From: Robert Bocher [robert.bocher@dpi.state.wi.us]
Sent: Sunday, December 14, 2003 8:51 PM
To: voipforum
Subject: Materials Submitted to the VoIP Forum

Name:
 Robert Bocher

E-mail:
 robert.bocher@dpi.state.wi.us

Organization:
 Wisconsin Dept. of Public Instruction

Comments:
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December 14, 2003

RE:  Comments Submitted to the VoIP Forum

Dear Chairman Powell and Commissioners:

I work directly with Wisconsin’s
schools and libraries on the federal
E-rate program.  In this regard I am 
interested (1) that schools and
libraries have access to advanced
services, and (2) that the funding of
the E-rate program and other Universal
Service programs be maintained.  

(1)  Advanced services:  The Universal
Service section of the 1996 
Telecommunications Act (Section 254, 
B, 6) notes that “Elementary and 
secondary schools and classrooms, 
health care providers, and libraries 
should have access to advanced 
telecommunications services.”  Yet 
because of the unanswered question on 
the status of VoIP (is it a regulated 
telecommunications service or an 
unregulated information service), our 
schools and libraries cannot get E-
rate discounts on VoIP.  This 
contradicts the access to "advanced 
services" referenced in the 1996 Act 
and has placed many of our schools and 
libraries in a technology holding 
status regarding upgrades/replacement 
to their traditional (circuit-
switched) telephony service.  VoIP 
should be eligible for E-rate 
discounts. 

(2)  Funding of E-rate:  The increased 
use of VoIP in its current unregulated 
state poses serious issues for ongoing 
funding of the E-rate and other 
Universal Service programs.  Yet I 
believe the FCC has the authority now 
to address the issue of maintaining 
the viability of Universal Service 
without needing to define VoIP as a 
fully regulated telecommunication 
service.  Similarly, the FCC currently 
has the authority to make VoIP 
eligible for E-rate discounts without 
its needing to be a regulated service.

Finally, from a broader perspective, 
the continued definition of services 
as being either regulated 
telecommunication services or 
unregulated information services, and 
then building a regulatory structure 
based on this distinction, is 
increasingly artificial and 
unsustainable.  Newer forms of 
communication technology simply do not 
fit well into this 
traditional "either/or" distinction.  
It is time the FCC steps back and 
takes a fundamental and comprehensive 
review of its whole regulatory 
structure in this area, and the 
funding mechanism to ensure the 
viability of Universal Service must be 
part of this review. 

Thank you for the opportunity to 
comment on this important issue.

Robert Bocher 
Technology Consultant
Wisconsin  Department of Public Instruction
Box 7841, Madison WI 53707-7841
608-266-2127, fax 608-266-2529
robert.bocher@dpi.state.wi.us

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