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FCC
Voice Over Internet Protocol (VoIP) Forum
Undocketed
The
purpose of the FCC's December 1, 2003, VoIP Forum was to gather information
concerning advancements, innovations, and regulatory issues
related to VoIP services. The DOJ, FBI, and DEA
submitted joint comments to the Forum on December 15, 2003. These
comments, along with other parties' submissions, are available
to the public. For further information regarding the Forum,
please visit the FCC
VoIP Forum website.
FCC
Broadband Proceedings
CC
Docket No. 02-33
CC Docket No. 95-20
CC Docket No. 98-10
CS Docket No. 02-52
In a
Notice of Proposed Rulemaking FCC
02-42 released on February 15, 2002, the FCC initiated a
proceeding to establish rules and regulations regarding the
classification of "wireline broadband Internet
access" under the Telecommunications Act. Digital
Subscriber Line (DSL) service is an example of wireline
broadband Internet access. In this document, the FCC
"tentatively" decided that wireline broadband
Internet access is an "information service."
In
a Declaratory Ruling and Notice of Proposed Rulemaking FCC
02-77 released on March 15, 2002, the FCC made a
"declaratory ruling" that cable modem service
(Internet access through cable TV lines) is an
"information service" under the Telecommunication
Act and initiated a proceeding to establish rules and
regulations based on that finding.
Therefore,
the FCC's pending wireline broadband Internet access
proceeding is CC Docket Nos. 02-33, 95-20, and 98-10 and the
cable modem broadband Internet access proceeding is CS Docket
No. 02-52 (collectively the “FCC Broadband Proceedings”).
It
should be noted that the FCC is not primarily focusing on
CALEA in these proceedings, rather its emphasis is on the
economic and policy concerns involved in regulation of these
services under the Communications Act. However, since
CALEA exempts "information service" from the
surveillance capability requirements of Section 103, these FCC
decisions have the potential to exclude broadband DSL and
cable modem service from CALEA compliance.
The
FBI filed the following comments in the Broadband Proceedings:
Pay-Per-Call
Proceeding
CC
Docket No. 96-146
On May 25,
2003, the FBI
filed reply comments in the FCC
pay-per-call proceeding in which the FCC is considering whether to modify the pay-per-call rules adopted
pursuant to the Telephone Disclosure and Dispute Resolution
Act of 1992. In its comments, the FBI sought clarification that wireless
broadband voice services are "telecommunications
services" subject to CALEA.
Pulver.com's
Free World Dialup Petition
WC
Docket No. 03-45
On
February 5, 2003, Pulver.com filed a Petition
for Declaratory Ruling with the FCC requesting that its
point-to-point broadband VoIP service be designated as an
"information service" under the Communications Act.
On February 14, 2003, the FCC released Public
Notice DA 03-439 which established a
pleading cycle for comments regarding Pulver.com's Petition. The
DOJ and FBI filed
joint comments in the proceeding on March 14, 2003.
Vonage
Holdings Corporation Petition
WC
Docket No. 03-211
On
September 26, 2003, the FCC released Public
Notice DA 03-2952 regarding Vonage Holdings Corporation's (Vonage)
Petition
requesting that the FCC preempt an order of the
Minnesota Public Utilities Commission requiring Vonage, and
its VoIP service offering, to
comply with state laws governing telecommunications carriers. The
DOJ and FBI filed
joint comments on October 27, 2003, opposing Vonage's petition. On November
24,
2003, the DOJ and FBI filed
joint
reply comments in this proceeding in response to other
parties' comments.
BellSouth's
Emergency Request for Declaratory Ruling
WC Docket No. 03-251
On
January 15, 2004, the DOJ,
FBI, and DEA (together "Law Enforcement") filed
joint comments opposing an Emergency Request for
Declaratory Ruling filed by BellSouth Telecommunications, Inc.
("BellSouth") before the FCC. In its petition,
BellSouth requested that the FCC issue a ruling preempting
state public utility commission decisions that require
BellSouth to provide wireline broadband Internet access and
DSL access services to BellSouth's local exchange carrier
competitors. Law enforcement opposed BellSouth's petition
based on concerns that this could have a negative impact on
the ability of federal, state, and local law enforcement to
conduct lawfully-authorized surveillance under CALEA.
Level
3 Communications LLC’s Petition for Forbearance
WC Docket No. 03-266
On March
1, 2004, the DOJ,
FBI, and DEA (together "Law Enforcement") filed
joint comments expressing no opinion regarding the merits
of Level 3’s petition. However, law enforcement urged the
FCC not to make any pronouncement that would put CALEA’s
applicability to broadband telephony services into question,
including any statement that Level 3’s “voice-embedded IP
communications” are “information services” under the
Communications Act.
