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                                                       DA 05-2530
                                    Released:  September 27, 2005

         Enforcement Bureau Provides Further 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 additional guidance concerning its intended enforcement 
of the subscriber affirmative acknowledgement requirement placed 
on interconnected Voice over Internet Protocol (VoIP) service 
providers in the Commission's VoIP E911 Order.1  After 
considering the reports submitted to us by interconnected VoIP 
providers detailing their compliance with the Commission's 
notification requirements,2 it is evident that many providers 
have devoted significant resources to notifying each of their 
subscribers of the limitations of their 911 service and obtaining 
acknowledgements from each of their subscribers.  Specifically, 
by repeatedly prompting subscribers through a variety of means, 
the majority of providers submitting September reports have 
obtained acknowledgments from nearly all, if not all, of their 
subscribers.  For example, the September reports indicate that at 
least 21 providers have received acknowledgments from 100 percent 
of their subscribers and at least 32 others have obtained 
acknowledgements from 90 percent or more of their subscribers.  
In recognition of these substantial efforts and the very high 
percentage of received acknowledgments, the Bureau announces that 
it will not pursue enforcement action against such providers.  We 
do, however, expect these providers will continue seeking the 
remaining acknowledgements and will notify the Commission once 
they have achieved 100% compliance.  
     To the extent that a provider has not received 
acknowledgements from at least 90% of its subscribers, we intend 
to continue forbearing from enforcement of our acknowledgment 
requirement until October 31, 2005, provided that these providers 
submit a status report to us by October 25, 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.  

     Filing Procedures

   Interconnected VoIP providers may file the above-referenced 
report in this proceeding on or before October 25, 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:  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 

         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;

         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 
; 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

     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

     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.



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).

2The 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,
2085A1.doc; see also Public Notice, (DA 05-2358) released August 
26, 2005,