Today, the Federal Communications Commission voted to adopt a Notice of Proposed Rulemaking to examine the future interconnection requirements impacting the phone network as part of the transition from the legacy phone system to an all-IP network that uses voice-over-IP (VOIP) for all phones.
Regulating interconnection is essential to the smooth operation of the phone network, and a core responsibility of the FCC since its creation. The first provision of Title II of the Communications Act governing “telecommunications services” gives the FCC power to require interconnection between telecommunications networks. But, as the item acknowledges, because the FCC has refused to classify VOIP as a “telecommunications service,” it is unclear if the FCC has authority over all-IP networks. This question of authority affects not only interconnection, but also the general power of the FCC over the phone system in the future. FCC functions we take for granted, such as ensuring the phone system reaches every American, may not happen unless the FCC classifies VOIP as a Title II service.
The item seeks comment on the legal classification of VOIP offered over landlines, opening the door for the FCC to determine if the agency has the authority to ensure the phone network functions effectively for everyone. Public Knowledge applauds Chairman Brendan Carr for seeking comment on this critical question, and will urge the FCC in this proceeding to classify VOIP over landlines as Title II.
The following can be attributed to Harold Feld, Senior Vice President of Public Knowledge:
“Buried in this technical item lies one of the most important questions for the future of the phone system. As we transition from our legacy networks to all-IP networks, will the FCC have the power to do the job for which Congress created it? The modern phone system works because the FCC forces companies to do things that are not profitable but are utterly necessary – such as forcing large networks to interconnect with small rural networks or competing networks at prices that make phone service affordable for everyone, or making sure phone companies can recover quickly after a disaster. But the FCC will only have authority to continue doing its job if it classifies VOIP over landlines as a Title II telecommunications service, like the legacy phone network is today.
“The FCC has avoided classifying VOIP over landlines for two decades, relying on its existing authority over the legacy phone network. Now, with the end of the legacy phone system in sight, the FCC must finally decide whether it will continue to do the job Congress gave it over 90 years ago – make sure the phone system works reliably for everyone. We applaud Chairman Carr for finally asking this critical question. We hope the FCC will come to the right answer and classifies VOIP over landlines as a Title II service, and we look forward to filing comments in this proceeding.”
You may learn why the FCC must make VoIP a Title II telecommunications service so the agency can ensure everyone has access to reliable, quality voice service in our VOIP Declaratory Ruling Petition.
Members of the media may contact Communications Director Shiva Stella with inquiries, interview requests, or to join the Public Knowledge press list at shiva@publicknowledge.org or 405-249-9435.