Clearwire 2008 Annual Report Download - page 33

s
u
bj
ect to t
hi
s
f
ee w
hi
c
h
may
b
e passe
d
on to our su
b
scr
ib
ers. We
h
ave
i
ncorporate
d
t
hi
s
f
ee requ
i
rement
i
nto ou
r
V
oIP
billi
ng system an
d
co
ll
ect an
d
rem
i
t
f
e
d
era
l
USF payments
.
T
he FCC is conductin
g
a comprehensive proceedin
g
to address all t
y
pes of IP-enabled services, includin
g
i
nterconnected VoIP service, and to consider what re
g
ulations, if an
y
, should be applied to such services, as use of
broadband services becomes more widespread. In June 200
5
, the FCC adopted the first set of re
g
ulations in this
c
omprehensive IP-enabled proceedin
g
, imposin
g
E911-related requirements on interconnected VoIP servic
e
p
roviders as a condition of offerin
g
such service to consumers. The FCC defined “interconnected VoIP service”
as voice service that: (1) enables real-time, two-wa
y
voice communications; (2) requires a broadband connection
f
rom t
h
e user’s
l
ocat
i
on; (3) requ
i
res IP-compat
ibl
e CPE; an
d
(4) perm
i
ts users
g
enera
lly
to rece
i
ve ca
ll
st
h
at
ori
g
inate on and terminate to the public switched telephone network, which we refer to as PSTN. Effectiv
e
November 28, 200
5
, all interconnected VoIP
p
roviders are re
q
uired to transmit, via the wireline E911 network, al
l
911 calls, as well as a call-back number and the caller’s re
g
istered location for each call, to the appropriate publi
c
s
afet
y
answerin
g
point, provided that the public safet
y
answerin
g
point is capable of receivin
g
and processin
g
tha
t
i
nformation. In addition, all interconnected VoIP providers must have a process to obtain a subscriber’s registere
d
location before activatin
g
service, and a process to allow their subscribers to update their re
g
istered locatio
n
i
mmediatel
y
if the subscriber moves the service to a different location. Interconnected VoIP providers are also
r
equired to prominentl
y
and in plain En
g
lish advise subscribers of the manner in which dialin
g
911 usin
g
Vo I
P
s
ervice is different from dialin
g
911 service usin
g
traditional telephone service, and to provide warnin
g
labels with
V
oIP CPE. On May 31, 2007, the FCC initiated a proceeding proposing to adopt additional E911 obligations for
p
rov
id
ers o
fi
nterconnecte
d
VoIP serv
i
ce t
h
at a customer may use at more t
h
an one
l
ocat
i
on
i
nc
l
u
di
ng a requ
i
rement
t
o automaticall
y
identif
y
subscribers’ ph
y
sical locations throu
g
h an automatic location technolo
gy
that meets th
e
s
ame accurac
y
standards that appl
y
to providers of CMRS. The FCC has also proposed to ti
g
hten the curren
t
accuracy standards into a single, technology neutral standard and to clarify the geographic area over which wireless
E911 providers must satisfy the E911 accuracy requirements. E911 service for interconnected VoIP service is also
s
u
bj
ect to E911
f
un
di
ng o
bli
gat
i
ons
i
n certa
i
n states
.
On April 2, 2007, the FCC released an Order imposin
g
, pursuant to its ancillar
y
authorit
y
under Title I, th
e
Communications Act’s Section 222, CPNI re
q
uirements on interconnected VoIP
p
roviders. CPNI includes cal
l
detail information about a customer
g
ained b
y
the service provider as a result of providin
g
the service, and includes
s
uch information as telephone numbers called, duration of such calls, and callin
g
patterns. In this same Order, th
e
FCC adopted new CPNI obli
g
ations desi
g
ned to prevent fraud, unauthorized access to a customer’s CPNI, and othe
r
abuses of customer privac
y
, includin
g
specific required customer and law enforcement notification, annual
c
ertification, and ex
p
licit consent re
q
uirements. These new CPNI rules which became effective on December 8,
2007 are applicable to all providers subject to Section 222, including interconnected VoIP providers, such a
s
Clearwire.
On Ma
y
31, 2007, the FCC also adopted new rules requirin
g
interconnected VoIP service and equipmen
t
p
roviders to compl
y
with the same disabilit
y
-access re
g
ulations that appl
y
to traditional telephon
y
service an
d
e
quipment under Section 255 of the Communications Act, includin
g
the desi
g
nation of an a
g
ent for the receipt an
d
h
an
dli
ng o
f
access
ibili
ty comp
l
a
i
nts an
di
nqu
i
r
i
es. In a
ddi
t
i
on, t
h
e FCC a
d
opte
d
requ
i
rements t
h
at
i
nterconnecte
d
V
oIP prov
id
ers contr
ib
ute to t
h
eTe
l
ecommun
i
cat
i
ons Re
l
ay Serv
i
ce, w
hi
c
h
we re
f
er to as TRS,
f
un
d
,an
d
prov
ide
711-dialing for hearing and speech-impaired individuals to reach a local TRS provider pursuant to Section 225 o
f
t
he Act. While these requirements became effective on October 5, 2007, the FCC waived two specific TRS
r
equ
i
rements
f
or
i
nterconnecte
d
VoIP prov
id
ers
f
or s
i
x mont
h
s—t
h
e requ
i
rement to transm
i
t 711 ca
ll
stoa
geograp
hi
ca
ll
y appropr
i
ate re
l
ay prov
id
er an
d
t
h
e requ
i
rement t
h
at a tra
di
t
i
ona
l
TRS prov
id
er route emergency
-
r
elated VoIP 711 calls to the geographically appropriate public safety answering points. The commission also
s
ou
g
ht comment on various requests for a more permanent waiver of the TRS rules to VoIP providers
.
On November 8, 2007, the FCC released an order extendin
g
local number portabilit
y
requirements t
o
i
nterconnecte
d
VoIP prov
id
ers an
d
c
l
ar
ifyi
n
g
t
h
at
l
oca
l
exc
h
an
g
e carr
i
ers an
d
CMRS prov
id
ers
h
ave an o
blig
at
i
on
t
o port num
b
ers to VoIP prov
id
ers. At t
h
e same t
i
me t
h
e FCC requeste
d
comment on exten
di
n
g
port
i
n
g
t
i
me
f
rame
s
t
o VoIP providers, amon
g
other requirements. These rules became effective March 24, 2008
.
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