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                                                       DA 05-2874
                                      Released:  October 31, 2005

       Enforcement Bureau Provides Additional Guidance to
  Interconnected Voice Over Internet Protocol Service Providers
Concerning Enforcement of Subscriber Acknowledgement Requirement

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

     In this Public Notice, the Enforcement Bureau (Bureau) 
provides further information regarding its intended enforcement 
of the subscriber affirmative acknowledgement requirement imposed 
on interconnected Voice over Internet Protocol (VoIP) service 
providers in the Commission's VoIP E911 Order.1  In its September 
27, 2005 public notice,2 the Bureau announced that, after 
considering the reports submitted by interconnected VoIP 
providers detailing their compliance with the Commission's 
notification requirements,3 it would not pursue enforcement 
action against providers who had obtained acknowledgements from 
90% or more of their subscribers that they had read and 
understood an advisory from the provider addressing the 
limitations of the provider's 911 service.  We also indicated 
that we would continue to forbear from enforcement action, until 
October 31, 2005, against providers who had obtained less than 
90% of their acknowledgements, provided that such providers 
submitted a status report to us by October 25, 2005.  
     We have reviewed reports submitted by numerous providers on 
October 25, 2005, and continue to see evidence of providers' 
substantial efforts to comply with the Commission's rules, as 
well as significant progress in obtaining acknowledgements from 
all of their customers regarding the limitations of their 911 
service.  Based on these substantial efforts, we will continue to 
refrain from exercising our enforcement authority against those 
providers who have yet to obtain acknowledgements from 90% or 
more of their subscribers, provided that these providers file an 
additional status report with the Commission on November 28, 
2005.  This status report should detail the efforts that they 
have undertaken to obtain acknowledgments from the remainder of 
their subscriber base, explain why they have been unable to 
achieve an acknowledgment percentage closer to 100%, and provide 
the current percentage of acknowledgments that they have received 
as of the date of filing.  Thereafter, we expect these providers 
to seek the remaining acknowledgements and notify the Commission 
once they have achieved 100% compliance.

     Filing Procedures

   Interconnected VoIP providers may file the above-referenced 
    report in this proceeding on or before November 28, 2005.  
Reports must reference WC Docket No. 05-196 and should be labeled 
clearly on the first page as ``Subscriber Acknowledgement Report 
   (date of filing).''  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 that 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, 
          N.E., 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, S.W., 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, S.W., 
          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, S.W., 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, S.W., Room CY-B402, Washington, D.C. 20554, (202) 
488-5300, or via e-mail to fcc@bcpiweb.com.

     For further information regarding this proceeding, press 
should contact Janice Wise, Director, Media Relations, 
Enforcement Bureau, (202) 418-8165, and providers should contact 
David Hunt, Telecommunications Consumers Division, Enforcement 
Bureau, (202) 418-1522, or Cynthia Bryant, Telecommunications 
Consumers Division, Enforcement Bureau, (202) 418-8164.

                              -FCC-


_________________________

1IP-Enabled Services and E911 Requirements for IP-Enabled Service 
Providers, First Report and Order and Notice of Proposed 
Rulemaking, 20 FCC Rcd 10245 (rel. Jun 3, 2005) at  48, 73 
(VoIP E911 Order); see also 47 C.F.R.  9.5(e).

2 See Public Notice, (DA 05-2530) released September 27, 2005.  

3The Bureau has reviewed numerous reports that interconnected 
VoIP providers filed on August 10, September 1 and September 22.  
See Public Notice, (DA 05-2085) released July 26, 2005, 
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-
2085A1.doc; see also Public Notice, (DA 05-2358) released August 
26, 2005, http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-
05-2358A1.doc.