Federal Appeals Court Sides With VoIP Providers 143
gollum123 writes "AP reports that the Eighth U.S. Circuit Court of Appeals has upheld a ruling by a lower court that A Minnesota agency may not regulate calls through VoIP as it does calls through traditional phone lines. 'The Minnesota Public Utilities Commission had argued that VoIP companies were providing phone-like service and therefore should be regulated as phone companies are. But those businesses said they provide an information service rather than a telecommunications service. This follows the FCC saying that VOIP cannot be regulated using the same rules as traditional phone.'"
load of bull? (Score:5, Insightful)
Re:load of bull? (Score:5, Insightful)
Clearly, the safest political move is to simply classify VoIP as not phone-related, thereby sidestepping the dicey issues that are really at play here.
Re:load of bull? (Score:2)
Re:load of bull? (Score:5, Insightful)
Re:load of bull?-Smells like a Bull. (Score:2)
Re:load of bull? (Score:3, Insightful)
Re:load of bull? (Score:2)
Ebay isn't an auction site, paypal isn't a bank (Score:3, Insightful)
Same goes for paypal, they get to dodge all the laws that regulate banks because they don't claim to be a bank, but an online transaction site or something.
I'm just thankful the government hasn't been able to tax the internet yet.
Re:load of bull? (Score:1)
I'd like to see laws expire after a predetermined amount of time, with a national review board populated by volunteers who determine if the law is still applicable given the current climate.
Such volunteers would be required to have working knowledge of the subjects up for review.
Of course this is a pure pipe dream, but it's something I would like to see happen. Unfortunately, bureacracy poisons everything it touches and
Re:load of bull? (Score:1)
Re:load of bull? (Score:1)
That's why Congress invented a little thing called an amendment. The amendment is used to not only add new lines but to remove obsolete lines of law. Let me give you a small example:
A favorite topic here on
Re:load of bull? (Score:1)
It doesn't matter how much ten people or a hundred bitch and moan about the injustice of new law, if a corporation is backing it with the promise of 200,000 dollars to a politicians election fund, who are they going to listen to.
Independent volunteers who can't profit or even be elected from their positions on a law review board mig
Re:load of bull? (Score:1)
Independent volunteers who can't profit or even be elected from their positions on a law review board might provide a system that has a less corporate bent."
Then why elect government officials if you are going to short circuit them with "Independant volenteers"? That is putting w
Re:load of bull? (Score:1)
Re:load of bull? (Score:1)
Doesn't stop them... (Score:5, Insightful)
Re:Doesn't stop them... (Score:5, Interesting)
But that would be wrong.
I work for a large cable company and we are adding VOIP to our line up as fast as we can provide the guaranteed up times mandated by the government. Like 99.99 uptime and independent power supply and such. And yes if your ticked at the cable company you can call the P.U.C
The funny thing is that so many people hate the phone companies so bad they will snap up the service as fast as it is available. The growth has to be slow to keep the network growing in front of the wave of people who hate phone companies bad enough to do nearly anything to get away from them.
They did it to themselves. Bad customer service is legendary with phone companies.
Re:Doesn't stop them... (Score:2)
Re:Doesn't stop them... (Score:2)
Which is fine. But suppose I only get connectivity from your cable company, and get VoIP from, say, Vonage. (Just an example, I'm not saying anything's wrong with them) And then suppose they charge me for some service I never signed up
Re:Doesn't stop them... (Score:2)
yes you do... ever heard of a "chargeback" ? Every single one of these voip companies has you pay via credit card.
Re:Doesn't stop them... (Score:2)
You pays your money you takes your chances.
Don't use a fly-by-night company and your set.
"And certainly the cable company would be no more liable than if I bought some other online service (like, say, video conferencing) and it went down."
Incorrect on two counts.
Cabl
Re:Doesn't stop them... (Score:1)
Re:Doesn't stop them... (Score:2)
Ha even the worst cable company out there would have to work night and day for decades to get close to phone companies.
Re:Doesn't stop them... (Score:1)
now, you said bad service is 'legendary'. I can't seem to remember any commonplace stereotypes about phone companies. I do point out that it is a common assumption in our society that the cable guy is never there when he said he'd be, having had the experience a few times myself. This commonplace stereotype is even the plot of an entire Sienfield episode
again, as far as phone companies go, I don't have anythin
Re:Doesn't stop them... (Score:2)
Fine granted, I do work for a cable company for the moment. However I can put my finger in the wind and see the direction it is blowing. And the first company that gets fiber to the door will win. End of story.
