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The Bells have argued since 1996 that the Communication Act
of 1934 (and as amended over the years) applied to VoIP. They took the
position that anything involving telephones constituted a telecommunication
service as regulated by the FCC and state PUC's. The VoIP industry took
the position that packet voice was sufficiently distinct from POTS to leave
it outside the jurisdiction of the Communication Act (i.e. unregulated).
The FCC and PUC's have largely agreed with the VoIP industry
and today companies don't need FCC or PUC permission to deploy VoIP.
HR 1542 removes the ambiguity by amending the Communication
Act to include definitions of Internet, Internet Access, High Speed Access,
and VoIP.
Once HR 1542 gets approved, all of the existing VoIP traffic
will become illegal until carriers register with the FCC and applicable PUC.
The FCC could decide to exempt VoIP traffic from reporting requirements, but
the Bells could go to court to force the FCC to take action.
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