Reply Comments to the Federal Communications Commission (FCC)
Regarding IP-Enabled Services

Before the
Federal Communications Commission
Washington, DC 20554

REPLY COMMENTS OF
THE ALLIANCE FOR PUBLIC TECHNOLOGY
Alliance for Technology Access
American Associa tion of People with Disabilities
American Corn Growers Association
American Federation of Labor-Congress of Industrial Organizations
American Foundation for the Blind
American Library Association
Association of Tech Act Projects
Communication Service for the Deaf
Communications Workers of America
Community Action Partnership
Deaf and Hard of Hearing Consumer Advocacy Network
Delta State University Center for Community and Economic Development
Department for Professional Employees, AFL-CIO
Gray Panthers
Independent Living Network
Institute for the Study of Politics and Media at California State University, Sacramento
Justice and Witness Ministries, United Church of Christ
Latino Education Project
MAAC Project
MultiCultural Collaborative
National Association of the Deaf
National Association of Development Organizations
National Consumer Law Center on behalf of its low-income clients
National Grange of the Order of Patrons of Husbandry
National Urban League
Northern Virginia Resource Center for Deaf and Hard of Hearing Persons
Public Utility Law Project of New York, Inc.
Rehabilitation Engineering Research Center on Telecommunications Access
Self Help for Hard of Hearing People Telecommunications for the Deaf, Inc.
Telecommunications Research and Action Center
The Arc of the United States
United Cerebral Palsy
World Institute on Disability

Arturo Gandara
Chair, Public Policy Committee
Alliance for Public Technology
919 Eighteenth Street, NW Suite 900
Washington, DC 20006

Table of Contents

Introduction......................................click here

Regulations Must Be Technology Neutral.......................click here

Carriers Should Be Subject to Social Obligations Regardless of Service Definition....click here

Universal Service Should Apply to Vo IP Services..................click here

VoIP Services Should Meet Obligations to Ensure Access by People with Disabilities..click here

VoIP Providers Should Meet Public Safety Requirements................click here

FCC Should Require VoIP Providers to Meet Consumer Protection Obligations.....click here

Regulations Must Promote Access and Deployment................click here

Conclusion.....................................click here

Attachment: Joint Commenters............................click here

Introduction

The Alliance for Public Technology (APT) and the undersigned organizations ("joint commenters") submit these reply comments for the above-captioned Notice of Proposed Rulemaking (NPRM) regarding services and applications making use of Internet Protocol (IP), including but not limited to voice over Internet protocol (VoIP) services (collectively, "IPenabled services"). As noted in our initial, May 28, 2004 comments, APT is a nonprofit organization comprised of public interest groups and individuals that has been highlighting the need for ubiquitous deployment of advanced telecommunications services throughout our nation since 1989.

In its May 28th Comments, APT outlined recommendations for how the Commission can achieve the appropriate balance between minimal regulation to spur ubiquitous access and deployment of IP-enabled services and the need to safeguard the public interest. In short, we stressed the need for the Commission to ensure that all providers of voice services, regardless of the technology over which the service is delivered, meet the social obligations of universal service, disability access, public safety and consumer protections by adopting the following principles:

1. Regulations must be technology neutral.
2. Carriers should be subject to social obligations regardless of service definition.
3. Universal Service should apply to VoIP Services.
4. VoIP Services Should Meet Obligations to Ensure Access by People with Disabilities
5. VoIP providers should meet public safety requirements.
6. FCC should require VoIP providers to meet consumer protection obligations.
7. Regulations must promote access and deployment.

Commenters-from industry to regulatory agencies to consumer advocates-supported many of the sound, social obligations that APT highlighted to promote the deployment of VoIP for the benefit of consumers.

Regulations Must Be Technology Neutral

APT is on record for emphasizing the harm to consumers that would result if the regulations are not technologically neutral. Specifically, IP-enabled service providers would be at a competitive advantage and would have little incentive to meet "unprofitable" social program obligations.

Many commenters share the view of APT that all IP-enabled services be technology neutral and subject to the same rules based on how they offer the service and how they connect to the network. For example, Avaya, Inc. asserts that "Going forward, the Commission should recognize that a call is a call and that all competing voice services generally should be treated the same.. For the first time, VoIP brings 'telephone' and 'computer' companies into the same market to compete with each other, and the Commission generally should apply the same regulations to all providers of IP-enabled voice services." The City and County of San Francisco also argues that the regulatory playing field should be equal for all providers of voice grade service as a consistent Commission policy and asserts that treating services differently would encourage providers to "evade regulation by switching to IP technologies, and the survival of the underlying programs and accessibility protections will be at risk."