"now, you said bad service is 'legendary'. I can't seem to remember any commonplace stereotypes about phone companies"
Well I only know the rules that go in the company I work for. Two hour appointmen
Re:Doesn't stop them... (Score:2)
Heh cable companies have bad manners when it comes to burying cable as well. Some people have even been mad enough to run over the cable with the lawn mower.
Re:Doesn't stop them... (Score:2)
Re:Doesn't stop them... (Score:2)
Re:Doesn't stop them... (Score:2)
(Most people have cold shivers running up and down their spine at this point.) To be fair I have never dealt with Verizon. But they seem to be thinking that they can put the fiber in and get triple use out of the lines. Sell people Land line service high speed Internet access and Digital TV access through the same connection. And then bundle it together with their cell phone service cheaper then you can get it
anywhere
Re:Doesn't stop them... (Score:2)
Re:Doesn't stop them... (Score:4, Informative)
Exactly. This is not entirely good. It's good in that it gives the VoIP providers a bit more flexibility in what they can do, and where they can offer service, and what service they can offer. By the same token, there's nothing to stop a fly-by-nite VoIP provider from scewing everyone over.
Some states have regulations that currently prevent phone companies from turning service off completely in the case of non-payment (ie: you can still call 911). And they allow you to dispute a portion of the bill and pay the undisputed portion and still have no service cutoff until the dispute is resolved. Those regulations are among those that states would not be allowed to enforce under this ruling.
However, all the courts said is that you don't get to regulate VoIP in the same method as phone service. There's nothing to stop the states from setting up new regulations for "information providers", etc.
Re:Doesn't stop them... (Score:2)
Re:Doesn't stop them... (Score:2)
And as far as that goes, I don't even know that anyone uses the same hardware as us, o
Wiretap (Score:5, Interesting)
How does this desicion affect the rights of law enforcement to 'tap' VOIP communications? Has it now placed them outside the scope of a traditional wiretap? Does a traditional wiretap now encompass data? If not, Having the FCC and two courts backing this would make it pretty difficult for the feds to work around I think.
Re:Wiretap (Score:3, Interesting)
My indication so far is that this hasn't been required. However, the way to twist their arm has normally been to demand that they follow phone rules in order to bridge VoIP to phone. Basicly, that they would have to provide th
Re:Wiretap my ass... (Score:1)
Legalese in my favor for once. (Score:2, Funny)
I don't care what they decide to call it. I'm just glad it's dirt cheap.
Good news... (Score:5, Insightful)
Regulating VoIP can only make criminals out of those who desire privacy.
This could be a bad thing. (Score:5, Interesting)
Every time we were jerked around by our ILEC or CLEC providers, we could give the PUC and IURC a call and the problems would usually be solved post haste. A call to our account rep suggesting we would report an incindnet to the PUC would bring swift service indeed.
See, we alone couldn't do anything to SBC/Ameritech or Time Warner Telecommunications (or our other CLECs), but the PUC and IURC could "get their regulatin' on" and slap them around with big fines for not providing the promised service, breaking rate tarriffs, etc.
Sure, you can much more easily choose a different VoIP provider than you can a POTS provider, but how long before market consolidation leaves only one or two real VoIP choices? What happens when they start to pull similar BS that the ILECs and CLECs do but aren't regulated by the FCC?
I'm not generally in favor of governmental regulation, but sometimes a little oversight isn't a bad thing. If they want to act like utilities, let them be treated like utilities since we know the markets will converge and consolidate anyway towards only 1 or 2 big national players.
Re:This could be a bad thing. (Score:5, Interesting)
Re:This could be a bad thing. (Score:2, Interesting)
Who's going to pay SBC if we're all paying VoIP providers for our voice communications? What happens when SBC says, sorry we can't afford/don't care to fix the broken lines in your neighborhood?
Re:This could be a bad thing. (Score:1)
Actually, it doesn't [wikipedia.org].
Re:This could be a bad thing. (Score:2)
Re:This could be a bad thing. (Score:2)
Re:This could be a bad thing. (Score:2)
Re:This could be a bad thing. (Score:2)
Re:This could be a bad thing. (Score:1)
Re:This could be a bad thing. (Score:2)
umm.... your letters don't match... try "Federal Communications Commission"
Re:This could be a bad thing. (Score:2)
My guess is never. The VoIP market doesn't show any sign of being a natural monopoly the way the telephone market is. Economies of scale won't win you very much past a certain point, so there's no reason it would ever get to the point you describe.