Petition
of SBC Communications Inc. for Forbearance of Title II Common
Carrier Regulation to “IP Platform Services”
WC Docket No. 04-29
On May
28, 2004, the Department of Justice filed comments supporting
the Commission’s use of forbearance authority to remove
Communications Act obligations to the extent the Commission
believes such obligations to be inappropriate, although DOJ
expresses no opinion on particular forbearance decisions that
the Commission might make. The Commission must recognize,
however, that section 10 does not allow the Commission to
forbear from enforcement of CALEA. CALEA’s obligations apply
to all providers of IP networks and to many providers of IP
services and applications, as outlined in DOJ’s pending petition
for rulemaking.
In
the Matter of IP-Enabled Services
WC Docket No. 04-36
On May
28, 2004, the Department of Justice filed comments which
recognized that issues of CALEA applicability are distinct and
reserved for the separate CALEA Rulemaking
Petition, we urged
that the Commission consider implications of actions in this
proceeding to its ability to effect its stated goal that CALEA
apply expansively -- i.e., to VoIP and other IP-enabled
services. We appreciate the Commission’s recognition and
support for law enforcement’s important mandate to maintain
public safety.
The
Department of Justice filed
reply comments under WC Docket Nos. 04-29 and 04-36 on
July 14, 2004. In its comments the law enforcement community
stated that IP-enabled services hold tremendous promise for
the American economy, and the DOJ fully supports the
Commission’s undertaking of this important task of
considering the proper role for the Commission with regard to
such services. The DOJ also wants to encourage
entrepreneurship, innovation, and widespread deployment of
technologies that make Americans more productive. At the same
time, it is important to keep in mind the critical task of
protecting our citizens. With these goals in mind, the DOJ
urges the Commission to act in the best interests of all
Americans by imposing only those regulations necessary to
accomplish important public policy goals such as the
protection of public safety, national security and privacy
concerns.
On June
3, 2005, the FCC released its First
Report and Order and Notice of Proposed Rulemaking FCC 05-116.
In this Order, the Commission adopted rules requiring
providers of interconnected voice over Internet Protocol
(VoIP) service to supply enhanced 911 (E911) capabilities to
their customers. The characteristics of interconnected VoIP
services have posed challenges for 911/E911 and threaten to
compromise public safety. Thus, the FCC required providers of
interconnected VoIP service to provide E911 services to all of
their customers as a standard feature of the service, rather
than as an optional enhancement. The Commission further
required them to provide E911 from wherever the customer is
using the service, whether at home or away from home. The FCC
made no findings regarding whether a VoIP service that is
interconnected with the PSTN should be classified as a
telecommunications service or an information service.
The FCC published a notice on July 27, 2005, at 70
Fed. Reg. 43323 (2004) that states that the Office of
Management and Budget (OMB) has approved the extensive
information collection mandates contained in the FCC's VOIP
E911 Order.
Fiber
to the Premises Broadband Service
WC Docket 04-242
On July
22, 2004, the Department of Justice filed
comments stating that Verizon's fiber-to-the-premises (FTTP)
broadband service, like any other broadband-access service,
must comply with CALEA. DOJ took no position on whether the
FCC should require Verizon's FTTP broadband service to be
subject to unbundling, tariffing, or cost-justification
requirements or any economic regulation. DOJ stated that it
understands Verizon's desire to resolve issues concerning its
provision of FTTP broadband service as soon as possible and
urges the Commission to make those decisions in a manner that
eliminates doubt about the applicability of CALEA.
Wireless Broadband Task Force Report
GN Docket No. 04-163
The Department of Justice filed
comments with the FCC on April 22, 2005, requesting that
the Commission continue to preserve the vital national
security and criminal law enforcement capabilities of CALEA as
it develops a deregulatory framework for wireless broadband
Internet access services.
Cellular Telephones and Other Wireless
Devices Aboard Aircraft
WT Docket No. 04-435
On May 26, 2005, the Department of Justice and the Department
of Homeland Security
filed comments
with the FCC regarding the Commission's proposal to modify and
relax its current ban on the airborne use of
personal/passenger-owned wireless telephones and other devices -
including those used for broadband applications. The Departments
believe the Commission's proposal represents a significant
change in the FCC's approach to the use of such devices aboard
aircraft. The proposal raises not only regulatory and
technical/operational issues, but also important public safety
and national security issues.
Service Rules and Procedures to Govern
the Use of Aeronautical Mobile Satellite Earth Stations in
Frequency Bands Allocated to the Fixed Satellite Service
IB Docket No. 05-20
The Department of Justice and the Department of Homeland
Security filed
comments with the FCC on July 5, 2005, supporting the Commission’s efforts in this and related Commission
proceedings to promote the efficient use of spectrum and to
enable important new communications services to be provided to
passengers, aircraft crew, and law enforcement officers on
board aircraft. The Departments take this opportunity,
however, to identify for the Commission various public safety
and national security related concerns that stem from the
Commission’s proposals. The Commission should carefully
examine public safety and national security-related concerns
in considering the appropriate regulatory and licensing
framework for the use of two-way satellite-based broadband
communications and data capabilities, devices, and services
onboard aircraft.
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