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Sununu says FCC is discriminating against VoIP

WASHINGTON-The Federal Communications Commission should not discriminate against Voice over Internet Protocol providers when there are more than 100 counties that do not even have wireline 911, Sen. John Sununu (R-N.H.) told FCC Commissioner Michael Copps Tuesday morning.

Copps was appearing before the Senate Commerce Committee as part of the confirmation process. Last month President Bush nominated Copps to another FCC term.

“My concern is that we are not punitive,” said Sununu. “Not all wireline companies have 911.”

Sununu tried to make clear that the VoIP 911 bill passed by the Senate Commerce Committee last month required the FCC to grant four-year waivers to VoIP operators, but Copps expressed concerns about the four-year length.

The Senate Commerce Committee passed its VoIP bill Nov. 2, but it has yet to be considered by the full Senate or by the House of Representatives. The Association of Public-safety Communications Officials has said it cannot support the IP-enabled Voice Communications and Public-Safety Act of 2005 if waiver language is included.

In June, the FCC gave VoIP service providers until Nov. 28 to provide E-911 capabilities to their subscribers. The FCC also required them to advise every subscriber of the circumstances under which VoIP E-911 service may not be available or may be limited compared with traditional E-911 service. VoIP firms also were ordered to keep a record of the advisory for every subscriber.

Several VoIP operators have requested waivers from the FCC’s rules. With limited exceptions most VoIP operators-especially those that allow their customers to have non-local telephone numbers or to take their service with them-said they would not be able to comply with the FCC rule.

When the FCC first imposed the rule, it appeared that any VoIP customers that did not have E-911 by the deadline would have their service terminated. However, the commission recently indicated it was relaxing this requirement. The FCC said VoIP carriers do not have to cut off service to customers in areas where E-911 is not available, but VoIP carriers cannot market to or sign new customers in those areas. Nuvio Corp. and other VoIP carriers recently appealed the FCC’s rules.

Copps was not the only nominee being questioned-Deborah Taylor Tate was too. However, she faced relatively easy questions from the panel.

Sen. Ted Stevens (R-Alaska), chairman of the Senate Commerce Committee, said he plans to push the nominees forward with final Senate confirmation before Christmas.

The White House in November nominated Tate, a member of the Tennessee Regulator Authority, and Democratic Commissioner Michael Copps to the five-member independent regulatory body that oversees telecommunications and media issues. Members serve five-year terms and are selected from both political parties. Three members, including the chairman, come from the president’s political party, while the remaining two come from the opposite party. The president nominates the members, and the Senate confirms the nominations after hearings.

Former FCC Chairman Michael Powell left the agency in March, leaving incoming Republican Chairman Kevin Martin with an evenly split group. Last week saw the departure of Kathleen Abernathy so currently-until the confirmation process is completed-Martin is in the minority. Copps and Jonathan Adelstein are Democrats. Although Copps’ first term expired in June, he can stay until the end of 2006.

Stevens told reporters that he was at the White House before the confirmation hearing urging Bush administration officials to nominate someone to replace Abernathy.

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