Re:This could be a bad thing. (Score:3, Interesting)
The only T1 provider in which we came to love those last couple of years was Sprintlink. They were helpful, nicer'n an
Club v Bat (Score:2)
Wait, is it a club or a bat?
Re:This could be a bad thing. (Score:2)
Here's the thing, the taxes are all mostly bull shit anyway. The USF fee (Universal Service Fee) which has been collected on all data and voice lines since the telecom deregulation in
Re:This could be a bad thing. (Score:2, Insightful)
The phone company is mandated to pay the USF.
The FCC does not require companies to recover their contributions directly from their customers. Each company makes a business decision about whether and how to assess customers to recover Universal Service costs.
The company is mandated to pay the USF. What you quoted says they don't have to list it as a line item on your bill, essentially, not that they aren't required to pay the USF. So they have an option between giving you a lower bill, and putting a
The difference between a tax and a levy (Score:1, Insightful)
Is that a fact? Got any examples? Your entire post talks about taxes, when what you are describing are levies.
The tax that everyone paid into, which was supposed to go to support schools and community access to the Internet, has never been paid out.
Sorry, what?
Taxes *DON'T* get "paid out" - if what you are describing is truly a tax, then it goes to the government, period. It doesn't get "paid out", it becomes part of general revenue.
More importantly, it's no
The article was somewhat sparse in details.. (Score:2)
Right now, it seems that only the FCC has the authority to regulate. I just hope that when there is an emergency I will be able to get connected to a dispacher quickly.
Re:The article was somewhat sparse in details.. (Score:1)
FWIW, I did the math on the odds that I will call 911. Although I have yet to use 911 during the better part of the last three decades, I know I that I use VoIP at my own risk. They say they may not be able to provide 911 service in the event of a power outage.
At any rate, I have discontinued my traditional phone service.
Re:The article was somewhat sparse in details.. (Score:2)
In dire circumstances, it is sometimes the only thing one can rely on.
Re:The article was somewhat sparse in details.. (Score:2)
That, and your Colt
Re:The article was somewhat sparse in details.. (Score:2)
A local radio personality here (former lawyer, something he liked better than divorce law) described a car accident he was in recently, no-one was hurt but both cars were totaled (though his still drove) and he called 911 and got an automated on hold, followed by 'Oh that's another jurisdiction' twice before the local municipality answered after a 5 min auto-hold. Now this was likely exagerated by his calling on a cell, but even when he reached the right 911 center he went straight in
Re:The article was somewhat sparse in details.. (Score:2)
It doesn't matter how willing to deal with a crisis someone is in dire circumstances. Otherwise the circumstance probably wasn't dire. I never said our dispatching services are top notch, just that they are important.
it's still NOT a substitute for being willing to deal with a crisis yourself
What if the car wreck was in a rural area? The driver completely trapped, losing blood and conciousness. I imagine the driver would certainly want to get in touch with a dispatcher p
Re:The article was somewhat sparse in details.. (Score:2)
Yes there are times when self reliance won't cut it.
But in several of your examples a five minute automatic on-hold means your dead and that's it.
And sometimes there is nothing you can do at all.
As I said 911 is not a substitute, I did not say it was useless, In fact I said it's better than what came before: call operator, ask for police/fire/ambulance/whatever, then give them directions and description.
So yeah somtimes you only have 911 and somtime
the 911 issue (Score:3, Interesting)
My only issue is that of 911 calls. Like one poster mentioned about location (sorry, Quantumriff [slashdot.org] but it's a good one) , if I lived in LA but had a New York area code then visited relatives in New Mexico, how would the 911 issue be fixed?
They don't have to provide this service at all (to the best of my knowledge) but if they had to/or are willing here's what I suggest.
Make it based on IP/range etc. When you plug in and log-on, have a dialog setup for voluntary or manditory address insertion before you can use the phone. Shouldn't take too long right? That way your info can be transmitted via the VoIP service to the 911 center and have the correct information.
Once you plugged in again to the system, you can opt to have that information perminantly deleted or kept in your account for future if it's a frequented place of yours.
Does that sound viable? Opinions please!
-zoloto
Re:the 911 issue (Score:2)
Just to clarify.
