**DA 05-2358**

**Released: August 26, 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 further
guidance to providers of interconnected voice over Internet protocol
(VoIP) service concerning enforcement of the subscriber affirmative
acknowledgement requirement set forth in the Commission's *VoIP Enhanced
911 (E911)* rules.[^1] Specifically, the Bureau announces that it will
continue to refrain, for an additional 30 days \-- until September 28,
2005 \-- from enforcing the requirement that VoIP providers obtain
affirmative acknowledgements from 100% of their subscribers that they
have read and understood an advisory concerning the limitations of their
E911 service against those providers that meet the reporting
requirements established below.

In addition to satisfying these reporting requirements, to be eligible
for this extension, providers also must have filed a report on or before
August 10, 2005 in accordance with the Bureau's *July 26, 2005 Public
Notice.* The Bureau will evaluate the sufficiency of the updated reports
filed by interconnected VoIP providers and take subsequent action as
necessary.

[Background]{.underline}. The Federal Communications Commission (FCC)
released an Order on June 3, 2005,[^2] requiring interconnected VoIP
service providers[^3] to provide E911 capabilities to their subscribers
no later than 120 days from the effective date of the Order.[^4]
Additionally, as set forth in the *VoIP E911 Order,* all providers of
interconnected VoIP service were required by July 29, 2005 to:

-   Specifically advise every new and existing subscriber, prominently
    and in plain language, of the circumstances under which E911 service
    may not be available through the interconnected VoIP service or may
    be in some way limited by comparison to traditional E911 service
    ("advisory requirement"); and

-   Obtain and keep a record of affirmative acknowledgement by every
    subscriber, both new and existing, of having received and understood
    the advisory described in the paragraph above ("affirmative
    acknowledgement requirement"); and

-   Distribute to its existing subscribers warning stickers or other
    appropriate labels warning subscribers if E911 service may be
    limited or not available and instructing the subscriber to place
    them on or near the equipment used in conjunction with the
    interconnected VoIP service. Each interconnected VoIP provider
    should distribute such warning stickers or other appropriate labels
    to each new subscriber prior to the initiation of that subscriber's
    service ("sticker requirement").[^5]

On July 26, 2005, the Bureau released a Public Notice stating that it
would delay, until August 30, 2005, any enforcement action against any
provider of interconnected VoIP service regarding the affirmative
acknowledgement requirement if the provider filed a report by August 10,
2005, detailing its progress toward satisfying the customer advisory,
affirmative acknowledgement, and sticker requirements. The Bureau
further stated its expectation that interconnected VoIP providers would
disconnect, by August 30, 2005, all subscribers from whom it had not
received affirmative acknowledgements. The 30-day extension has allowed
interconnected VoIP providers to continue to obtain affirmative
acknowledgements from subscribers and minimize the number subject to
potential disconnection.

The Bureau has reviewed numerous reports filed by VoIP providers on
August 10. The reports demonstrate the significant efforts made by
providers in complying with the 100% affirmative acknowledgement
requirement. As a result of its review of these reports, the Bureau has
determined that it will not initiate enforcement action, until September
28, 2005, regarding the affirmative acknowledgement requirement against
those providers that: (1) previously filed reports on or before August
10, 2005 in accordance with the *July 26 Public Notice*; and (2) file
two separate updated reports with the FCC by **September 1, 2005** and
**September 22, 2005**, containing the information described below.
During this additional period of time, the Bureau expects that all
interconnected VoIP providers that qualify for this extension will
continue to use all means available to them to obtain affirmative
acknowledgements from all of their subscribers. Qualifying providers
will also have additional time to consider "soft" or "warm" disconnect
or suspension methods, as described below.

[Subscriber Notification and Acknowledgement Status and Compliance
Reports]{.underline}

In the September 1, 2005 and September 22, 2005 reports, each provider
must submit the following information updating its August 10, 2005
report:

-   A detailed explanation regarding current compliance with the notice
    and warning sticker requirements *if* the provider did not notify
    and issue warning stickers or labels to 100% of its subscribers by
    the July 29, 2005 deadline. Providers expected to update this
    information include those that were in the process of providing
    notice and/or stickers to their subscribers, but had not completed
    the process by July 29, 2005.

-   A quantification of the percentage of the provider's subscribers
    that have submitted affirmative acknowledgements as of the date of
    the September 1 and September 22 reports, and an estimation of the
    percentage of subscribers from whom the provider does not expect to
    receive an acknowledgement by September 28, 2005;

-   A detailed description of any and all actions the provider plans to
    take towards any of its subscribers that do not affirmatively
    acknowledge having received and understood the advisory; and,

-   A detailed description of any and all plans to use a "soft" or
    "warm" disconnect (or similar) procedure for subscribers that fail
    to provide an affirmative acknowledgement by September 28, 2005. The
    Bureau notes that in their August 10, 2005 reports some providers,
    such as Teliphone, Inc. and Broadview Networks, Inc., state that
    they will use a "soft" disconnect procedure to disconnect those
    subscribers that ultimately do not acknowledge having received and
    understood the customer advisory. As the Bureau understands it, the
    soft disconnect procedure will either disallow all non-911 calls or
    intercept and send those calls to the provider's customer service
    department. Under this "soft" disconnect procedure, however, calls
    to 911 will continue to go to the appropriate Public Safety
    Answering Point (PSAP). A provider's September 1 and September 22
    reports must include either a statement that the provider will use a
    "soft" or "warm" disconnect (or similar) solution as of September
    28, 2005, or a detailed explanation of why it is not feasible for
    the provider to use a "soft" or "warm" disconnect solution, as
    described above.

[Filing Procedures]{.underline}

Interconnected VoIP providers may file the above-referenced reports in
this proceeding on or before September 1, 2005 and September 22, 2005.
All reports must reference WC Docket No. 05-196 and should be labeled
clearly on the first page as "Subscriber Acknowledgement Report (date)."
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).

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-   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.

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-   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.

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-   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.

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-   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, SW, Washington, D.C. 20554, or by email to
    <byron.mccoy@fcc.gov>;

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-   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

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-   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 proceeding, contact David Hunt,
Telecommunications Consumers Division, Enforcement Bureau, (202)
418-1522, or Cynthia Bryant, Telecommunications Consumers Division,
Enforcement Bureau, (202) 418-8164.

-FCC-

[^1]: *IP-Enabled Services and E911 Requirements for IP-Enabled Service
    Providers*, First Report and Order and Notice of Proposed
    Rulemaking, 2005 WL 1323217, FCC, (rel. Jun 3, 2005) at ¶¶ 48, 73
    (*VoIP E911 Order*); *see also* 47 C.F.R. §9.5(e).

[^2]: *VoIP E911 Order*.

[^3]: "Interconnected VoIP service" means an interconnected Voice over
    Internet Protocol (VoIP) 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; 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.

[^4]: The effective date of the Order is July 29, 2005 (30 days from the
    date of publication in the Federal Register). 70 Fed. Reg. 37,273
    (June 29, 2005).

[^5]: *VoIP E911 Order* at ¶¶ 48, 73; *see also* 47 C.F.R. § 9.5.