Telecommunications Bill of 2005

__NOTOC__ The Telecommunications Act of 2005 (tentativelynamed) [COPE Act of 2006 (Communications Act of 2006)] is a proposed United States telecommunications law thatmakes regulatory changes to broadband Internet providers,
Voice over IP providers, and
Broadband Video services. Some ofit will likely become law due to current political alignmentbetween President George W. Bush and
Congress, though specific detailsmay substantially change as it makes its way out of committee andthrough Congress [Blankenhorn, Dana. [http://www.corante.com/mooreslore/archives/2005/09/19/gittin_while_the_gittins_good.php Gittin' While the Gittin's Good] 19 September 2005.] .

In its current form, the law proposes to keep VoIP services andBroadband Video services from state regulation by way of the
interstate commerce clause, keeping regulation of these areasexclusively to the federal government.

The bill proposes adding several new requirements to VoIP services,including number portability,
interconnection requirements, E911 services,and telecommunications relayrequirements. In addition, the FCC is instructed to considerassessing universal servicefees. [ [http://68k.org/~interiot/academics/politics/telecom/act2005/09152005_staff_disc.html#sec206 Sec. 206.] Revision of universal service requirements. Staff discussion draft bill, 15 Sep 05.] It also proposes several new requirements for Broadband Videoservices, including rating blocking ability,
public-access and other
must-carry requirements, ownership and franchisecontrols, Emergency Alert System requirements,
closed captioning, and several other requirements. [ibid. [http://68k.org/~interiot/academics/politics/telecom/act2005/09152005_staff_disc.html#sec304 Sec. 304.] Application of video regulations to broadband video service providers.]

It's not clear whether terms such as "VoIP" and "Broadband Video"are meant to cover all users of software such as Microsoft NetMeeting,
Asterisk PBX, or RealVideo. Currently, the bill definesits terms broadly and doesn't appear to make exclusions for thewide variety of noncommercial or free services, content, andsoftware that could come under its registration and regulationrequirements. The bill specifically mentions that free servicesand content are included in its regulation requirements. [ibid. [http://68k.org/~interiot/academics/politics/telecom/act2005/09152005_staff_disc.html#sec2 Sec. 2.] Definitions; (a) Terms;(20) [http://68k.org/~interiot/academics/politics/telecom/act2005/09152005_staff_disc.html#voip_service VOIP Service] .] [ibid. [http://68k.org/~interiot/academics/politics/telecom/act2005/09152005_staff_disc.html#sec2 Sec. 2.] Definitions; (a) Terms;(5) [http://68k.org/~interiot/academics/politics/telecom/act2005/09152005_staff_disc.html#broadband_video_service Broadband Video Service] .] An earlier FCC rule regarding 911 requirements for VoIP servicesdrew finer distinctions, stating that only services whichinterconnect with the traditional phone system aresubject to the FCC's new requirements.

Timeline

On November 9, 2005, the
U.S. House Committee on Energy and Commerceheld a hearing regarding a staff draft made available. By March 30,
2006, the Committee had held a hearing to consider a CommitteePrint on the
COPE Act of 2006. [House Energy and Commerce Committee. [http://energycommerce.house.gov/reparchives/108/Hearings/03302006hearing1823/hearing.htm Hearing to consider Committee Print on the COPE Act of 2006] .] By June 12 2006, the Househad passed the bill to the Senate, where itwas received and read twice, and referred to the Committee on Commerce, Science, and Transportation. [Library of Congress. [http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR05252:@@@S H.R.5252: All Actions] ] On September 29 2006, the Senate issued their Report. [ibid. [http://thomas.loc.gov/cgi-bin/cpquery/R?cp109:FLD010:@1(sr355): Senate Report 109-355 29 Sep. 2006] Document, description of the Communications Act of 2006] and placed the bill on the Senate legislative calendar. [ibid. [http://thomas.loc.gov/cgi-bin/bdquery/z?d109:H.R.5252: Bill Summary and Status] ] [ibid. [http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.5252: H.R.5252-RS - 29 Sep. 2006 - 109-355] Communications Act of 2006 (text of the proposed legislation)]

ee also

*Telecommunications Act of 1996
*Communications Act of 1934
*COPE Act of 2006 (Communications Act of 2006)
*Community Broadband Act of 2007
*Comprehensive telecom reform

ources

* [http://thefuturefaster.com/ TheFutureFaster.com] , an industry print and television campaign to encourage end-user support for the bill
*House Committee on Energy and Commerce
**November 9, 2005 staff draft bill ( [http://energycommerce.house.gov/108/news/11032005_Broadband.pdf PDF] , [http://www.68k.org/~interiot/academics/politics/telecom/act2005/11032005_Broadband.html HTML] , [http://www.68k.org/~interiot/academics/politics/telecom/act2005/11032005_Broadband.txt TXT] ), committee hearing ( [http://energycommerce.house.gov/108/Hearings/11092005hearing1706/hearing.htm HTML] , [http://energycommerce.house.gov/108/ram/11092005_telecom.ram Real streaming] , [http://143.231.226.98/archive/108/telecom/110905_F_telecom.rm Real download] ), summary ( [http://energycommerce.house.gov/108/News/11092005_1715.htm HTML] )
**September 15, 2005 draft bill ( [http://energycommerce.house.gov/108/News/09152005_staff_disc.pdf PDF] , [http://68k.org/~interiot/academics/politics/telecom/act2005/09152005_staff_disc.html HTML] , [http://68k.org/~interiot/academics/politics/telecom/act2005/09152005_staff_disc.txt Text] ), summary ( [http://energycommerce.house.gov/108/News/09152005_section_by_section.pdf PDF] , [http://energycommerce.house.gov/108/News/09152005_1642.htm HTML] )
*June 3, 2005 FCC Order regarding E911 requirements for VoIP services ( [http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-116A1.pdf PDF] ), and [http://www.fcc.gov/voip/#Headlines related statements]
* [http://www.techlawjournal.com/topstories/2005/20050805a.asp TechLawJournal] - FCC Classifies DSL as Information Service, [http://www.techlawjournal.com/topstories/2005/20050627b.asp "NCTA v. Brand X"]
* [http://energycommerce.house.gov/108/pubs/108-D.pdf Committee on Energy and Commerce] - Compilation of Selected Acts - Communications Law

External links

News

* [http://www.theregister.co.uk/2005/10/03/collapse_of_walled_gardens/ TheRegister - US bill heralds end of walled gardens] * [http://www.heritage.org/Research/Regulation/wm860.cfm Heritage Foundation - House Telecom Rewrite Needs a Rewrite] * [http://www.pcworld.com/news/article/0,aid,122578,00.asp PCWorld - Plan Treats All Broadband Providers Alike] * [http://www.wi-fiplanet.com/news/article.php/3549556 WiFiPlanet - House May Deregulate Broadband] * [http://news.zdnet.com/2100-1035_22-5867642.html?tag=zdfd.newsfeed ZDNet news - Congress releases draft broadband bill] * [http://news.yahoo.com/news?tmpl=story&u=/nm/20050915/pl_nm/telecoms_congress_dc Reuters - US House panel staff unveil draft new telecom bill]

References