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Regulating VoIP in the US

OUT-LAW News, 26/07/2004

The influential US Senate Commerce, Science and Transportation Committee effectively re-wrote a draft bill dealing with the regulation of VoIP on Thursday, transferring some powers from federal to state regulators.

The draft VoIP Regulatory Freedom Act, introduced into the Senate in April by Republican Senator John Sununu, was intended to reserve the right to regulate IP telephony, also known as VoIP or Voice over Internet Protocol, to Federal Government.

But two amendments, introduced respectively by Republican Senator Conrad Burns and Democrat Senator Byron Dorgan, mean that US states will now be able to force VoIP companies to provide emergency 911 services, to contribute to the funding of low income or rural-based subscribers, through what are known as universal service fees, and to pay intra-state access charges.

According to Sununu, "This is an important step forward, and a small victory in the effort to establish a clear and limited regulatory framework for IP services like VoIP".

"Despite the addition of two amendments, the basic message is clear: Congress does not want states implementing new regulations that will inhibit this emerging technology," he added.

Sununu added his own amendment to his draft in an attempt to satisfy critics, giving the Act a time limit of only three years.

The draft now has to go before the whole Senate for consideration.

See: Draft VoIP Regulatory Freedom Act (9-page PDF)

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