FCC OKs VoIP Parity on Fees
FCC members voted unanimously Friday to confirm a declaratory ruling clarifying that state, local and tribal governments may not impose higher 911 fees for VoIP than traditional telecom voice services that have the same outbound 911 calling capacity. The ruling…
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in docket 19-44 answers a referral from the U.S. District Court for the Northern District of Alabama on litigation between AT&T's BellSouth and some Alabama 911 districts (see 1910210080). Commissioner Jessica Rosenworcel said her vote was a close call because the interpretation superseded "language from a 2005 FCC decision that invited 911 authorities 'to explore other means of collecting' 911 fee assessments when it comes to IP-enabled voice services, just as state authorities in Alabama had done." Those "who use VoIP shouldn't pay more for 911 services," said Commissioner Brendan Carr. The 2008 New and Emerging Technologies 911 Improvement Act doesn't allow such disparate treatment, Chairman Ajit Pai said. "The 'same class of subscribers' cannot be forced to pay more in total 911 charges for VoIP services than for comparable non-VoIP services. This is the only plausible reading of the law." Pai said the order will provide examples of discriminatory 911 fee structures to assist the referring court "and other courts overseeing similar litigation around the country." Rosenworcel also wants next-generation 911, noting it could cost $9.5 billion-$12.7 billion to deploy nationwide, "worth every penny." She wants NG-911 funding as a "core feature of any infrastructure Washington takes up in the future." AT&T Executive Vice President-Regulatory and State External Affairs Joan Marsh said the company supports the FCC's action to protect VoIP services "from discriminatory treatment." NCTA appreciates the commission's decision clarifying that "VoIP customers should not be required to pay more in 911 fees than customers of legacy voice services."