**DA 05-2945**

**Released: November 7, 2005**

**Enforcement Bureau Outlines Requirements of November 28, 2005**

**Interconnected Voice Over Internet Protocol 911 Compliance Letters**

**WC Docket No. 04-36**

**WC Docket No. 05-196**

In this Public Notice, the Enforcement Bureau (Bureau) sets forth the
specific information that interconnected voice over Internet Protocol
(VoIP) service providers[^1] must include in the Compliance Letters
required by the Federal Communications Commission (Commission) in its
June 3, 2005 order establishing enhanced 911 requirements for IP-enabled
service providers.[^2] Compliance Letters must be filed with the
Commission on or before November 28, 2005.[^3] Although the Bureau has
released prior public notices addressing the Commission's subscriber
notification and acknowledgement requirements,[^4] this Notice addresses
only the Compliance Letter requirements.

In addition, the Bureau takes this opportunity to commend the steps
undertaken by AT&T Corp. (AT&T), MCI, Inc. (MCI) and Verizon
Communications, Inc. (Verizon) to comply with the Commission's VoIP 911
provisioning requirements, as outlined in recent letters they filed in
the above-referenced dockets.[^5] As detailed below, the Bureau strongly
encourages other providers to adopt similar measures to comply with the
VoIP 911 requirements and will carefully analyze an interconnected VoIP
provider's implementation of such measures in determining whether and
how to take enforcement action.

[Background]{.underline}

On June 3, 2005 the Commission released the *VoIP 911 Order* adopting
rules that require interconnected VoIP providers to provide their new
and existing subscribers with 911 service no later than November 28,
2005.[^6] Specifically, as a condition of providing interconnected VoIP
service, each interconnected VoIP provider must, in addition to
satisfying the subscriber notification, acknowledgment, and labeling
requirements set forth in section 9.5(e) of the Commission's rules:[^7]

-   Transmit all 911 calls to the public safety answering point (PSAP),
    designated statewide default answering point, or appropriate local
    emergency authority that serves the caller's "Registered
    Location."[^8] Such transmissions must include the caller's
    Automatic Numbering Information (ANI)[^9] and Registered Location to
    the extent that the PSAP, designated statewide default answering
    point, or appropriate local emergency authority is capable of
    receiving and processing such information;[^10]

-   Route all 911 calls through the use of ANI and, if necessary,
    pseudo-ANI,[^11] via the Wireline E911 Network,[^12] and make a
    caller's Registered Location available to the appropriate PSAP,
    designated statewide default answering point or appropriate local
    emergency authority from or through the appropriate Automatic
    Location Identification (ALI) database;[^13]

-   Obtain from each of its existing and new customers, prior to the
    initiation of service, a Registered Location;[^14] and

-   Provide all of their end users one or more methods of updating their
    Registered Location at will and in a timely manner.[^15] At least
    one method must allow end users to use only the same equipment (such
    as the Internet telephone) that they use to access their
    interconnected VoIP service.[^16]

[Compliance Letters]{.underline}

Additionally, given the vital public safety interests at stake, the
*VoIP 911 Order* requires each interconnected VoIP provider to file with
the Commission a Compliance Letter on or before November 28, 2005
detailing its compliance with the above 911 requirements.[^17] To ensure
that interconnected VoIP providers have satisfied the requirements set
forth above, we require interconnected VoIP providers to include the
following information in their Compliance Letters:

-   [911 Solution]{.underline}: This description should include a
    quantification, on a percentage basis, of the number of subscribers
    to whom the provider is able to provide 911 service in compliance
    with the rules established in the *VoIP 911 Order*. Further, the
    detailed description of the technical solution should include the
    following components:

    -   [911 Routing Information/Connectivity to Wireline E911
        Network]{.underline}: A detailed statement as to whether the
        provider is transmitting, as specified in Paragraph 42 of the
        *VoIP 911 Order*, "all 911 calls to the appropriate PSAP,
        designated statewide default answering point, or appropriate
        local emergency authority utilizing the Selective Router, the
        trunk line(s) between the Selective Router and the PSAP, and
        such other elements of the Wireline E911 Network as are
        necessary in those areas where Selective Routers are
        utilized."[^18] If the provider is not transmitting all 911
        calls to the correct answering point in areas where Selective
        Routers are utilized, this statement should include a detailed
        explanation why not. In addition, the provider should quantify
        the number of Selective Routers to which it has interconnected,
        directly or indirectly, as of November 28, 2005.