You don't solve a thing... (Score:3, Insightful)
Maditory address insertion is absurd at best. Some insane scheme of madatory GPS would be more realistic but probably just as easy to spoof/bypass.
How do cell phones do 911? I guess they can at least tell what tower the device is connected with.
Re:You don't solve a thing... (Score:2)
But you can't... (Score:2)
Re:But you can't... (Score:2)
Re:You don't solve a thing... (Score:1)
See you soon!
Re:You don't solve a thing... (Score:2)
Re:You don't solve a thing... (Score:2)
The right metro area is as good as you get with cellphones, too, so that's at least "good enough". We cannot identify the location of every IP but a lot of addresses wi
Re:the 911 issue (Score:1)
Enhanced 911 (E911) services are available from most (if not all) serious VoIP players.
E911, which emerged as a mandate for cell providers, includes location information in the signalling stream.
How Vonage handles 911 (Score:1)
This is how Vonage Handles 911 Dialing [vonage.com]. Basically, you have to activate it by telling them your phisical address. Once you do, 911 calls are directed to a Public Safety Answering Point (PSAP) in your area -- when I tested it, they answered "911 Emergency Services" and knew exactly where I was.
This seems like a reasonable way to do things for people like myself who don't relocate with my VoIP box. However, the question of people who do relocate frequently is a good thing to consider. I believe (although I
Interesting... (Score:2)
Thought manditory/almost manditory information insertion isn't absurd, just annoyance at best if you have no other way to dial 911.
Regulating/taxing VoIP is a bad bad thing (Score:4, Insightful)
Re:Regulating/taxing VoIP is a bad bad thing (Score:2)
In order to subscribe to Roadrunner, I had to sign a lengthy contract. This contract states, basically, that I can do anything I want with their network, as long as I don't do very much of it, it doesn't piss anyone off or break any hairbrained laws, and that they'll be happy to disconnect service for
Re:Regulating/taxing VoIP is a bad bad thing (Score:2)
That's not exactly what's usually meant by free market, it's more like a monopoly (which can arise in a free market, but that's not usually the case with cable).
I'll agree that some regulation to prevent fraud and monopoly is good, but otherwise I'm very sceptical of regulation.
Of course if IIRIncorrectly and ro
Re:Regulating/taxing VoIP is a bad bad thing (Score:2)
The free market exists, because around here, Time Warner'a Roadrunner service (and the shirt-tailing "competitive" providers like Earthlink) gets to compete with, at least, the following:
- DSL from any of almost all of the national vendors
- Wireless service from several local/regional WISPs
- Satellite
- The fuckton of local dialup providers
- The bigger fuckton of national dialup providers
- Verizon 1x cellular service
- ISDN
- A large and random smatteri
Re:Regulating/taxing VoIP is a bad bad thing (Score:2)
Somtimes regulation to prevent monopoly or abuse is necessary. But don't expect it to mandate quality or reliability anywhere near what market forces can eventually do. The problem right now is more people want broadband than can get it in many areas meaning no matter how bad thier terms are they KNOW they can sell more than they can provide. When an ar
Time to change (Score:4, Insightful)
It's time we change the way we think about these utilities and start removing some of these outdated regulations.
Currently (here in Canada at least) I can get telephone, cellphone and high speed internet from my cable television supplier, or I can get cellphone, television and high speed internet from my telephone company, or I can even get most of the above through a number of independent smaller companies, usually through a wireless antenna or satellite dish.
With all of these options on equivalent services, these regulations and their outdated definitions no longer make sense.
Phone taxes originated with Spanish American War (Score:1)
There are a few websites out there like this one http://riseup.net/nacc/telephone.htm [riseup.net] that tell you how to avoid paying landline telephone tax. If they do decide to tax VOIP, just do the same thing. If someone comes back and says my VOIP tax money is needed to fight our
What do we do about abuse now? (Score:2, Interesting)
They seem to be calling my house 3-4 times a day every single day, sometimes leaving a messege, other times not. They start their prerecorded messege before my machine is even done with it's announcement. It's a machine calling, and leaving a messege.
You may be asking why a paperback book club would be making automated calls to me, well, they're not! It's a
Re:What do we do about abuse now? (Score:1)
Don't want calls from a bill collector faking it as TQPC? Use a firewall. Find out what subnet / IP range they are calling from and block it.
Better yet, setup a freely available VOIP PBX solution, and drop them into a never-ending honeypot. Let 'em play with that for a while.
Or... If you can find out what service they are using, shoot an email off to them about how you're not interested in purchasing a book. Use your imagination. Could be fun.
