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adam at plexicomm.net
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 Posted: Mon Mar 17, 2008 3:54 pm Post subject: [asterisk-biz] USA Legal and regulatory issues |
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Hi. We've been offering VoIP service with our internet service and as I
understand that's ok because the FCC classified VoIP as an internet
service and so you didn't have to go through any regulatory procedure.
Correct me if I'm wrong on that please.
But where does the line get drawn?
I can lease T1's pretty cheaply, so if I lease a T1 to someone's
premises, plug their end into their PBX, and plug my end into my
asterisk box, am I now breaking the law?
Now if I lease the same T1 and run SIP across it would that magically be
ok?
Or do I actually have to install an internet connection and run SIP on that?
Does anybody really know what's legal and what isn't? Or rather, at
what point am I now a phone company and subject to regulation?
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trixter at 0xdecafbad.com
Guest
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| Posted: Mon Mar 17, 2008 4:13 pm Post subject: [asterisk-biz] USA Legal and regulatory issues |
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On Mon, 2008-03-17 at 16:45 -0400, Adam Moffett wrote:
| Quote: | Hi. We've been offering VoIP service with our internet service and as I
understand that's ok because the FCC classified VoIP as an internet
service and so you didn't have to go through any regulatory procedure.
Correct me if I'm wrong on that please.
|
Yes no, they basically did a power grab and while its not 100% yet they
are trying to get it so that only they can regulate it.
They have since passed a few policies which applies to all
"interconnected voip providers" which is defined somewhere in the CFR
(if you do bi-directional telephone via voip to end users you probably
qualify)
1. You must provide 911 service
2. You must have support for CALEA (wiretap) stuff
3. You must contribute to USF (I think that your contribution has to
exceed $10k annually or you are exempt, but not 100%)
#3 requires a 499 form, which will of course get you a 499 number. I am
also not 100% but I think you can just do the 499A (annual) and not
bother with the 499Q (quarterly).
So there are still some regulatory things that you have to do, but its
all mandated by the FCC, which is what they want.
| Quote: | But where does the line get drawn?
|
Generally it gets drawn if you are a customer or a peer. States have
their own BPU/PUC which regulates traditional telephone companies. If
you want to be a CLEC then you would have to go through the BPU/PUC (and
the feds a bit, you have to do 499 filings, and a few other things). If
you want to switch across LATAs then you would apply for IXC status
generally.
| Quote: | I can lease T1's pretty cheaply, so if I lease a T1 to someone's
premises, plug their end into their PBX, and plug my end into my
asterisk box, am I now breaking the law?
|
Technically no, the circuit would be a fixed non-switched line. I dont
think the states care that much since you are effectively a customer of
all the other phone companies.
This of course depends on the specific state in question, since they would
be regulating that. I am sure somewhere there is a state that would have
issues with that, if for no other reason than they could tax you differently.
--
Trixter http://www.0xdecafbad.com Bret McDanel
Belfast +44 28 9099 6461 US +1 516 687 5200
http://www.trxtel.com the phone company that pays you!
_______________________________________________
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asterisk-biz mailing list
To UNSUBSCRIBE or update options visit:
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cmazer at thinkingphon...
Guest
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| Posted: Mon Mar 17, 2008 4:35 pm Post subject: [asterisk-biz] USA Legal and regulatory issues |
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|
There are agent programs that can pay you a residual on the MRC to
provide your cleints with a hosted system. I would look for someone who
can give your clients QOS.
-----Original Message-----
From: asterisk-biz-bounces@lists.digium.com
[mailto:asterisk-biz-bounces@lists.digium.com] On Behalf Of Trixter aka
Bret McDanel
Sent: Monday, March 17, 2008 5:06 PM
To: Commercial and Business-Oriented Asterisk Discussion
Subject: Re: [asterisk-biz] USA Legal and regulatory issues
On Mon, 2008-03-17 at 16:45 -0400, Adam Moffett wrote:
| Quote: | Hi. We've been offering VoIP service with our internet service and as
|
I
| Quote: | understand that's ok because the FCC classified VoIP as an internet
service and so you didn't have to go through any regulatory procedure.
|
| Quote: | Correct me if I'm wrong on that please.
|
Yes no, they basically did a power grab and while its not 100% yet they
are trying to get it so that only they can regulate it.
