Telecommunications Act of 2005
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The Telecommunications Act of 2005 (tenatively named)[1] is a proposed United States telecommunications law that makes regulatory changes to broadband Internet providers, Voice over IP providers, and Broadband Video services. Some form of it will likely become law due to current political alignment between President George W. Bush and Congress, though specific details may substantially change as it makes its way out of committee and through Congress[2].
In its current form, the law proposes to keep VoIP services and Broadband Video services from state regulation by way of the interstate commerce clause, keeping regulation of these areas exclusively to the federal government.
The bill proposes adding several new requirements to VoIP services, including number portability, interconnection requirements, E911 services, and telecommunications relay requirements. In addition, the FCC is instructed to consider assessing universal service fees.[3] It also proposes several new requirements for Broadband Video services, including rating blocking ability, public-access and other must-carry requirements, ownership and franchise controls, Emergency Alert System requirements, closed captioning, and several other requirements.[4]
It's not clear whether terms such as "VoIP" and "Broadband Video" are meant to cover all users of software such as Microsoft NetMeeting, Asterisk PBX, or RealVideo. Currently, the bill defines its terms broadly and doesn't appear to make exclusions for the wide variety of noncommercial or free services, content, and software that could come under its registration and regulation requirements. The bill specifically mentions that free services and content are included in its regulation requirements.[5][6] An earlier FCC rule regarding 911 requirements for VoIP services drew finer distinctions, stating that only services which interconnect with the traditional phone system are subject to the FCC's new requirements.
The bill is currently in the U.S. House Committee on Energy and Commerce. On November 9, 2005, the committee held a hearing regarding a staff draft made available.[7][8]
[edit] See also
- Telecommunications Act of 1996
- Communications Act of 1934
- COPE Act of 2006 (Communications Act of 2006)
[edit] Sources
- TheFutureFaster.com, an industry print and television campaign to encourage end-user support for the bill
- House Committee on Energy and Commerce
- June 3, 2005 FCC Order regarding E911 requirements for VoIP services (PDF), and related statements
- TechLawJournal - FCC Classifies DSL as Information Service, NCTA v. Brand X
- Committee on Energy and Commerce - Compilation of Selected Acts - Communications Law
[edit] External links
[edit] News
- TheRegister - US bill heralds end of walled gardens
- Heritage Foundation - House Telecom Rewrite Needs a Rewrite
- TelecomWeb - U.S. Telecom Reform Legislation Finally Unveiled
- PCWorld - Plan Treats All Broadband Providers Alike
- WiFiPlanet - House May Deregulate Broadband
- ZDNet news - Congress releases draft broadband bill
- Reuters - US House panel staff unveil draft new telecom bill
[edit] References
- ^ COPE Act of 2006 (Communications Act of 2006)
- ^ Blankenhorn, Dana. Gittin' While the Gittin's Good 19 September 2005.
- ^ Sec. 206. Revision of universal service requirements. Staff discussion draft bill, 15 Sep 05.
- ^ ibid. Sec. 304. Application of video regulations to broadband video service providers.
- ^ ibid. Sec. 2. Definitions; (a) Terms; (20) VOIP Service.
- ^ ibid. Sec. 2. Definitions; (a) Terms; (5) Broadband Video Service.
- ^ Library of Congress. Senate Report 109-355 29 Sep. 2006 Document, description of the Communications Act of 2006
- ^ Library of Congress. H.R.5252-RS - 29 Sep. 2006 - 109-355 Communications Act of 2006 (text of the proposed legislation)