public Notice is to set the stage for the Commission to consider whether to issue a Notice of Inquiry (NOI) relating to the appropriate policy framework to facilitate and respond to the market-led transition in technology and services, from the circuit switched PSTN system to an IP-based communications world.

In the spirit of understanding the scope and breadth of the policy issues associated with this transition, we seek public comment to identify the relevant policy questions that an NOI on this topic should raise in order to assist the Commission in considering how best to monitor and plan for this transition. In identifying the appropriate areas of inquiry, we seek to understand which policies and regulatory structures may facilitate, and which may hinder, the efficient migration to an all IP world. In addition, we seek to identify and understand what aspects of traditional policy frameworks are important to consider, address, and possibly modify in an effort to protect the public interest in an all-IP world. For example, one line of questioning that a Notice of Inquiry may pursue is how to continue ensuring appropriate protections for and assistance to people with disabilities in the transition to an IP-based communications world. Another could focus on the role of carrier of last resort obligations. In this Public Notice, we seek comment on what policy areas should be understood in considering how best to prepare for the transition from the circuit-switched to the IP-based communications world.

This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. See 47 C.F.R. §§ 1.1200, 1.1206. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one- or two-sentence description of the views and arguments presented generally is required. See 47 C.F.R. § 1.1206(b). Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in section 1.1206(b) of the Commission's rules, 47 C.F.R. § 1.1206(b).

• All comments should refer to GN Docket Nos. 09-47, 09-51, and 09-137.

• Please title comments responsive to this Notice as “Comments – NBP Public Notice #25.

• Filers using the Commission's Electronic Comment Filing System (ECFS) should enter the following text in the “Custom Description” field in the “Document(s)” section of the ECFS filing page: “Comments – NBP Public Notice # 25”.

Comments may be filed using (1) the Commission's Electronic Comment Filing System (ECFS), (2) the Federal Government's eRulemaking Portal, or (3) by filing paper copies. Comments can be filed through the Commission's ECFS filing interface located at the following Internet address: http://www.fcc.gov/cgb/ecfs/. Comments can also be filed via the Federal eRulemaking Portal: http://www.regulations.gov. Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties who 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, Office of the Secretary, Federal Communications Commission.

• 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, D.C. 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 mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, S.W., Washington, D.C. 20554.

People with Disabilities: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418-0530, (202) 418-0432 (TTY).

For further information about this Public Notice, please contact Randy Clarke at (202) 418-1500.

- FCC -

DA 09-2517

Released: December 1, 2009

NBP Public Notice # 25

PLEADING CYCLE ESTABLISHED

GN Docket Nos. 09-47, 09-51, 09-137

Wednesday, October 29, 2008

In re Implementation of the NET 911 Improvement Act of 2008, REPORT and order WC Docket No. 08-171, (FCC October 21, 2008) [REDACTED]

We thought we might try something new. Agency orders can be long dreary things filled with procedural discussions. Well, what if we redact out all the APA gobbly gook, and boil it down to what was actually decided. We gave it a go with the recent FCC Net 911 Improvement Act Order, and this is what it boiled down to:

In re Implementation of the NET 911 Improvement Act of 2008, REPORT and order WC Docket No. 08-171, (FCC October 21, 2008) [REDACTED]

[1] In this Order, we adopt rules implementing certain key provisions of the New and Emerging Technologies 911 Improvement Act of 2008 (NET 911 Act), which was enacted on July 23, 2008. Specifically, we issue rules that give interconnected VoIP providers rights of access to any and all capabilities necessary to provide 911 and E911 service from entities that own or control those capabilities. We also take steps to ensure that the nation’s E911 network remains secure as an expanded number of entities are granted rights to access this system.

[3] The NET 911 Act explicitly imposes on each interconnected VoIP provider the obligation to provide 911 and E911 service in accordance with Commission existing requirements. The NET 911 Act also grants each interconnected VoIP provider rights with respect to “capabilities” to provide 911 and E911 services. Specifically, section 101 of the NET 911 Act adds a new section 6 to the Wireless 911 Act that states in relevant part:

DUTIES. – It shall be the duty of each IP-enabled voice service provider to provide 9–1–1 service and enhanced 9–1–1 service to its subscribers in accordance with the requirements of the Federal Communications Commission, as in effect on the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008 and as such requirements may be modified by the Commission from time to time.