Carriers Should Be Subject to Social Obligations Regardless of Service Definition

In its May 28th comments, APT urged the Commission to embrace the term "advanced telecommunications capability," found in Section 706 of the Telecommunications Act of 1996 for the classification of broadband services, rather than squeeze new services into old definitions. Similarly, the Rehabilitation Engineering Research Center on Telecommunications Access (RERC-TA) asserts that neither telecommunications services or information services is appropriate and "could result in eliminating protections for people with disabilities as well as creating confusion and ambiguity for consumers, product developers and even regulators."

Regardless of the service definition, APT agrees with several commenters that functionality should determine the regulatory approach. The Communications Workers of America (CWA), for example, maintains that failure to ensure that all providers of voice telephony services meet the social obligations imposed on telecommunications carriers "would undermine important goals that Congress mandated in the Telecommunications Act of 1996 and the Commission has incorporated in its rules including universal service support, access for people with disabilities and public safety requirements."

A few Commenters, however, made the short-sighted claim that market forces would provide consumers with better protections than regulatory mandates. Indeed, Commenters such as United Telecom Council/ United Powerline Association, CTIA , Net2Phone, Inc. and Level 3 claim that the best way to ensure innovation while protecting consumers is through the Commission's continued support of voluntary industry efforts. For example, Net2Phone, Inc. asserts that it is developing its own 911 solutions and that the existing 911 system is seriously antiquated and should be modernized in order to incorporate new technologies. APT appreciates the sentiment of creating a regulatory atmosphere that allows innovation and competition to flourish, but safeguards for consumers are too important to be left to the uncertainties of the marketplace.

Universal Service Should Apply to Vo IP Services

The National Consumers League, the Rehabilitation Engineering Research Center on Telecommunications Access and Communication Service for the Deaf point out our nation's historic commitment to universal service and the need to protect it as IP-enabled services proliferate. Their comments underscore APT's assertion that the public switched network is still the backbone of this country's communications, and as more consumers migrate from traditional wireline carriers to VoIP carriers the revenues that are currently assessed to support universal service will decline substantially. Without appropriate regulatory measures to include contributions to universal service from IP-enabled voice service providers, universal service support will be severely weakened.

The Communications Workers of America also points out that if all VoIP and IP-enabled service providers are not subject to Section 254 requirements and Commission rules for universal support, "as more and more traffic migrates to IP networks, the universal service system of support will not be sustainable. Those that receive support from the fund, including carriers in high-cost rural areas, low- income consumers, and schools, libraries, and rural health care centers, will all see universal service subsidies dry up and prices will rise." CWA also points out that "as the lines between IP-enabled voice and data services blur, it will become increasingly difficult to differentiate voice from data services for assessment of universal service contribution. The Commission should therefore exercise its permissive authority to require all IP-enabled service providers, including both facilities-based and non- facilities-based IP-enabled service providers, to contribute to universal service support."

VoIP Services Should Meet Obligations to Ensure Access by People with Disabilities

Many commenters also agreed with APT that the provisions of Section 255 of the Telecommunications Act of 1996, that mandate the accessib ility and usability of telecommunications services for people with disabilities, must apply equally to VoIP. The Alliance rejects the MCI suggestion that even when the FCC has jurisdiction, there is no need for extensive regulation of disability access for IP-enabled services as a matter of policy.

APT shares the view of the American Foundation for the Blind that "Voluntary measures and market-based approaches have not, and will not, ensure reliable access to IP-enabled communication for people with disabilities. Thus, the proper role for the Commission is to establish enfo rceable requirements that ensure a reliable opportunity for equal access for people with disabilities."

As the Rehabilitation Engineering Research Center on Telecommunications Access further states:

.events have proven, time and again, that the mere proliferation of a particular service through competition in the marketplace is insufficient to take the place of regulation to safeguard the interests of people with disabilities.

