Resolution on Voice Over Internet Protocol Service

WHEREAS, the widespread availability of affordable, reliable, high quality voice telecommunications service is essential to the public health, safety and welfare and is required by federal law;

WHEREAS, 47 U.S.C. 153  (48) defines telecommunications as “the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received”;

WHEREAS, 47 U.S.C. 153 (51) defines a telecommunications service as “the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used”;

WHEREAS, incumbent local exchange companies, competitive local exchange carriers and interexchange carriers are modifying their networks so that they may provision telecommunications services utilizing voice over Internet protocol (VoIP) technology;

WHEREAS, VoIP services may be offered to the public as either a voice telecommunications service or a substitute for voice telecommunications service;

WHEREAS, VoIP providers have argued that they provide only information services and do not provide telecommunications services;

WHEREAS, carriers are increasingly migrating their traffic to a packet-switched basis like that used for VoIP;

WHEREAS, the migration of service to VoIP and VoIP-like services raises concerns about universal service and universal service support;

WHEREAS, VoIP and VoIP-like services raise concerns about access to E9-1-1 emergency services and financial support for E9-1-1 emergency services;

WHEREAS, regulation of VoIP and VoIP-like services may be better accomplished under Title II of the Communications Act;

WHEREAS, both state and federal regulators are responsible for ensuring the continued widespread availability of reliable, affordable and high quality telecommunications services, and for ensuring continued access to E9-1-1 emergency services for customers of such telecommunications services;

THEREFORE BE IT RESOLVED, that the Federal Communications Commission (FCC) should not define VoIP services to be exempt from regulation, universal service support obligations or E9-1-1 access so that states are preempted from properly exercising their authority to ensure the continued provision of reliable, affordable, high quality voice telecommunications services, including access to E9-1-1 emergency services;

BE IT FURTHER RESOLVED, that the Telecommunications Committee of NASUCA, with the approval of the Executive Committee of NASUCA, is authorized to take all steps consistent with this Resolution in order to secure its implementation.

Approved by NASUCA:

Place:  Atlanta, Georgia