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                                                       DA 05-2085
                                         Released:  July 26, 2005


Enforcement Bureau Provides Guidance to Interconnected Voice Over 
                            Internet
     Protocol Service Providers Concerning the July 29, 2005 
                Subscriber Notification Deadlines

                       WC Docket No. 04-36
                      WC Docket No. 05-196

     In this Public Notice, the Enforcement Bureau (Bureau) 
provides guidance to providers of interconnected voice over 
Internet protocol (VoIP) service concerning enforcement of the 
subscriber notification provisions of the Federal Communications 
Commission's (FCC or Commission) rules governing enhanced 911 
(E911) capability.  Specifically, the Bureau announces that it 
will not seek enforcement, for a 30-day period, of the 
requirement that providers obtain affirmative acknowledgements, 
by July 29, 2005, from 100% of their subscribers that they have 
read and understood an advisory concerning the limitations of 
their E911 service.  To be eligible for this extension, providers 
must meet the reporting requirements outlined below.  The Bureau 
will evaluate the sufficiency of the reports filed by 
interconnected VoIP providers and take subsequent action as 
necessary.  
     Background
     On June 3, 2005, the FCC released an Order1 requiring 
interconnected VoIP service providers2 to provide E911 
capabilities to their subscribers no later than 120 days from the 
effective date of the Order.  The effective date of the Order is 
July 29, 2005, 30 days from the date of publication in the 
Federal Register.3

     Additionally, as set forth in the VoIP E911 Order, by July 
29, 2005, all providers of interconnected VoIP service must:

         Specifically advise every new and existing subscriber, 
          prominently and in plain language, of the circumstances 
          under which E911 service may not be available through 
          the interconnected VoIP service or may be in some way 
          limited by comparison to traditional E911 service;
         Obtain and keep a record of affirmative acknowledgement 
          by every subscriber, both new and existing, of having 
          received and understood the advisory described in the 
          paragraph above; and
         Distribute to its existing subscribers warning stickers 
          or other appropriate labels warning subscribers if E911 
          service may be limited or not available and instructing 
          the subscriber to place them on or near the equipment 
          used in conjunction with the interconnected VoIP 
          service.  Each interconnected VoIP provider should 
          distribute such warning stickers or other appropriate 
          labels to each new subscriber prior to the initiation 
          of that subscriber's service.4

     As referenced above, the Bureau has determined that it will 
not initiate enforcement action, until August 30, 2005, against 
any provider of interconnected VoIP service regarding the 
requirement that it obtain affirmative acknowledgement by every 
existing subscriber on the condition that the provider file a 
detailed report with the Commission by August 10, 2005, 
containing the information described below.  During this brief 
extension, interconnected VoIP providers will have the ability to 
continue obtaining affirmative acknowledgements from the entirety 
of their customer base.  Further, we expect that if an 
interconnected VoIP provider has not received subscriber 
acknowledgements from 100% of its existing subscribers by August 
29, 2005, then the interconnected VoIP provider will disconnect, 
no later than August 30, 2005, all subscribers from whom it has 
not received such acknowledgements.  As such, providers may wish 
to inform subscribers that their VoIP service will be 
disconnected if they do not provide their acknowledgements by 
August 29, 2005.

     Subscriber Notification and Acknowledgement Status and 
Compliance Reports

     The report to the Commission should include:

         A detailed description of all actions the provider has 
          taken to specifically advise every subscriber, 
          prominently and in plain language, of the circumstances 
          under which E911 service may not be available through 
          the interconnected VoIP service and/or may be in some 
          way limited by comparison to traditional E911 service.  
          This information should include, but is not limited to, 
          relevant dates and methods of contact with subscribers 
          (i.e., e-mail, U. S. mail);
         A quantification of how many of the provider's 
          subscribers, on a percentage basis, have submitted an 
          affirmative acknowledgement, as of the date of the 
          report, and an estimation of the percentage of 
          subscribers from whom they do not expect to receive an 
          acknowledgement by August 29, 2005;
         A detailed description of whether and how the provider 
          has distributed to all subscribers warning stickers or 
          other appropriate labels warning subscribers if E911 
          service may be limited or not available and instructing 
          the subscriber to place them on and/or near the 
          customer premises equipment used in connection with the 
          interconnected VoIP service.  This information should 
          include, but is not limited to, relevant dates and 
          methods of contact with subscribers (i.e., e-mail, U. 
          S. mail);
         A quantification of how many subscribers, on a 
          percentage basis, to whom the provider did not send the 
          advisory described in the first bullet above and/or to 
          whom the provider did not send warning stickers or 
          other appropriate label as identified in the bullet 
          immediately above;
         A detailed description of any and all actions the 
          provider plans on taking towards any of its subscribers 
          that do not affirmatively acknowledge having received 
          and understood the advisory, including, but not limited 
          to, disconnecting the subscriber's VoIP service with 
          the Company no later than August 30, 2005; 
         A detailed description of how the provider is currently 
          maintaining any acknowledgements received from its 
          subscribers; and
         The name, title, address, phone number, and e-mail 
          address of the person(s) responsible for the Company's 
          compliance efforts with the VoIP E911 Order. 