VOIP puts the control in
Re:What do we do about abuse now? (Score:1)
Re:What do we do about abuse now? (Score:1)
As far as paying the bills, I do. Utility bills and such at least. The one that's bothering me is calling about a 10 year old sprint bill that I'd swear was paid 10 years ago. It's now up to $1,200 after all their fees. Last I talked to them, I was going to try and pay them as soon as possible.
Also have some medical bills from being in the emergency room from an asthma attack last winter, and other problems. Who can afford those?
Re:What do we do about abuse now? (Score:2)
Also most hospital emergency rooms are in hospitals that are publicly funded. As such they can only bill you a limited amount, if any, if your income is below certain levels.
You can probably tell
Re:What do we do about abuse now? (Score:2)
Pardon the length, but it's the law (or at least the main one) debt collectors in the US are under.
Again I'm no expert or Lawyer, but this should give you a clue of where to begin when talking to a real lawyer, which I suggest.
Mycroft
Do you owe the money? If not, call the media! (Score:2)
On the other hand, if you do owe the money then suck it up and write a check. :-)
VoIP, Cellular, WiFi, Internet, & Flat Rate (Score:1)
What good are the phone lines nowadays? I'd rather have wireless internet.
Let's look at current pricing structures:
rip of the customer pricing
long distance - charged per call based on distance and time (could be $$/min!!)
cellular phone - charged per call based on estimated number of minutes and plan (could be $$$/min or >$200/mo)
cellular data plans - very few are all-you-can-eat - most c
Re:VoIP, Cellular, WiFi, Internet, & Flat Rate (Score:2)
Don't Celebrate (Score:2)
VoIP not really a phone - more reasons (Score:3, Informative)
2. A normal phone can be a simple piece of electronics not subject to computer failure modes.
3. Phone service is circuit switched and reliable. VoIP is packet switched, and thus has much less reliability.
4. 911 doesn't work well over VoIP.
5. Even if it did, problems 1-3 would make it something you can't rely on.
6. People should always have a land line for emergencies. If an emergency occurs and they onle have a VoIP and/or cell and they might suffer tragedy.
Loss of phone service is expected to endanger life in many cases. It needs to be regulated.
Loss of VoIP should not be expected to do so, except if people choose to rely on it and not have a landline.
Re:VoIP not really a phone - more reasons (Score:2)
Re:VoIP not really a phone - more reasons (Score:2)
Happened both at home and at work.
Home UPS slowly lost capacity until one day it dropped a load after less than a minute instead of 20 minutes like it should have. Luckily I was only testing.
At work, the UPS FRIED right around when the power went out.
Re:VoIP not really a phone - more reasons (Score:1)
Federal Law [fcc.gov] requires the telcos to provide dial tone and 911 [911dispatch.com] service even if the customer is not a customer i.e. not paying. Any phone that has dial tone does have 911 access.
So turn off the telco and make use of that bandwidth.
-Telco Socialist Tax free since 2003-
911 Service (Score:1, Interesting)
Now the roaming VoIP boxes would be a lot more complicated, but if you register it when you get it, they can find you quickly.
Netmeeting anyone??? (Score:1)
The way I look at the issue is thus:
(Almost) Everyone who has Windows, has Netmeeting. M$ gave it away for free.
If you run open source, there's OpenH323 [freesoft.org].
If you can't make this work, I probably don't want to talk to you anyways. Sure cuts down on the telemarketers!
______________________________
Paranoia is a state of mine...
Re:Laws? (Score:4, Informative)
It's simple. The more things they regulate, the more power they have, the more people they need and the bigger their budgets get.
Laws?-Humanity hates "NO". (Score:1, Insightful)
Because of that inevitable quality known as "progress". The airplane was "new" at one time. The car was "new" at one time. Nuclear plants were "new" at one time. Why do you expect progress to be inevitable, while the legislative and legal system to be stagnent?
"It's simple. The more things they regulate, the more power they have, the more people they need and the bigger their budgets get."
The cynics answer, but when ap
Re:Laws?-Humanity hates "NO". (Score:2)
Re:Laws? (Score:1)
It was _implored_ to do so by *private sector* Access/Termination-Fee & TDM Circuit-Switch Lovin' Telcos who were seeking to protect their legacy business model and long-established revenue streams.
VoIP was no skin off the guv'ments nose until the RBOCs started screaming bloody hell.