In an unusual move, Federal
Communications Commission (FCC) Chairman Michael K. Powell has written
a letter to SBC Communications
Inc., warning the incumbent that its efforts to charge voice-over-IP service
providers higher fees could require the commission to take action against the telco.
This year SBC introduced a voice-over-IP termination service, called TipTOP. The
issue reportedly has been that SBC is being very aggressive in state arbitrations,
asking the VoIP services pay standard "access charges," which supposedly do not
apply to "data" services, such as voice over IP, rather than "reciprocal compensation,"
which is what applies today.
(Access fees are what a long-distance provider pays to terminate traffic with
the local phone company. Reciprocal compensation, on the other hand, is what a local
phone company, such as a CLEC, pays another local phone company to terminate
traffic. Access fees are charged at a higher rate, about .6 cents per minute, compared
to less than a third of that amount for reciprocal compensation.)
Drawing a Line Using unusually strong language, Powell reminds SBC, "I am committed to
ensuring that this commission avoids any action that might slow the IP-services
revolution."
Powell adds, "Should we conclude that this tariff is being used to justify the
imposition of traditional tariffed access charges on VoIP providers or to discriminate
against SBC's competitors, the commission will take appropriate action including, but
not limited to, initiating an investigation of SBC's interstate tariff and any other tariff that
proposes similar terms. Nothing in this tariff should be interpreted to force a set of
compensation relationships on VoIP providers and their connecting carriers either at
this commission or in other venues."
The FCC is scheduled to address broad issues of VoIP regulation in the new
year, including access charges and reciprocal compensation. There are three
proceedings that raise issues about the charges applicable to VoIP services: a petition
filed by Level 3 Communications
Inc., the FCC's intercarrier compensation proceeding and a rule-making on IP-
enabled services.
"We are in the process of trying to figure out what the appropriate intercarrier
compensation regime should be," says FCC spokesperson Mark
Wigfield. "We wanted to make sure, as they {SBC} file this tariff, that their tariff does
not impede our effort to look at this comprehensively."