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: ------------------------------------------------------------ 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 ------------------------------------------------------------