    -   [Transmission of ANI and Registered Location
        Information]{.underline}: A detailed statement as to whether the
        provider is transmitting via the Wireline E911 Network the 911
        caller's ANI and Registered Location to all answering points
        that are capable of receiving and processing this information.
        This information should include: (i) a quantification, on a
        percentage basis, of how many answering points within the
        provider's service area are capable of receiving and processing
        ANI and Registered Location information that the provider
        transmits; (ii) a quantification of the number of subscribers,
        on a percentage basis, whose ANI and Registered Location are
        being transmitted to answering points that are capable of
        receiving and processing this information; and (iii) if the
        provider is not transmitting the 911 caller's ANI and Registered
        Location to all answering points that are capable of receiving
        and processing this information, a detailed explanation why not.

    -   [911 Coverage]{.underline}: To the extent a provider has not
        achieved full 911 compliance with the requirements of the *VoIP
        911 Order* in all areas of the country by November 28, 2005, the
        provider should: 1) describe in detail, either in narrative form
        or by map, the areas of the country, on a MSA basis, where it is
        in full compliance and those in which it is not; and 2) describe
        in detail its plans for coming into full compliance with the
        requirements of the order, including its anticipated timeframe
        for such compliance.

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-   [Obtaining Initial Registered Location Information]{.underline}: A
    detailed description of all actions the provider has taken to obtain
    each existing subscriber's current Registered Location and each new
    subscriber's initial Registered Location. This information should
    include, but is not limited to, relevant dates and methods of
    contact with subscribers and a quantification, on a percentage
    basis, of the number of subscribers from whom the provider has
    obtained the Registered Location.

-   [Obtaining Updated Registered Location Information]{.underline}: A
    detailed description of the method(s) the provider has offered its
    subscribers to update their Registered Locations. This information
    should include a statement as to whether the provider is offering
    its subscribers at least one option for updating their Registered
    Location that permits them to use the same equipment that they use
    to access their interconnected VoIP service.

-   [Technical Solution for Nomadic Subscribers]{.underline}: A detailed
    description of any technical solutions the provider is implementing
    or has implemented to ensure that subscribers have access to 911
    service whenever they use their service nomadically.

The Bureau notes that in an October 7, 2005 letter submitted in WC
Docket Nos. 04-36 and 05-196,[^19] AT&T outlined an innovative
compliance plan that it is implementing to address the Commission's 911
provisioning requirements that take effect on November 28, 2005. In
letters filed on October 21, 2005 in these dockets, MCI and Verizon each
outlined similar compliance plans.[^20] Each of these plans includes an
automatic detection mechanism that enables the provider to identify when
a customer may have moved his or her interconnected VoIP service to a
new location and ensure that the customer continues to receive 911
service even when using the interconnected VoIP service nomadically.
These plans also include a commitment to not accept new interconnected
VoIP customers in areas where the provider cannot provide 911 service
and to adopt a "grandfather" process for existing customers for whom the
provider has not yet implemented either full 911 service or the
automatic detection capability.

The Bureau applauds the steps undertaken by AT&T, MCI and Verizon and
strongly encourages other providers to adopt similar measures. The
Bureau will carefully review a provider's implementation of steps such
as these in deciding whether and how to take enforcement action.
Providers should include in their November 28, 2005, Compliance Letters
a detailed statement as to whether and how they have implemented such
measures. To the extent that providers have not implemented these or
similar measures, they should describe what measures they have
implemented in order to comply with the requirements of the *VoIP 911
Order.*

Although we do not require providers that have not achieved full 911
compliance by November 28, 2005, to discontinue the provision of
interconnected VoIP service to any existing customers, we do expect that
such providers will discontinue marketing VoIP service, and accepting
new customers for their service, in all areas where they are not
transmitting 911 calls to the appropriate PSAP in full compliance with
the Commission's rules.

[Filing Procedures]{.underline}

Interconnected VoIP providers must file the above-referenced Compliance
Letters in this proceeding on or before November 28, 2005. All such
filings must reference WC Docket No. 05-196 and should be labeled
clearly on the first page as "Compliance Letter." Compliance Letters 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).

-   Paper Filers: Parties who 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, 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.

-   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.

-   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:

-   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

-   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 notice, press should contact
Janice Wise, Director, Media Relations, Enforcement Bureau, (202)
418-8165, and providers should contact Kathy Berthot, Deputy Chief,
Spectrum Enforcement Division, Enforcement Bureau, (202) 418-7454.

-FCC-

[^1]: "Interconnected VoIP service" means an interconnected voice over
    Internet Protocol 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 (CPE); 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. *See* 47
    C.F.R. § 9.3.

[^2]: *IP-Enabled Services and 911 Requirements for IP-Enabled Service
    Providers*, First Report and Order and Notice of Proposed
    Rulemaking, 20 FCC Rcd 10245, 10273, ¶ 50 (2005) (*VoIP 911 Order*);
    47 C.F.R. § 9.5(f).

[^3]: 47 C.F.R. § 9.5(f).