     Filing Procedures

   Interconnected VoIP providers may file the above-referenced 
  reports in this proceeding on or before August 10, 2005.  All 
reports must reference WC Docket No. 05-196 and should be labeled 
clearly on the first page as ``Subscriber Notification Report.'' 
 The report may be filed using: (1) the Commission's Electronic 
                      Comment Filing System
      (ECFS), or (2) by filing paper copies. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 
24,121 (May 1, 1998).

         Electronic Filers:  Compliance letters may be filed 
          electronically using the Internet by accessing the 
          ECFS: http://www.fcc.gov/cgb/ecfs/. Filers should 
          follow the instructions provided on the website for 
          submitting comments. For ECFS filers, in completing the 
          transmittal screen, filers should include their full 
          name, U.S. Postal Service mailing address, and the 
          applicable docket number (WC Docket No. 05-196).

         Paper Filers:  Parties who choose to file by paper must 
          file an original and four copies of each filing. 
          Filings can be sent by hand or messenger delivery, by 
          commercial overnight courier, or by first-class or 
          overnight U.S. Postal Service mail (although we 
          continue to experience delays in receiving U.S. Postal 
          Service mail).  All filings must be addressed to the 
          Commission's Secretary, Marlene H. Dortch, Office of 
          the Secretary, Federal Communications Commission, 445 
          12th Street, SW, Washington, DC 20554.

         The Commission's contractor will receive hand-delivered 
          or messenger-delivered paper filings for the 
          Commission's Secretary at 236 Massachusetts Avenue, 
          NE., Suite 110, Washington, DC 20002. The filing hours 
          at this location are 8:00 a.m. to 7:00 p.m. All hand 
          deliveries must be held together with rubber bands or 
          fasteners. Any envelopes must be disposed of before 
          entering the building.

         Commercial overnight mail (other than U.S. Postal 
          Service Express Mail and Priority Mail) must be sent 
          to 9300 East Hampton Drive, Capitol Heights, MD 
          20743.

         U.S. Postal Service first-class, Express, and 
          Priority mail should be addressed to 445 12th 
          Street, SW, Washington DC 20554.
Parties should also send a copy of their filings to:

         Byron McCoy, Telecommunications Consumers Division, 
          Enforcement Bureau, Federal Communications Commission, 
          Room 4-A234, 445 12th Street, SW, Washington, D.C. 
          20554, or by email to byron.mccoy@fcc.gov;

         Kathy Berthot, Deputy Chief, Spectrum Enforcement 
          Division, Enforcement Bureau, Federal Communications 
          Commission, Room 7-C802, 445 12th Street, SW, 
          Washington, D.C. 20554, or by email to 
          kathy.berthot@fcc.gov; and

         Janice Myles, Competition Policy Division, Wireline 
          Competition Bureau, Federal Communications Commission, 
          Room 5-C140, 445 12th Street, SW, Washington, D.C. 
          20554, or by e-mail to janice.myles@fcc.gov.

     Parties must also serve one copy with the Commission's copy 
contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 
12th Street, SW, Room CY-B402, Washington, D.C. 20554, (202) 488-
5300, or via e-mail to fcc@bcpiweb.com.

     For further information regarding this proceeding, contact 
David Hunt, Telecommunications Consumers Division, Enforcement 
Bureau, (202) 418-1522, or Cynthia Bryant, Telecommunications 
Consumers Division, Enforcement Bureau, (202) 418-8164.

                              -FCC-

_________________________

1 IP-Enabled Services and E911 Requirements for IP-Enabled Service 
Providers, First Report and Order and Notice of Proposed Rulemaking, 2005 
WL 1323217, FCC, (rel. Jun 3, 2005) (VoIP E911 Order).



2 ``Interconnected VoIP service'' means an interconnected Voice over 
Internet Protocol (VoIP) service that: (1) enables real-time, two-way voice 
communications; (2) requires a broadband connection from the user's 
location; (3) requires Internet protocol-compatible customer premises 
equipment; and (4) permits users generally to receive calls that originate 
on the public switched telephone network and to terminate calls to the 
public switched telephone network.



3 70 Fed. Reg. 37,273 (June 29, 2005).

4 VoIP E911 Order at  48, 73; see also 47 C.F.R. 9.5(e).