Tuesday, June 14, 2005

 

Legal analysis of FCC's VOIP-911 Order

Susan Crawford's excellent, clear, readable analysis of the FCC's 911-on-VOIP order (.pdf) makes obvious that the FCC action's main intent is to keep the ILECs in control and raises prohibitive barriers to just about anybody doing VOIP.

Plus it raises such complex technical issues that it's simply not implementable. (However, if you were a potential investor in a VOIP startup, enforcability-shmorsability, the order would be causing second thoughts and chilly-willies.)

Plus it says nothing about prohibiting potentially discriminatory ILEC behavior. As gateways to PSAPs, ILECs can charge anything they want, set any terms they want, refuse to work with anybody they find distasteful, etc., etc.

Plus the order -- as top-down an order as there ever was -- gives lie to Martin's position that the FCC will "Let-market-forces-decide."

This is the first important order from the Martin FCC. It does not evidence a single clue. How could Martin let his first important act as Chairman be such a bad one? I hope this is not a portent of things to come.

Comments by David Weinberger here. Another good critical analysis by Jeff Pulver here.

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