They have since passed a few policies which applies to all
"interconnected voip providers" which is defined somewhere in the CFR
(if you do bi-directional telephone via voip to end users you probably
qualify)
1. You must provide 911 service
2. You must have support for CALEA (wiretap) stuff
3. You must contribute to USF (I think that your contribution has to
exceed $10k annually or you are exempt, but not 100%)
#3 requires a 499 form, which will of course get you a 499 number. I am
also not 100% but I think you can just do the 499A (annual) and not
bother with the 499Q (quarterly).
So there are still some regulatory things that you have to do, but its
all mandated by the FCC, which is what they want.
| Quote: | But where does the line get drawn?
|
Generally it gets drawn if you are a customer or a peer. States have
their own BPU/PUC which regulates traditional telephone companies. If
you want to be a CLEC then you would have to go through the BPU/PUC (and
the feds a bit, you have to do 499 filings, and a few other things). If
you want to switch across LATAs then you would apply for IXC status
generally.
| Quote: | I can lease T1's pretty cheaply, so if I lease a T1 to someone's
premises, plug their end into their PBX, and plug my end into my
asterisk box, am I now breaking the law?
|
Technically no, the circuit would be a fixed non-switched line. I dont
think the states care that much since you are effectively a customer of
all the other phone companies.
This of course depends on the specific state in question, since they
would
be regulating that. I am sure somewhere there is a state that would
have
issues with that, if for no other reason than they could tax you
differently.
--
Trixter http://www.0xdecafbad.com Bret McDanel
Belfast +44 28 9099 6461 US +1 516 687 5200
http://www.trxtel.com the phone company that pays you!
_______________________________________________
--Bandwidth and Colocation Provided by http://www.api-digital.com--
asterisk-biz mailing list
To UNSUBSCRIBE or update options visit:
http://lists.digium.com/mailman/listinfo/asterisk-biz
_______________________________________________
--Bandwidth and Colocation Provided by http://www.api-digital.com--
asterisk-biz mailing list
To UNSUBSCRIBE or update options visit:
http://lists.digium.com/mailman/listinfo/asterisk-biz |
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stotaro at totarotechn...
Guest
|
| Posted: Mon Mar 17, 2008 6:40 pm Post subject: [asterisk-biz] USA Legal and regulatory issues |
|
|
On Mon, Mar 17, 2008 at 5:06 PM, Trixter aka Bret McDanel
<trixter@0xdecafbad.com> wrote:
| Quote: |
On Mon, 2008-03-17 at 16:45 -0400, Adam Moffett wrote:
| Quote: | Hi. We've been offering VoIP service with our internet service and as I
understand that's ok because the FCC classified VoIP as an internet
service and so you didn't have to go through any regulatory procedure.
Correct me if I'm wrong on that please.
|
Yes no, they basically did a power grab and while its not 100% yet they
are trying to get it so that only they can regulate it.
They have since passed a few policies which applies to all
"interconnected voip providers" which is defined somewhere in the CFR
(if you do bi-directional telephone via voip to end users you probably
qualify)
1. You must provide 911 service
2. You must have support for CALEA (wiretap) stuff
3. You must contribute to USF (I think that your contribution has to
exceed $10k annually or you are exempt, but not 100%)
#3 requires a 499 form, which will of course get you a 499 number. I am
also not 100% but I think you can just do the 499A (annual) and not
bother with the 499Q (quarterly).
So there are still some regulatory things that you have to do, but its
all mandated by the FCC, which is what they want.
| Quote: | But where does the line get drawn?
|
Generally it gets drawn if you are a customer or a peer. States have
their own BPU/PUC which regulates traditional telephone companies. If
you want to be a CLEC then you would have to go through the BPU/PUC (and
the feds a bit, you have to do 499 filings, and a few other things). If
you want to switch across LATAs then you would apply for IXC status
generally.
| Quote: | I can lease T1's pretty cheaply, so if I lease a T1 to someone's
premises, plug their end into their PBX, and plug my end into my
asterisk box, am I now breaking the law?
|
Technically no, the circuit would be a fixed non-switched line. I dont
think the states care that much since you are effectively a customer of
all the other phone companies.
This of course depends on the specific state in question, since they would
be regulating that. I am sure somewhere there is a state that would have
issues with that, if for no other reason than they could tax you differently.
--
Trixter http://www.0xdecafbad.com Bret McDanel
Belfast +44 28 9099 6461 US +1 516 687 5200
http://www.trxtel.com the phone company that pays you!
|
Probably all the states shortly (maybe CA first) since all the coffers
are drying up and the one thing they really like to do is spend.
Getting OT, but I also expect internet sales tax to be across the
board too in a year or so. What a mess that will be.
Thanks,
Steve Totaro
_______________________________________________
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