FCC Gives VoIP Service Providers One Free Pass on E911

The Federal Communications Commission's failure to classify VoIP as a telecom or non-telecom has created a loophole where some service providers get one free pass for not providing compliant E911 services, according to Steve Augustino, an attorney with Kelley, Drye and Warren and a writer for Telecom Monitor Law.

The end of October

At the end of October, the FCC (News - Alert) found that Vantage Communications, an interconnected Voice over Internet Protocol service provider, was not delivering E911 calling services to at least three customers. Although this is a major violation of federal regulations, Vantage was not fined. Instead, the company was issued a citation, which is essentially just a warning.

This inequity, according to Augustino, stems from the fact that the Communications Act does not give the FCC the authority to impose major penalties on non-license or permit holders the first time they commit a violation.

"As Vantage Communications (News - Alert) illustrates, these provisions are benefiting interconnected VoIP providers greatly," he said. "Because the FCC has refused to determine whether interconnected VoIP is telecommunications service, the Enforcement Bureau has proceeded cautiously with entities that only provide interconnected VoIP service."

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