PARITY FOR IP-ENABLED VOICE SERVICE PROVIDERS.—An IP-enabled voice service provider that seeks capabilities to provide 9–1–1 and enhanced 9–1–1 service from an entity with ownership or control over such capabilities, to comply with its obligations under subsection (a), shall, for the exclusive purpose of complying with such obligations, have a right of access to such capabilities, including interconnection, to provide 9–1–1 and enhanced 9–1–1 service on the same rates, terms, and conditions that are provided to a provider of commercial mobile service . . . , subject to such regulations as the Commission prescribes under subsection (c).

[7] 911 service generally falls into two categories – basic and enhanced. Basic 911 service delivers 911 calls to an appropriate PSAP or public safety agency without the information regarding the caller’s location or, in some cases, a call back number. E911 service expands basic 911 service by not only delivering 911 calls to an appropriate PSAP, or public safety agency, but also providing the call taker with the caller’s call back number, referred to as Automatic Numbering Identification (ANI), and location information — a capability referred to as Automatic Location Identification (ALI).

[12] Interconnected VoIP E911 Network. Under the Commission’s rules, interconnected VoIP providers must provide E911 service to their customers. Interconnected VoIP service may enable customers to place calls from various geographic locations which may necessitate the use of p-ANI for routing 911 calls. Furthermore, given the state of current technology to determine automatically the location from which an interconnected VoIP call is made, the Commission required providers of interconnected VoIP services to obtain location information, called “Registered Location,” from their customers.

[13] Under the Commission’s rules, interconnected VoIP providers must forward all 911 calls made over their interconnected VoIP service, as well as a call back number and the caller’s Registered Location for each call, to the appropriate PSAP. These calls must be routed through the use of ANI and, if necessary, and similar to wireless carriers, p-ANI, via the dedicated Wireline E911 Network, and the caller’s Registered Location must be available from or through the ALI Database. Interconnected VoIP providers may comply with the Commission’s rules by interconnecting indirectly through a third party such as a competitive LEC, interconnecting directly with the Wireline E911 Network, or through any other solution that allows the provider to offer E911 service.

[24] we issue rules to grant interconnected VoIP providers a right of access to the capabilities CMRS providers use to provide E911 service equal to the access rights made available to CMRS providers.

[25] Second, with respect to any capabilities that are not provided to CMRS providers for their provision of E911 service, we interpret the NET 911 Act as granting interconnected VoIP providers a right of access if the capability is necessary for the interconnected VoIP provider to provide E911 service in compliance with the Commission’s rules.

[27] Typical Capabilities. . . Thus, in a typical local architecture, “capabilities” will include: the Selective Router; the trunk line(s) between the Selective Router and the PSAP(s); the ALI Database; the SR Database; the DBMS, the MSAG; p-ANIs; ESNs; mobile switching center capabilities; mobile positioning center capabilities; shell records; the data circuits connecting these elements; and the network elements, features, processes, and agreements necessary to enable the use of these elements.

[28] Entities with Ownership or Control of Capabilities. We conclude that interconnected VoIP providers are entitled to access to capabilities from any entity that owns or controls such capabilities. . . . We therefore interpret the NET 911 Act to impose obligations of access on each of the entities described in part II.D of this Order, including in typical E911 architectures: incumbent LECs, PSAPs and local authorities, VPCs, CMRS providers, competitive carriers, and the Interim RNA to the extent any of these entities has “ownership or control” over any capabilities to which interconnected VoIP providers have a right of access.

Rates, Terms, and Conditions

[32] We interpret the term “provided” as used in this provision as encompassing not only those capabilities that are actually provisioned to a CMRS provider as well as the rates, terms, and conditions under which they are provisioned, but also those capabilities that are currently offered to a CMRS provider as well as the rates, terms, and conditions under which they are offered. We interpret “provided” broadly to ensure that interconnected VoIP providers are able to access the same capabilities that CMRS providers may access on the same rates, terms, and conditions that are available to CMRS providers.

