**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]{.underline}

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:
    <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).

```{=html}
<!-- -->
```
-   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.

```{=html}
<!-- -->
```
-   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.

```{=html}
<!-- -->
```
-   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.

```{=html}
<!-- -->
```
-   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
    <byron.mccoy@fcc.gov>;

```{=html}
<!-- -->
```
-   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
    <kathy.berthot@fcc.gov>; and

```{=html}
<!-- -->
```
-   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
    <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, S.W.,
Room CY-B402, Washington, D.C. 20554, (202) 488-5300, or via e-mail to
<fcc@bcpiweb.com>.

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.

-FCC-

[^1]: *IP-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).

[^2]: The 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,
    http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2085A1.doc;
    *see also* Public Notice, (DA 05-2358) released August 26, 2005,
    http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2358A1.doc.