Given the failure of the competitive marketplace to ensure disability access, the only way that people with disabilities will truly reap the benefits of IPenabled services is if the FCC adopts mandates that require service providers to provide that access. These mandates must extend both to the IP-enabled services themselves and the equipment used to access those services. Universal access to equipment is needed not only to enable consumers to purchase accessible devices for their home use; it is equally important that these individuals be able to use IP devices in their places of work, hotels, and other locations to which they might travel. This will be especially critical in emergency situations, where individuals do not have the ability to select among devices, but rather must be able to operate the phones they encounter.

The Commission must also apply Section 225 to IP-enabled service providers. Specifically, APT agrees with Communication Service for the Deaf that VoIP carriers must meet obligations equivalent to other voice telecommunications carriers with respect to contributing funds that support Telecommunications Relay Services (TRS).18 TRS is designed to ensure that people with hearing and speech disabilities have telecommunications service that is functionally equivalent to voice telecommunications services.

VoIP Providers Should Meet Public Safety Requirements

As stated in our previous Comments, the Commission must also ensure that VOIP providers are subject to the same requirement to provide E-911 services to customers as are other telecommunications providers. As with the wireless industry, VoIP providers are unlikely to invest in finding and then implementing technical solutions for providing E-911 service unless they are mandated to do so.

Indeed, the National Consumers League points out that:

Emergency service personnel must be able to have accurate callback and location information. Consumers who substitute VoIP for their current telephone services will reasonably expect that they can dial 911 and get the help they need, immediately..Voluntary agreements and cooperative arrangements between VoIP providers and public safety organizations are laudable, but they do not guarantee that full E911 services will be available to all users.

The National Associatio of State Utility Consumer Advocates (NASUCA) also points out that protecting the lives, health and property of VoIP users outweighs any potential risk to the rapid deployment of VoIP that might occur by requiring E911 capability.

Avaya, Inc. shares these concerns as well and urges the Commission to provide leadership in ensuring that "this critical aspect of the telecommunications network is not only retained, but strengthened, as IP-enabled services become widespread."

FCC Should Require VoIP Providers to Meet Consumer Protection Obligations

Consumers expect IP-enabled services to be fundamentally equivalent to traditional wireline services. Regardless of the classification, the Commission must ensure that all providers of voice telephony, including VoIP carriers, provide the basic consumer protections that are currently being offered by voice service providers. This assertion is supported by AARP, the Communications Workers of America, the National Association of State Utility Consumer Advocates (NASUCA) and the National Consumers League (NCL).

AARP maintains that:

to the extent that a consumer sees his/her VoIP service as a substitute for tradition telephone service, then the Commission should regulate that service as if it were traditional telephone service. Consumers should not lose the protections of these regulations simply by choosing VoIP service over traditional telephone service. Consumers would expect similar regulatory treatment for VoIP and traditional telephone service and the Commission should provide such protection.

Similarly, NASUCA asserts that:

Consumers should be entitled to benefit from the same consumer protections whether their phone service is carried over switched access circuits or the Internet. VoIP and IP-enabled service providers will have an incentive to exaggerate their claims and minimize their defects due to competitive pressures. Telecom companies, internet service providers, and others are marketing VoIP and IP as a cheap alternative to local, long distance and international calling services that offer many computer-enhanced features. Consumer protections on privacy, truth in billing, and truth in advertising may be ignored unless the Commission affirmatively acknowledges the need for such protections."

Moreover, NCL states that:

FCC regulations provide important protections for consumers, including truth- in-billing requirements; disclosure requirements, prohibited practices, and dispute rights in relation to pay-per-call services; do-not-call rights and other telemarketing restrictions; the right to limit use of CPNI; and requirements to confirm carrier switches and dispute rights for illegal 'slamming.' The need for these protections, and the responsibilities of the FCC and the states to enforce consumers' rights, are the same regardless of the manner in which the telecommunications service is provided.

Regulations Must Promote Access and Deployment

Whatever regulatory framework the Commission adopts, it must encourage the ubiquitous access and deployment of IP-enabled services. As APT has so often stated, there is a clear parallel between the goals of promoting ubiquitous access and deployment to broadband services with the Section 706 mandate for deployment of advanced telecommunications capability to all Americans. IP-enabled services are no exception. A regulatory framework based on Section 706 will remove current burdens while continuing to protect consumers and promote deployment.

CONCLUSION

IP-enabled services will create vast new possibilities to enhance the way Americans communicate and participate in our political, econo mic, and civic life. As telecommunications evolves in the broadband world, we urge your support for public policies that ensure that all Americans reap the benefits from these new technologies by protecting programs that ens ure universal service, access for people with disabilities, public safety, and other consumer protections. We look forward to working with you in support of policies that protect the public interest in a broadband environment.

