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                                                       DA 05-2945
                                      Released:  November 7, 2005

  Enforcement Bureau Outlines Requirements of November 28, 2005
   Interconnected Voice Over Internet Protocol 911 Compliance 
                             Letters
                       WC Docket No. 04-36
                      WC Docket No. 05-196

     In this Public Notice, the Enforcement Bureau (Bureau) sets 
forth the specific information that interconnected voice over 
Internet Protocol (VoIP) service providers1 must include in the 
Compliance Letters required by the Federal Communications 
Commission (Commission) in its June 3, 2005 order establishing 
enhanced 911 requirements for IP-enabled service providers.2  
Compliance Letters must be filed with the Commission on or before 
November 28, 2005.3  Although the Bureau has released prior 
public notices addressing the Commission's subscriber 
notification and acknowledgement requirements,4 this Notice 
addresses only the Compliance Letter requirements.  
     In addition, the Bureau takes this opportunity to commend 
the steps undertaken by AT&T Corp. (AT&T), MCI, Inc. (MCI) and 
Verizon Communications, Inc. (Verizon) to comply with the 
Commission's VoIP 911 provisioning requirements, as outlined in 
recent letters they filed in the above-referenced dockets.5  As 
detailed below, the Bureau strongly encourages other providers to 
adopt similar measures to comply with the VoIP 911 requirements 
and will carefully analyze an interconnected VoIP provider's 
implementation of such measures in determining whether and how to 
take enforcement action.  
     Background
     On June 3, 2005 the Commission released the VoIP 911 Order 
adopting rules that require interconnected VoIP providers to 
provide their new and existing subscribers with 911 service no 
later than November 28, 2005.6  Specifically, as a condition of 
providing interconnected VoIP service, each interconnected VoIP 
provider must, in addition to satisfying the subscriber 
notification, acknowledgment, and labeling requirements set forth 
in section 9.5(e) of the Commission's rules:7 
     Transmit all 911 calls to the public safety answering 
      point (PSAP), designated statewide default answering 
      point, or appropriate local emergency authority that 
      serves the caller's ``Registered Location.''8  Such 
      transmissions must include the caller's Automatic 
      Numbering Information (ANI)9 and Registered Location to 
      the extent that the PSAP, designated statewide default 
      answering point, or appropriate local emergency authority 
      is capable of receiving and processing such information;10

     Route all 911 calls through the use of ANI and, if 
      necessary, pseudo-ANI,11 via the Wireline E911 Network,12 
      and make a caller's Registered Location available to the 
      appropriate PSAP, designated statewide default answering 
      point or appropriate local emergency authority from or 
      through the appropriate Automatic Location Identification 
      (ALI) database;13  

     Obtain from each of its existing and new customers, prior 
      to the initiation of service, a Registered Location;14 and

     Provide all of their end users one or more methods of 
      updating their Registered Location at will and in a timely 
      manner.15  At least one method must allow end users to use 
      only the same equipment (such as the Internet telephone) 
      that they use to access their interconnected VoIP 
      service.16

     Compliance Letters

     Additionally, given the vital public safety interests at 
stake, the VoIP 911 Order requires each interconnected VoIP 
provider to file with the Commission a Compliance Letter on or 
before November 28, 2005 detailing its compliance with the above 
911 requirements.17  To ensure that interconnected VoIP providers 
have satisfied the requirements set forth above, we require 
interconnected VoIP providers to include the following 
information in their Compliance Letters:

    911 Solution:  This description should include a 
     quantification, on a percentage basis, of the number of 
     subscribers to whom the provider is able to provide 911 
     service in compliance with the rules established in the VoIP 
     911 Order.  Further, the detailed description of the 
     technical solution should include the following components:

         911 Routing Information/Connectivity to Wireline E911 
          Network:  A detailed statement as to whether the 
          provider is transmitting, as specified in Paragraph 42 
          of the VoIP 911 Order, ``all 911 calls to the 
          appropriate PSAP, designated statewide default 
          answering point, or appropriate local emergency 
          authority utilizing the Selective Router, the trunk 
          line(s) between the Selective Router and the PSAP, and 
          such other elements of the Wireline E911 Network as 
          are necessary in those areas where Selective Routers 
          are utilized.''18  If the provider is not transmitting 
          all 911 calls to the correct answering point in areas 
          where Selective Routers are utilized, this statement 
          should include a detailed explanation why not.  In 
          addition, the provider should quantify the number of 
          Selective Routers to which it has interconnected, 
          directly or indirectly, as of November 28, 2005. 