[^4]: *See* Public Notice, *Enforcement Bureau Provides Guidance to
    Interconnected Voice Over Internet Protocol Service Providers
    Concerning the July 29, 2005 Subscriber Notification Deadlines*, WC
    Docket Nos. 04-36, 05-196, DA 05-2085 (rel. July 26, 2005); Public
    Notice, *Enforcement Bureau Provides Further Guidance to
    Interconnected Voice Over Internet Protocol Service Providers
    Concerning Enforcement of Subscriber Acknowledgement Requirement*,
    WC Docket Nos. 04-36, 05-196, DA 05-2358 (rel. Aug. 26, 2005);
    Public Notice, *Enforcement Bureau Provides Further Guidance to
    Interconnected Voice Over Internet Protocol Service Providers
    Concerning Enforcement of Subscriber Acknowledgement Requirement*,
    WC Docket Nos. 04-36, 05-196, DA 05-2530 (rel. Sept. 27, 2005);
    Public Notice, *Enforcement Bureau Provides Additional Guidance to
    Interconnected Voice Over Internet Protocol Service Providers
    Concerning Enforcement of Subscriber Acknowledgement Requirement*,
    WC Docket Nos. 04-36, 05-196, DA 05-2874 (rel. Oct. 31, 2005). The
    subscriber notification and acknowledgement requirements are
    codified in section 9.5(e) of the Commission's rules. 47 C.F.R. §
    9.5(e); *see also* *VoIP 911 Order*, 20 FCC Rcd at 10271-73, ¶¶
    47-49.

[^5]: *See* Letter from Robert W. Quinn, Jr., Vice President, Federal
    Government Affairs, AT&T, to Marlene H. Dortch, Secretary, FCC, WC
    Docket Nos. 04-36, 05-196 (filed October 7, 2005) (AT&T *Ex Parte*);
    Letter from Richard S. Whitt, Vice President, Federal Regulatory,
    MCI, to Marlene H. Dortch, Secretary, FCC, WC Docket Nos. 04-36,
    05-196 (filed October 21, 2005) (MCI *Ex Parte*); Letter from
    Susanne A. Guyer, Senior Vice President, Federal Regulatory Affairs,
    Verizon, to Marlene H. Dortch, Secretary, FCC, WC Docket Nos. 04-36,
    05-196 (filed October 21, 2005) (Verizon *Ex Parte*).

[^6]: The effective date of these requirements is set at 120 days after
    the effective date of the *VoIP 911 Order*. The *VoIP 911 Order*
    became effective 30 days after publication in the Federal Register.
    Because the order was published in the Federal Register on June 29,
    2005, and became effective on July 29, 2005, the effective date of
    these requirements is November 28, 2005. *See* 70 Fed. Reg. 37,273
    (June 29, 2005); 70 Fed. Reg. 43,323 (July 27, 2005).

[^7]: *See* 47 C.F.R. § 9.5(e).

[^8]: *See* 47 C.F.R. § 9.5(b)(2). An end-user's "Registered Location"
    is the most recent information obtained by an interconnected VoIP
    service provider that identifies the physical location of the
    end-user. *See* 47 C.F.R. § 9.3.

[^9]: ANI is a system that identifies the billing account for a call
    and, for 911 systems, identifies the calling party and may be used
    as a call back number. *See* 47 C.F.R. §§ 9.3, 20.3.

[^10]: *See* 47 C.F.R. §§ 9.5(b)(2), (c).

[^11]: Pseudo-ANI is "a number, consisting of the same number of digits
    as ANI, that is not a North American Numbering Plan telephone
    directory number and may be used in place of an ANI to convey
    special meaning. The special meaning assigned to the pseudo-ANI is
    determined by agreements, as necessary, between the system
    originating the call, intermediate systems handling and routing the
    call, and the destination system." *See* 47 C.F.R. §§ 9.3, 20.3.

[^12]: The "Wireline E911 Network" is a "dedicated wireline network
    that: (1) is interconnected with but largely separate from the
    public switched telephone network; (2) includes a selective router;
    and (3) is utilized to route emergency calls and related information
    to PSAPs, designated statewide default answering points, appropriate
    local emergency authorities or other emergency answering points."
    *See* 47 C.F.R. § 9.3.

[^13]: *See* 47 C.F.R. §§ 9.5(b)(3), (4).

[^14]: *See* 47 C.F.R. § 9.5(d)(1).

[^15]: *See* 47 C.F.R. § 9.5(d)(2).

[^16]: *Id.*

[^17]: *See* *VoIP 911 Order*, 20 FCC Rcd at 10273, ¶ 50; 47 C.F.R. §
    9.5(f).

[^18]: *VoIP 911 Order*, 20 FCC Rcd at 10269-70, ¶ 42 (footnote
    omitted).

[^19]: *See* AT&T *Ex Parte*.

[^20]: *See* MCI *Ex Parte* and Verizon *Ex Parte*.