Respectfully submitted,

Arturo Gandara
Chair, Public Policy Committee
Dated: July 14, 2004

Alliance for Public Technology
919 Eighteenth Street, NW Suite 900
Washington, DC 20006

Alliance for Technology Access
American Association of People with Disabilities
American Corn Growers Association
American Federation of Labor-Congress of Industrial Organizations
American Foundation for the Blind
American Library Association
Association of Tech Act Projects
Communication Service for the Deaf
Communications Workers of America Community Action Partnership
Deaf and Hard of Hearing Consumer Advocacy Network
Delta State University Center for Community and Economic Development
Department for Professional Employees, AFL-CIO
Gray Panthers
Independent Living Network
Institute for the Study of Politics and Media at California State University, Sacramento
Justice and Witness Ministries, United Church of Christ
Latino Education Project
MAAC Project
MultiCultural Collaborative
National Association of the Deaf
National Association of Development Organizations
National Consumer Law Center on behalf of its low-income clients
National Grange of the Order of Patrons of Husbandry
National Urban League
Northern Virginia Resource Center for Deaf and Hard of Hearing Persons
Public Utility Law Project of New York, Inc.
Rehabilitation Engineering Research Center on Telecommunications Access
Self Help for Hard of Hearing People
Telecommunications for the Deaf, Inc.
Telecommunications Research and Action Center
The Arc of the United States
United Cerebral Palsy
World Institute on Disability

Attachment: Joint Commenters

The Alliance for Public Technology is a nonprofit organization comprised of public interest groups and individuals that has been highlighting the need for ubiquitous deployment of advanced telecommunications services throughout our nation since 1989.

The Alliance for Technology Access is a network of community-based resource centers, developers, vendors and associates dedicated to providing information and support services to children and adults with disabilities, and increasing their use of standard, assistive, and information technologies.

The American Association of People with Disabilities (AAPD) is the largest, most diverse cross-disability membership organization in the U.S. With more than 85,000 members, AAPD's mission is political and economic empowerment of all children and adults with disabilities in the U.S.

The American Corn Growers Association (ACGA) is America's leading progressive commodity association, representing the interests of corn producers in 35 states. The ACGA works tirelessly to enhance farm income and protect rural communities.

The American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) is the voluntary federation of America's unions, representing more than 13 million working women and men nationwide. The AFL-CIO's mission is to bring social and economic justice to our nation by enabling working people to have a voice on the job, in government, in a changing global economy and in their communities.

The American Foundation for the Blind is a national nonprofit whose mission is to ensure that the ten million Americans who are blind or visually impaired enjoy the same rights and opportunities as other citizens.

The American Library Association (ALA) is the oldest and largest library association in the world with some 64,000 members. The ALA's mission is to provide leadership for the development, promotion and improvement of library and information services and the profession of librarianship in order to enhance learning and ensure access to information for all.

The Association of Tech Act Projects is a national, member-based organization comprised of state assistive technology projects, funded under the Assistive Technology Act, whose mission is to collaborate with persons with disabilities and others at the national level to increase the availability and utilization of assistive technology devices and services for all individuals with disabilities in the United States and territories.

Communication Service for the Deaf is a private, nonprofit organization dedicated to providing broad-based services, ensuring public accessibility and increasing public awareness of issues affecting deaf and hard of hearing individuals.

Communications Workers of America represents more than 700,000 employees in telecommunications, publishing, broadcasting, manufacturing, health care, state and local government, and other public and private organizations.

Community Action Partnership is a national forum for policy on poverty that works to strengthen, promote, represent and serve its network of member agencies to assure that the issues of the poor are effectively heard and addressed.

Deaf and Hard of Hearing Consumer Advocacy Network (DHHCAN) serves as the national coalition of organizations representing the interests of deaf and/or hard of hearing citizens in public policy and legislative issues relating to rights, quality of life, equal access, and self-representation. DHHCAN also provides a forum for proactive discussion on issues of importance and movement toward universal, barrier-free access with emphasis on quality, certification, and standards.

Delta State University Center for Community and Economic Development partners with regional organizations and communities in the Mississippi Delta and brings businesses, citizens, educational leaders, public officials, institutions of higher education, and faculty together to develop innovative solutions to the region's problems.

