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Cybertelecom
Federal Internet Law & Policy
An Educational Project |
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VoIP: ACTA Petition |
The ACTA petition was the first time that the FCC confronted VoIP as a policy issue. The FCC, however, never acted on the ACTA petition, and ACTA, the moving party, no longer exists. The question presented by the ACTA petition was whether the FCC had regulatory authority to regulate VoIP Internet software used by individuals to do telephony with each other, with no service provider in the middle.
| ACTA Petition: a.k.a. Provision of Interstate and International Interexchange Telecommunications Service via the "Internet" by Non-tariffed, Uncertified Entities |
Pending: Comment period has closed but it may still be possible to express your opinion pursuant to the FCC's Ex Parte Rules. |
- ACTA Petition (March 4, 1995) (sic).
- Public Notice requesting comments (March 25, 1996) (comment period closed June 8, 1996).
- "On March 4, 1996, America's Carriers Telecommunication Association (ACTA) filed a Petition for Declaratory Ruling, Special Relief, and Institution of a Rulemaking relating to the provision of interstate and international interexchange telecommunications service via the "Internet" by non-tariffed, uncertified entities. ACTA alleges that providers of "Internet phone" software and hardware are operating as uncertified and unregulated common carriers, in contravention of FCC rules, and seeks three forms of relief. First, ACTA seeks a declaratory ruling establishing the Commission's authority over interstate and international telecommunications services using the Internet. Second, ACTA asks the Commission for special relief: to order named and unnamed respondents immediately to stop provisioning Internet phone software and hardware without complying with the regulatory requirements of the Communications Act of 1934. Finally, ACTA urges the Commission to initiate a rulemaking proceeding to consider rules governing the use of the Internet for the provision of telecommunications services."
- In the 1998 Steven's Report, the FCC stated the following: "A petition for rulemaking by Americas Carriers Telecommunication Association (ACTA) asking that IP telephony software and hardware providers be classified as common carriers is still pending. See Common Carrier Bureau Clarifies and Extends Request for Comment on ACTA Petition Relating to "Internet Phone" Software and Hardware -- RM 8775, Report No. CC 96-10 (March 25, 1996). Although the analysis in this Report addresses many of the issues raised in the ACTA petition, we will be considering the petition in a separate order." Steven's Report, Footnote 172.
- Note: "In early 1999, CompTel combined with America's Carriers Telecommunication Association (ACTA)." CompTel is opposed to the imposition of fees on Internet Telephony. See Letter to Commerce Committee Members urging the Rejection of the Internet Telephony "Tax" Amendment (May 9, 2000); CompTel Oppose the Boucher Internet Tax Amendment! (H.R. 1291) (May 8, 2000). However, there is no indication that Comptel has either withdrawn or has pursued the ACTA petition.
- Note also: Although ACTA no longer exists, the filing of the ACTA Petition led to the creation of the VON Coalition by Jeff Pulver, one of the leading advocates and associations with regards to IP Telephony.
- Comments
- Joint Opposition of Computer Professionals for Social Responsibility and the Benton Foundation to the ACTA Petition requesting regulation of Internet Telephony Software and of the Internet (May 8, 1996).
- CDT's Comments
- ACTA Petition Information at MIT Telephony Consortium.
- Sears, Andrew L., Phil Mutooni, and Borris Li. "An Analysis of the ACTA Filing to Ban Internet Telephony." Paper and presentation made to "Information Technology Business Strategy and Public Policy," Harvard University, 7 April 1996.
- Newswire Report on Petition Mar 4, 1996
- NorthStart Report on Petition Mar 17 1996
- ZDNET's Article March 5 1996
- ACTA Urges FCC to Consider Access Charges on Internet Telephony TelecomAM 4/5/98
- Andrew Oram's of Computer Professionals for Social Responsibility statement on the ACTA Petition.
- David Loundy Phone Companies Urge FCC to Disconnect Competitors, CDLB Technology Law Column
- What are ACTA's essential arguments? Freetel.
- ACTA Lobbies to Ban Internet Phone Services Discount Long Distance Digest News (March 5, 1996)
- Phone Companies Challenge Internet Phone Products Inter@ctive Week (March 5, 1996).
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