Congressmen call for new classification for VoIP

State commissions would be pre-empted from regulating voice over IP and other advanced services if Congress approves a bill introduced Tuesday by co-sponsors Reps. Cliff Stearns (R-Fla.) and Rick Boucher (D-Va.).

Under the bill, a new service classification known as Advanced Internet Communications Services (AICS) would be created so regulators would not have to be limited to the Telecom Act’s "outdated" definition of telecommunications services and information services, Boucher said. All AICS would be treated under the same regulation, regardless of the network platform used to transport the service.

"This way, we’re not going to have to come back in two years to rewrite the law because of the latest fad, Boucher said. "There shall be complete parity of regulation."

There also would not be any economic regulation of these advanced services, because they can be offered over any competitive IP network, he said. In addition, the FCC would have sole jurisdiction, as the bill dictates that AICS are interstate services.

"By establishing that AICS are interstate services, we eliminate the regulatory uncertainty of a myriad of different state regulatory approaches which would impede investment in these new services," Stearns said in a prepared statement.

The bill calls for VoIP providers to adhere to social obligations such as 911, universal service and providing equal access to disabled consumers. Law-enforcement surveillance purposefully is not addressed in the bill to prevent the legislation from getting delayed in multiple committees, but Boucher said he believes concerns regarding CALEA can be addressed in negotiations.

VoIP calls that terminate on the public switched telephone network would be subject to access charges under the bill, Boucher said.

Precursor CEO Scott Cleland said creating a new classification makes sense as policy-makers try to deal with regulation in an era of converged services.

"It certainly can’t be any worse than what we have now," Cleland said.

Cleland said he believes there are enough votes in Congress to pre-empt states from regulating VoIP but said "It’s going to be hard." Boucher said he hopes the bill is the subject of hearings this year and is considered for approval during the first half of 2005.