         Transmission of ANI and Registered Location 
          Information:  A detailed statement as to whether the 
          provider is transmitting via the Wireline E911 Network 
          the 911 caller's ANI and Registered Location to all 
          answering points that are capable of receiving and 
          processing this information.  This information should 
          include:  (i) a quantification, on a percentage basis, 
          of how many answering points within the provider's 
          service area are capable of receiving and processing 
          ANI and Registered Location information that the 
          provider transmits; (ii) a quantification of the 
          number of subscribers, on a percentage basis, whose 
          ANI and Registered Location are being transmitted to 
          answering points that are capable of receiving and 
          processing this information; and (iii) if the provider 
          is not transmitting the 911 caller's ANI and 
          Registered Location to all answering points that are 
          capable of receiving and processing this information, 
          a detailed explanation why not.  

         911 Coverage:  To the extent a provider has not 
          achieved full 911 compliance with the requirements of 
          the VoIP 911 Order in all areas of the country by 
          November 28, 2005, the provider should: 1) describe in 
          detail, either in narrative form or by map, the areas 
          of the country, on a MSA basis, where it is in full 
          compliance and those in which it is not; and 2) 
          describe in detail its plans for coming into full 
          compliance with the requirements of the order, 
          including its anticipated timeframe for such 
          compliance.

    Obtaining Initial Registered Location Information:  A 
     detailed description of all actions the provider has taken 
     to obtain each existing subscriber's current Registered 
     Location and each new subscriber's initial Registered 
     Location.  This information should include, but is not 
     limited to, relevant dates and methods of contact with 
     subscribers and a quantification, on a percentage basis, of 
     the number of subscribers from whom the provider has 
     obtained the Registered Location.  

    Obtaining Updated Registered Location Information:  A 
     detailed description of the method(s) the provider has 
     offered its subscribers to update their Registered 
     Locations.  This information should include a statement as 
     to whether the provider is offering its subscribers at least 
     one option for updating their Registered Location that 
     permits them to use the same equipment that they use to 
     access their interconnected VoIP service.  

    Technical Solution for Nomadic Subscribers:  A detailed 
     description of any technical solutions the provider is 
     implementing or has implemented to ensure that subscribers 
     have access to 911 service whenever they use their service 
     nomadically.

  The Bureau notes that in an October 7, 2005 letter submitted 
in WC Docket Nos. 04-36 and 05-196,19 AT&T outlined an innovative 
compliance plan that it is implementing to address the 
Commission's 911 provisioning requirements that take effect on 
November 28, 2005.  In letters filed on October 21, 2005 in these 
dockets, MCI and Verizon each outlined similar compliance 
plans.20  Each of these plans includes an automatic detection 
mechanism that enables the provider to identify when a customer 
may have moved his or her interconnected VoIP service to a new 
location and ensure that the customer continues to receive 911 
service even when using the interconnected VoIP service 
nomadically.  These plans also include a commitment to not accept 
new interconnected VoIP customers in areas where the provider 
cannot provide 911 service and to adopt a ``grandfather'' process 
for existing customers for whom the provider has not yet 
implemented either full 911 service or the automatic detection 
capability.  

     The Bureau applauds the steps undertaken by AT&T, MCI and 
Verizon and strongly encourages other providers to adopt similar 
measures.  The Bureau will carefully review a provider's 
implementation of steps such as these in deciding whether and how 
to take enforcement action.  Providers should include in their 
November 28, 2005, Compliance Letters a detailed statement as to 
whether and how they have implemented such measures.  To the 
extent that providers have not implemented these or similar 
measures, they should describe what measures they have 
implemented in order to comply with the requirements of the VoIP 
911 Order.

     Although we do not require providers that have not achieved 
full 911 compliance by November 28, 2005, to discontinue the 
provision of interconnected VoIP service to any existing 
customers, we do expect that such providers will discontinue 
marketing VoIP service, and accepting new customers for their 
service, in all areas where they are not transmitting 911 calls 
to the appropriate PSAP in full compliance with the Commission's 
rules.  

     Filing Procedures

  Interconnected VoIP providers must file the above-referenced 
 Compliance Letters in this proceeding on or before November 28, 
 2005.  All such filings must reference WC Docket No. 05-196 and 
   should be labeled clearly on the first page as ``Compliance 
    Letter.''  Compliance Letters 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:

    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 notice, press should 
contact Janice Wise, Director, Media Relations, Enforcement 
Bureau, (202) 418-8165, and providers should contact Kathy 
Berthot, Deputy Chief, Spectrum Enforcement Division, Enforcement 
Bureau, (202) 418-7454.

                              -FCC-
_________________________

1 ``Interconnected VoIP service'' means an interconnected voice over 
Internet Protocol 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 (CPE); 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.  See 47 C.F.R.  9.3.

2 IP-Enabled Services and 911 Requirements for IP-Enabled Service 
Providers, First Report and Order and Notice of Proposed Rulemaking, 20 FCC 
Rcd 10245, 10273,  50 (2005) (VoIP 911 Order); 47 C.F.R.  9.5(f).

