The FCC’s decision on Pulver.com petition ‘doesn’t mean the Commi...

a briefing Wed.: “I wouldn’t read to much into this. It doesn’t address many issues, such as 911 and CALEA -- that’s why the Commission has an NPRM… In Pulver.com, the Commission confirmed what was true for 20 years. It was a first easy decision.” The petition, granted by the Commission earlier this month (CD Feb 13 p1), had asked the FCC to rule that IP- to-IP service provided by Pulver.com was neither telecom nor telecom service. Wireline Bureau Senior Deputy Chief Jeff Carlisle said the Pulver decision was “useful in terms of setting up a flag -- okay here is an easy case, but the NPRM will address more complicated issues.” Pepper told us there were “some general principles in Pulver decision that speak to the question of why [and] how is Pulver’s service defined as an information service.” He said the principles the FCC used to define whether Pulver.com was an information service “could be applied in other cases, but not necessarily, because each petition is very fact-specific and will be evaluated separately and on its own merits… I can envision lots of things that would fit into information service definition based upon the principles that have been clearly articulated.” Pepper -- also co-chmn. of the FCC Internet Policy Working Group created by FCC Chmn. Powell last Dec. to address policy issues related to IP-based services -- said his group would hold a series of “solutions summits” in spring on 911/E911, CALEA and access for people with disabilities issues. The first meeting on 911/E911 is scheduled for March 18. Pepper encouraged the industry to address technical aspects of issues such as 911 and CALE, and come up with standards: “The industry has an enormous technical expertise and it’s not the same but it’s analogous to the standards setting process.” As an example, he cited an MOU between the VON Coalition and NENA on 911 solutions announced last Dec.: “So, it’s already an industry-led process. It would be wonderful if [the industry] would come together with a proposal that they can submit… and we could then open a proceeding based on what they come up with.” Pepper said his working group hadn’t developed any possible solutions since it was created in Dec. to address social policy issues: “What we want to do is hear from the industry… about defining what the issues are, setting up an agenda of questions that need to be resolved, and then ask the industry about what the best ways are to solve those. So, we are still in the stage of defining specifically those questions.”