[33] In addition, if an owner or controller of a capability does not provide a capability to CMRS providers but is required under part III.A above to grant interconnected VoIP providers access to such capability, such access must be provided on the rates, terms, and conditions that would be offered to a CMRS provider.

[34] If an owner or controller of a capability required to be made available does not currently make that capability available to any other entities, the rates, terms and conditions under which that owner or controller must provide access to a requesting interconnected VoIP provider must be reasonable, and should be reached through commercial negotiation. . . . Finally, we emphasize that all rights to capabilities that the NET 911 Act grants to an interconnected VoIP provider are “for the exclusive purpose of complying with . . . its obligations under subsection (a) [i.e. the Commission’s existing E911 rules].”

Technical, Network Security, and Information Privacy Requirements

[37] NENA has developed national VoIP E911 requirements, referred to as NENA’s i2 standard, that are “designed to ensure that VoIP 9-1-1 calls are routed and presented in a wireline equivalent manner.” We believe that any interconnected VoIP provider that is in compliance with this standard already is coordinating its efforts with the other organizational entities responsible for providing E911 service.

[38] We require interconnected VoIP providers to comply with all applicable industry network security standards to the same extent as traditional telecommunications carriers when they access capabilities traditionally used by carriers.

[39] Finally, our rules contemplate that incumbent LECs and other owners or controllers of 911 or E911 infrastructure will acquire information regarding interconnected VoIP providers and their customers for use in the provision of emergency services. We fully expect that these entities will use this information only for the provision of E911 service. To be clear, no entity may use customer information obtained as a result of the provision of 911 or E911 services for marketing purposes. [NOTE: This is similar to the original CPNI rules]

Final Rules

Part 9 of Title 47 of the Code of Federal Regulations is amended to read as follows:

PART 9 – INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICES

1. The authority citation for Part 9 is amended to read as follows:

Authority:  47 U.S.C. 151, 154(i)-(j), 251(e), 303(r), and 615a-1 unless otherwise noted.

2. § 9.1 is amended to read as follows.

§ 9.1 Purposes.

The purposes of this part are to set forth the 911 and E911 service requirements and conditions applicable to interconnected Voice over Internet Protocol service providers, and to ensure that those providers have access to any and all 911 and E911 capabilities they need to comply with those 911 and E911 service requirements and conditions.

3. § 9.3 is amended by adding in alphabetical order definitions of “ALI” and “CMRS” to read as follows.

§ 9.3 Definitions.

Automatic Location Information (ALI). Information transmitted while providing E911 service that permits emergency service providers to identify the geographic location of the calling party.

CMRS. Commercial Mobile Radio Service, as defined in § 20.9 of this chapter.

4. § 9.7 is added to read as follows.

§ 9.7  Access to 911 and E911 Service Capabilities.

(a)  Access.  Subject to the other requirements of this part, an owner or controller of a capability that can be used for 911 or E911 service shall make that capability available to a requesting interconnected VoIP provider as set forth in paragraphs (a)(1) and (a)(2) of this section.

(1)  If the owner or controller makes the requested capability available to a CMRS provider, the owner or controller must make that capability available to the interconnected VoIP provider.  An owner or controller makes a capability available to a CMRS provider if the owner or controller offers that capability to any CMRS provider.

(2)  If the owner of controller does not make the requested capability available to a CMRS provider within the meaning of paragraph (a)(1) of this section, the owner or controller must make that capability available to a requesting interconnected VoIP provider only if that capability is necessary to enable the interconnected VoIP provider to provide 911 or E911 service in compliance with the Commission’s rules.

(b)  Rates, Terms, and Conditions.  The rates, terms, and conditions on which a capability is provided to an interconnected VoIP provider under paragraph (a) of this section shall be reasonable.  For purposes of this paragraph, it is evidence that rates, terms, and conditions are reasonable if they are:  (1) the same as the rates, terms, and conditions that are made available to CMRS providers, or (2) in the event such capability is not made available to CMRS providers, the same rates, terms, and conditions that are made available to any telecommunications carrier or other entity for the provision of 911 or E911 service.

(c)  Permissible Use.  An interconnected VoIP provider that obtains access to a capability pursuant to this section may use that capability only for the purpose of providing 911 or E911 service in accordance with the Commission’s rules.

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