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February 6, 2004

By Staff

SBC urged the FCC not to delay ruling on AT&T's petition seeking exemption of phone-to-phone IP telephony services from access charges pending the initiation or completion of a rulemaking proceeding on VoIP. In an ex parte meeting with FCC Comr.

Martin and aide Daniel Gonzalez earlier this week, SBC argued that "the plain language of the Commission's access charge rules requires AT&T to pay access charges on its 'IP-in-the-middle' long distance telephone service."

Commenting on whether the AT&T petition should be decided at the same time with a decision on whether a Vonage-type service should be subject to access charges, SBC said:

(1) The AT&T access charge petition had been pending for 15 months, but Vonage's petition didn't even raise access charge issues: "AT&T has not even argued, much less shown, that its petition should be decided contemporaneously with Vonage's petition."

(2) A decision on the application of access charges in a Vonage-type situation was "nowhere near as urgent" as a ruling on the AT&T petition: "Without a decision on the AT&T petition, AT&T can literally dismantle the access charge regime in virtually no time at all, simply by migrating its long distance traffic onto its IP backbone while the Commission stands idly by." By contrast, it said Vonage and other Voip providers were selling a service to end users and were "in no position to have any dramatic near-term effect on the access charge regime."

(3) Unlike a decision on AT&T's petition, which "requires only a straightforward application of the law," a decision on a Vonage-type service would have to address not only whether terminating access charges were due, but also whether the Commission's current rules for determining the jurisdiction of such traffic should apply, "an issue the Commission may well want to address in an NPRM."

In a separate ex parte filing, Qwest argued that the "only fair, legal and just" way for the Commission to resolve AT&T's petition would be to rule that "unless and until the Commission holds otherwise on a prospective basis, 'phone-to-phone IP telephony service' is and has been subject to access charges."

It urged the FCC to rule clearly that AT&T must retroactively pay such charges: "Once the Commission reiterates the law that access charges apply to such traffic, then AT&T's obligation to pay such charges on traffic it handled in the past is a matter of law to be addressed in collection actions against AT&T.

The Commission cannot in this proceeding exempt AT&T from its legal obligation to pay such charges." Verizon also urged the FCC to act quickly and deny AT&T's petition. In an ex parte meeting with FCC Comr. Adelstein's aide, Lisa Zaina, Mon., Verizon urged the Commission to rule that its existing rules required the payment of access charges when local exchange switching facilities were used to originate or terminate long distance calls, regardless of the intermediate technology used. On another petition filed by pulver.com and Vonage, Verizon said: "The Commission need not decide at this time whether these services are information services or telecommunications services in order to establish its exclusive jurisdiction."

Meanwhile, in light of FBI's CALEA concerns, pulver.com in an ex parte filing with the FCC Tues. clarified that it was "aware of its obligations under federal law with respect to law enforcement" and was "willing to meet those obligations." It promised that "if presented with a lawful instrument, pulver.com will provide such call- identifying information as it has access to, and will facilitate access to call content, to the extent that it is available."



 
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†AK and HI residents pay $29.95 shipping. ††Limited time offer. Valid for residents of the United States (&DC), 18 years or older, who open new accounts. Offer good while supplies last and only on new account activations. One kit per account/household. Offer cannot be combined with any other discounts, promotions or plans and is not applicable to past purchases. Good while supplies last. Allow up to 2 weeks for shipping. Other restrictions may apply.

1Unlimited calling and other services for all residential plans are based on normal residential, personal, non-commercial use. A combination of factors is used to determine abnormal use, including but not limited to: the number of unique numbers called, calls forwarded, minutes used and other factors. Subject to our Reasonable Use Policy and Terms of Service.

2Shipping and activation fees waived with 1-year agreement. An Early Termination Fee (with periodic pro-rated reductions) applies if service is terminated before the end of the first 12 months. Additional restrictions may apply. See Terms of Service for details.

HIGH SPEED INTERNET REQUIRED. †VALID FOR NEW LINES ONLY. RATES EXCLUDE INTERNET SERVICE, SURCHARGES, FEES AND TAXES. DEVICE MAY BE REFURBISHED. If you subscribe to plans with monthly minutes allotments, all call minutes placed from both from your home and registered ExtensionsTM phones will count toward your monthly minutes allotment. ExtensionsTM calls made from mobiles use airtime and may incur surcharges, depending on your mobile plan. Alarms, TTY and other systems may not be compatible. Vonage 911 service operates differently than traditional 911. See www.vonage.com/911 for details.

** Certain call types excluded.

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