VOIP Regulatory Freedom Act of 2004

Bill: 108-s-2281
Sponsor: Sen. Sununu, John E. [R-NH]
Introduced: 2004-04-05 in the Senate
Policy area: Science, Technology, Communications
Subjects: Administrative procedure
Armed Forces and National Security
Broadband
Commerce
Compensation (Law)
Computer security measures
Congress
Congressional reporting requirements
Consumer education
Contracts
Crime and Law Enforcement
Criminal investigation
Delegation of powers
Disabled
Emergency Management
Emergency communication systems
Federal Communications Commission
Federal preemption
Fees
Government Operations and Politics
Government and business
Identification devices
Independent regulatory commissions
Internet
Law
Legislation
Local laws
Local taxation
Restrictive trade practices
Standards
State laws
State taxation
Tax exemption
Taxation
Telecommunication industry
Telecommunication rates
Telephone
Voice mail systems
Wiretapping

Summary:
action_date: 2004-04-05
text: 
VOIP Regulatory Freedom Act of 2004 - Reserves solely to the Federal Government the responsibility and authority to regulate the offering or provision of a voice-over-Internet-protocol (VOIP) application (an application that uses the Internet or any successor protocol to offer two-way or multidirectional voice communications). Prohibits State regulation, or delegation to States, of such authority.
 
 Prohibits the offering or provision of a VOIP application from being subject to access charges under Federal Communications Commission (FCC) regulations, but allows the FCC to establish a compensation mechanism for providers of VOIP applications based on the recovery of costs. Prohibits the FCC from imposing a compensation mechanism based on the mutual recovery of costs through reciprocal obligations unless the FCC has established a single unified regime for the sending and receiving of all data and voice communications. Allows connected VOIP application providers to enter into private negotiations for the mutual recovery of costs for sending or receiving voice communications of a connected VOIP application.
 
Directs the FCC to: (1) ensure that all providers of a connected VOIP application contribute to the preservation and advancement of Federal universal service programs based on a flat fee; and (2) require such providers to provide access to necessary information to law enforcement agencies not less than that required of information service providers. 
 
Requires the FCC to appoint an appropriate representative industry organization to develop guidelines, protocols, or performance requirements pertaining to the offering or provision of connected VOIP applications for: (1) providing comparable capabilities to 911 services; (2) improving use by the disabled community; (3) improving reliability of VOIP applications; and (4) ensuring appropriate security for the application and voice communications.
 
Prohibits a State or political subdivision from imposing a tax or other charge on the offering or provision of a VOIP application.

action_date: 2004-11-19
text: 
VOIP Regulatory Freedom Act of 2004 - Reserves solely to the Federal Government the authority to regulate the offering or provision of a voice-over-Internet-protocol (VOIP) application (an application that uses the Internet or any successor protocol to offer two-way or multidirectional voice communications). Prohibits State regulation of such authority.
 
States that nothing in this Act: (1) limits State jurisdiction over 911 and enhanced-911 telephone services; (2) exempts providers of a VOIP application from State universal service preservation and interprovider compensation requirements; or (3) affects the authority of the Federal Communications Commission (FCC) or any State to regulate the facilities used to transmit a voice communication of a VOIP application.
 
Requires the FCC to: (1) conclude a proceeding establishing a transition period in which providers of a VOIP application are required to provide 911 and enhanced-911 services comparable to those provided by other telecommunications carriers; and (2) report to specified congressional committees on the progress of enhanced-911 implementation for connected VOIP applications.
 
Preserves the obligation of a VOIP application provider to furnish authorized law enforcement authorities all information, facilities, and technical assistance necessary to accomplish an interception (of a phone call) or the installation of a pen register or trap and trace device. Requires a report from the: (1) Comptroller General to specified congressional committees addressing technical problems encountered by law enforcement authorities when intercepting and analyzing communications over the Internet or using the Internet protocol; and (2) FCC to such committees assessing the first ten years of implementation of the Communications Assistance for Law Enforcement Act.
 
Terminates this Act three years after its enactment.


Legislative actions:
action_date: 2004-12-07
text: By Senator McCain from Committee on Commerce, Science, and Transportation filed written report. Report No. 108-425.
action_date: 2004-12-07
text: By Senator McCain from Committee on Commerce, Science, and Transportation filed written report. Report No. 108-425.
action_date: 2004-11-19
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 812.
action_date: 2004-11-19
text: Committee on Commerce, Science, and Transportation. Reported by Senator McCain with an amendment in the nature of a substitute. Without written report.
action_date: 2004-11-19
text: Committee on Commerce, Science, and Transportation. Reported by Senator McCain with an amendment in the nature of a substitute. Without written report.
action_date: 2004-07-22
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2004-06-16
text: Committee on Commerce, Science, and Transportation. Hearings held.
action_date: 2004-04-05
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2004-04-05
text: Introduced in Senate