The Department for Professional Employees is a coalition of 25 national unions affiliated with the AFL-CIO which represent over four million highly skilled, white-collar employees, including professionals in over three hundred separate and distinct occupations in many sectors.

The Gray Panthers is a national organization of intergenerational activists fighting for social and economic justice. Founded in 1970 by Maggie Kuhn, Gray Panthers is Age and Youth in action.

Independent Living Network is a nonprofit organization dedicated to using technology to develop models of supportive living for individuals with significant disabilities.

The Institute for the Study of Politics and Media at California State University, Sacramento serves as a focal point for symposia and colloquia on interdisciplinary discussions on the role of media in society and government.

Justice and Witness Ministries is a covenanted ministry of the United Church of Christ called to public witness, policy advocacy, issue education and grassroots empowerment to build a more just and inclusive world.

The Latino Education Project is an advocacy organization in Corpus Christi, Texas that encourages and sponsors computer training for older Hispanics.

MAAC Project is a 39-year-old multi-purpose social service agency whose mission is to promote self-sufficiency among the disadvantaged residents of San Diego County.

The MultiCultural Collaborative was founded by a multi-ethnic cross-section of community-based service and advocacy organizations to identify, develop and promote creative models of intergroup collaboration that advance social justice, equity and community in Los Angeles.

The National Association of the Deaf is the oldest and largest consumer-based national advocacy organization safeguarding the civil and accessibility rights of 28 million deaf and hard of hearing individuals in the United States of America. The mission of the National Association of the Deaf is to promote, protect, and preserve the rights and quality of life of deaf and hard of hearing individuals in the United States of America.

The National Association of Development Organizations provides training, information and representation for regional development organizations in small metropolitan and rural America. It is the largest and leading advocate for a regional approach to community, economic and rural development.

The National Consumer Law Center is a non-profit organization with a more than 30- year history of advocating for economic justice in the marketplace on behalf of low-income consumers.

The National Grange of the Order of Patrons of Husbandry is the nation's oldest general farm and rural public interest organization. Founded in 1867, the National Grange today has over 200,000 members affiliated with 3,000 local, county and state Grange chapters that work to promote the welfare of rural America. 16

The National Urban League is the nation's oldest and largest community-based movement empowering African Americans to enter the economic and social mainstream. Its mission is to enable African Americans to secure economic self-reliance, parity and power and civil rights.

The Northern Virginia Resource Center for Deaf and Hard of Hearing Persons serves an estimated 180,500 deaf and hard of hearing persons in the Northern Virginia metro area. Its mission is to empower deaf and hard of hearing individuals and their families through education, advocacy and community involvement.

The Public Utility Law Project of New York, Inc. represents the interests of low income utility consumers in matters affecting universal service, affordability and consumer protection.

The mission of the Rehabilitation Engineering Research Center on Telecommunications Access is to find ways to make standard telecommunication products and systems directly usable by people with all types and degrees of disability, and to work with industry and government to put access strategies into place.

Self Help for Hard of Hearing People is the nation's foremost consumer organization representing people with hearing loss, whose mission is to open the world of communication to people with hearing loss through information, education, advocacy, and support.

Telecommunications for the Deaf, Inc. is a national advocacy organization that seeks to promote equa l access issues in telecommunications and media for the 28 million Americans who are deaf, hard-of- hearing, late-deafened, or deaf-blind so that they may attain the opportunities and benefits of the telecommunications revolution to which they are entitled.

The Telecommunications Research and Action Center is a non-profit membership organization based in Washington, DC that promotes the interests of residential telecommunications customers. TRAC staff researches telecommunications issues and publishes rate comparisons to help consumers make informed decisions regarding their long distance and local phone service options.

The Arc of the United States is the leading national organization working with and on behalf of people with mental retardation and related developmental disabilities and their families. The Arc is devoted to promoting and improving supports and services and also fosters research and education regarding the prevention of mental retardation in infants and young children.

United Cerebral Palsy is the leading source of information on cerebral palsy and is a pivotal advocate for the rights of persons with any disability and for families with members with disabilities. UCP's mission is to advance the independence, productivity and full citizenship of people with disabilities through an affiliate network.

The World Institute on Disability is a nonprofit research, training and public policy center promoting the civil rights and the full societal inclusion of people with disabilities.