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VoIP Threatens Communications Access

Editor: Several months ago we ran a couple of articles about Voice over IP (VoIP), which is the practice of using computer networks to transmit telephone conversations. On the face of it, it's a great idea, because it promises less expensive and more reliable phone service. But as we mentioned in our previous discussions, there are a couple of dark sides to this proposal. The following article points out that a pending Senate bill classifies VoIP as an information service rather than a telecommunications service. This seemingly innocuous distinction means that many of the current telecommunications rulings (e.g. hearing aid compatibility, requirements to support relay services, etc.) would NOT apply to VoIP.

Note that the information below was originally distributed by the Voice Over Internet Consumer Equity (VOICE) coalition as a call to contact the appropriate senators and urge them NOT to approve the bill as written. The consideration date has passed, so it's too late to do that. But I've chosen to publish this article anyway, because it's important that everyone associated with hearing loss understand and be able to discuss this issue. VoIP is the wave of the future; it WILL BE our telecommunications backbone. We need to get it right the first time. That's SO MUCH easier than trying to fix it after the fact.

~~~~

APT has confirmed that the VoIP Regulatory Freedom Act of 2004, introduced by Senator John Sununu, is set for markup by the Senate Commerce Committee on July 20th. If passed as is, this bill would deal a serious blow to consumer protection and accessibility in the IP-enabled era.

[snip]

At the bottom of this email is the text of the letter that APT sent to the Committee today for your reference.

What does the Sununu bill say?

The bill categorizes VOIP as an "information" service, severely restricting any type of regulation from being imposed. If it is passed, the following consumer protections would be at risk:

1. Universal Service. VoIP providers would not be required to contribute directly to the universal service fund. This fund provides access to telephone service to residents in rural high-cost areas and low income consumers, and it is the funding mechanism for the E-rate.

2. Public Safety, Reliability, and Security. The provision of 911 and enhanced 911 services, reliability and security would not be required. They are all voluntary provisions.

3. Accessibility. Standards of accessibility by customers with disabilities would be voluntary for providers of VoIP services, leaving it to the industry to develop their own guidelines. Important provisions such as Telecommunications Relay Services would be optional.

To read the whole bill, go to http://thomas.loc.gov/cgi-bin/query/C?c108:./temp/~c108KS5dyo.

Thank you for your support.

Debbie Goldman President

========================================

July 16, 2004

Dear Senator:

In advance of the Senate Commerce Committee markup of the proposed VoIP Regulatory Freedom Act of 2004 (S. 2281), the Alliance for Public Technology (APT) and the undersigned members of the Voice Over Internet Consumer Equity (VOICE) Coalition would like to express their concerns. We believe that this particular bill overlooks the most critical aspect of the ongoing debate over VoIP: the consumer.

The VOICE Coalition agrees that emerging technologies such as VoIP offer exciting new possibilities and can dramatically alter the way in which Americans communicate with one another. But the full potential of these technologies will only be realized if we adopt public policies to ensure that providers fulfill the social obligations that have been the hallmark of the traditional public switched telephone network. These obligations include:

* Universal Service. VoIP is functionally equivalent to traditional telephone service and is reliant on the public switched network that has been the backbone of this country's communications system. As such, VoIP providers should be required to contribute directly to the universal service fund to ensure access to telephone service to rural, high-cost and low-income consumers, and schools and libraries.

* Accessibility. Consumers with disabilities expect, and Section 255 of the Telecommunications Act of 1996 mandates, that all telecommunications services be accessible and usable. VoIP providers should be required to meet the same standards as traditional voice telephony providers, and to contribute to important provisions such as Telecommunications Relay Service (TRS).

* Public Safety, Reliability and Security. The provision of 911 and enhanced 911 services, as well as basic consumer protections, should be required of all communications providers, regardless of the technology.

The VoIP Regulatory Freedom Act of 2004 would require none of these important public interest provisions. The Act would also, by way of implementing two different regulatory scenarios for essentially the same telecommunications service, create an environment that is inhospitable to investment in and maintenance of the public switched network upon which all telephone service relies.

The role of government in this case ultimately should be to create a regulatory framework that promotes the growth of VoIP while protecting the interests of all consumers. We respectfully submit that the bill currently before the Committee falls well short of this goal. We urge you to seriously consider the ramifications of your decision, and to refrain from passing any legislation that does not specifically require the public interest obligations outlined by the VOICE Coalition.

[snip]

Sincerely,

The Alliance for Public Technology
Alliance for Technology Access
American Association of Law Libraries
American Association of People with Disabilities
American Federation of Teachers
Communications Workers of America
Community Action Partnership
Department of Professional Employees, AFL-CIO
Independent Living Network
MAAC Project
National Association of the Deaf
National Consumers League
National Council of La Raza
Telecommunications for the Deaf, Inc.
Telecommunications Research and Action Center