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March 29, 2007

Ofcom Releases Statement on VoIP Regulation - do I long for the Days of British Subjugation?

The UK's Ofcom issued its long-awaited statement on VoIP regulation, which becomes effective May 29, 2007. The full framework is available at: http://www.ofcom.org.uk/consult/condocs/voipregulation/voipstatement/voipstatement.pdf and the Ofcom statement can be found at: http://www.ofcom.org.uk/consult/condocs/voipregulation/voipstatement/

I submitted comments in the UK proceeding. I like to believe that that effort was worthwhile, and that Ofcom found value in some of the comments presented by members of the VoIP community. The Statement seems to suggest that Ofcom recognized the potential of VoIP to transform the ways in which we communicate and tried to balance the needs of the providers, innovators, and entrepreneurs with the goals of ensuring the social good and an informed consumer base.

The ruling lays out a code of conduct with which VoIP providers must adhere. It does not take immediate steps to require emergency service (999) access. Instead, Ofcom plans to take another look at this area later this year and consult on whether, and how, emergency services calls access might be made a mandatory requirement in the VoIP world.

The framework also explains Ofcom's current thinking on other VoIP related issues including naked DSL, net neutrality, approach to regulation of nomadic services and the European Framework Review.

Specifically, the new code of practice requires VoIP providers to make clear:

- whether or not the service includes access to emergency services;
- the extent to which the service depends on the user's home power supply;
- whether directory assistance, directory listings, access to the operator or the itemization of calls are available; and
- whether consumers will be able to keep their telephone number if they choose to switch providers at a later date.

If consumers choose to take up a service that does not offer access to emergency services or which depends on an external power supply, the code also requires VoIP providers to:

- secure the customer's positive acknowledgement of this at point of sale (by checking a box, for example);
- label the capability of the service, either in the form of a physical label for equipment or via information on the computer screen; and
- play an announcement each time a call to emergency services is attempted, reminding the caller that access is unavailable.

Recognizing that VoIP services have the potential to offer significant new benefits to consumers, including more competition and choice, lower prices and new services such as second lines and nomadic services, my first read suggests to me that Ofcom tried to strike a workable balance between promoting innovation and protecting traditional social goods.

Personally, I prefer the UK's approach to VoIP to what I have seen in the US over the past two years. It seems more thoughtful and better balanced, and seems to focus on what I think should be the central, perhaps only bona fide role for regulators in this emerging space -- ensuring consumers are well informed.

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Posted by jeff on March 29, 2007 04:49 PM | Permalink

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Comments

Great posting Jeff and seems like the industry owes you a collective "Thank you!" for working with the regulators on this. I am curious what you think of Ofcom's other ruling this week, regarding the termination charges between mobile and fixed line networks? I did a posting about that on our corporate blog today and would love to hear your thoughts on it too:

http://jaxtr.blogspot.com/2007/04/last-weeks-ofcom-ruling-in-uk-will-it.html

Posted by: Touraj Parang at April 1, 2007 06:22 PM

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