3 47 C.F.R.  9.5(f).

4 See Public Notice, Enforcement Bureau Provides Guidance to Interconnected 
Voice Over Internet Protocol Service Providers Concerning the July 29, 2005 
Subscriber Notification Deadlines, WC Docket Nos. 04-36, 05-196, DA 05-2085 
(rel. July 26, 2005); Public Notice, Enforcement Bureau Provides Further 
Guidance to Interconnected Voice Over Internet Protocol Service Providers 
Concerning Enforcement of Subscriber Acknowledgement Requirement, WC Docket 
Nos. 04-36, 05-196, DA 05-2358 (rel. Aug. 26, 2005); Public Notice, 
Enforcement Bureau Provides Further Guidance to Interconnected Voice Over 
Internet Protocol Service Providers Concerning Enforcement of Subscriber 
Acknowledgement Requirement, WC Docket Nos. 04-36, 05-196, DA 05-2530 (rel. 
Sept. 27, 2005); Public Notice, Enforcement Bureau Provides Additional 
Guidance to Interconnected Voice Over Internet Protocol Service Providers 
Concerning Enforcement of Subscriber Acknowledgement Requirement, WC Docket 
Nos. 04-36, 05-196, DA 05-2874 (rel. Oct. 31, 2005).  The subscriber 
notification and acknowledgement requirements are codified in section 
9.5(e) of the Commission's rules.  47 C.F.R.  9.5(e); see also VoIP 911 
Order, 20 FCC Rcd at 10271-73,  47-49.

5 See Letter from Robert W. Quinn, Jr., Vice President, Federal 
Government Affairs, AT&T, to Marlene H. Dortch, Secretary, FCC, 
WC Docket Nos. 04-36, 05-196 (filed October 7, 2005) (AT&T Ex 
Parte); Letter from Richard S. Whitt, Vice President, Federal 
Regulatory, MCI, to Marlene H. Dortch, Secretary, FCC, WC Docket 
Nos. 04-36, 05-196 (filed October 21, 2005) (MCI Ex Parte); 
Letter from Susanne A. Guyer, Senior Vice President, Federal 
Regulatory Affairs, Verizon, to Marlene H. Dortch, Secretary, 
FCC, WC Docket Nos. 04-36, 05-196 (filed October 21, 2005) 
(Verizon Ex Parte).

6 The effective date of these requirements is set at 120 days 
after the effective date of the VoIP 911 Order.  The VoIP 911 
Order became effective 30 days after publication in the Federal 
Register.  Because the order was published in the Federal 
Register on June 29, 2005, and became effective on July 29, 2005, 
the effective date of these requirements is November 28, 2005.  
See 70 Fed. Reg. 37,273 (June 29, 2005); 70 Fed. Reg. 43,323 
(July 27, 2005). 

7 See 47 C.F.R.  9.5(e).

8 See 47 C.F.R.  9.5(b)(2).  An end-user's ``Registered 
Location'' is the most recent information obtained by an 
interconnected VoIP service provider that identifies the physical 
location of the end-user.  See 47 C.F.R.  9.3.

9 ANI is a system that identifies the billing account for a call 
and, for 911 systems, identifies the calling party and may be 
used as a call back number.  See 47 C.F.R.  9.3, 20.3.

10 See 47 C.F.R.  9.5(b)(2), (c). 

11 Pseudo-ANI is ``a number, consisting of the same number of 
digits as ANI, that is not a North American Numbering Plan 
telephone directory number and may be used in place of an ANI to 
convey special meaning.  The special meaning assigned to the 
pseudo-ANI is determined by agreements, as necessary, between the 
system originating the call, intermediate systems handling and 
routing the call, and the destination system.''  See 47 C.F.R.  
9.3, 20.3.

12 The ``Wireline E911 Network'' is a ``dedicated wireline 
network that:  (1) is interconnected with but largely separate 
from the public switched telephone network; (2) includes a 
selective router; and (3) is utilized to route emergency calls 
and related information to PSAPs, designated statewide default 
answering points, appropriate local emergency authorities or 
other emergency answering points.''  See 47 C.F.R.  9.3.

13 See 47 C.F.R.  9.5(b)(3), (4).

14 See 47 C.F.R.  9.5(d)(1).

15 See 47 C.F.R.  9.5(d)(2).

16 Id.

17 See VoIP 911 Order, 20 FCC Rcd at 10273,  50; 47 C.F.R.  
9.5(f).

18 VoIP 911 Order, 20 FCC Rcd at 10269-70,  42 (footnote 
omitted).

19 See AT&T Ex Parte.

20 See MCI Ex Parte and Verizon Ex Parte.