Telecommunications Act of 2005
Encyclopedia
The Telecommunications Act of 2005 (tentatively
named)
is a proposed United States telecommunications law
that
makes regulatory changes to broadband Internet providers,
Voice over IP
providers, and
Broadband Video
services. Some of
it will likely become law due to current political alignment
between former President George W. Bush
and
Congress
, though specific details
may substantially change as it makes its way out of committee and
through Congress.
In its current form, the law proposes to keep VoIP services and
Broadband Video services from state regulation by way of the
interstate commerce clause, keeping regulation of these areas
exclusively to the federal government.
The bill proposes adding several new requirements to VoIP services,
including number portability
,
interconnection
requirements, E911 services
,
and telecommunications relay
requirements. In addition, the Federal Communications Commission
(FCC) is instructed to consider
assessing universal service
fees.
It also proposes several new requirements for Broadband Video
services, including rating blocking ability,
public-access
and other
must-carry
requirements, ownership and franchise
controls, Emergency Alert System
requirements,
closed captioning
, and several other requirements.
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 defines
its terms broadly and doesn't appear to make exclusions for the
wide variety of noncommercial or free services, content, and
software that could come under its registration and regulation
requirements. The bill specifically mentions that free services
and content are included in its regulation requirements.
An earlier FCC rule regarding 911 requirements for VoIP services
drew finer distinctions, stating that only services which
interconnect with the traditional phone system are
subject to the FCC's new requirements.
U.S. House Committee on Energy and Commerce
held a hearing regarding a staff draft made available. By March 30,
2006, the Committee had held a hearing to consider a Committee
Print on the
COPE Act of 2006
.
By June 12, 2006, the House
had passed the bill to the Senate
, where it
was received and read twice, and referred to the Committee on Commerce, Science, and Transportation
.
On September 29, 2006, the Senate issued their Report. and placed the bill on the Senate legislative calendar.
named)
is a proposed United States telecommunications law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
that
makes regulatory changes to broadband Internet providers,
Voice over IP
Voice over IP
Voice over Internet Protocol is a family of technologies, methodologies, communication protocols, and transmission techniques for the delivery of voice communications and multimedia sessions over Internet Protocol networks, such as the Internet...
providers, and
Broadband Video
Video player (software)
A video player is a kind of media player for playing back digital video data from media such as optical discs , as well as from files of appropriate formats such as MPEG, AVI, RealVideo, and QuickTime....
services. Some of
it will likely become law due to current political alignment
between former President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
and
Congress
109th United States Congress
The One Hundred Ninth United States Congress was the legislative branch of the United States, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, during the fifth and sixth years of George W. Bush's presidency. House members...
, though specific details
may substantially change as it makes its way out of committee and
through Congress.
In its current form, the law proposes to keep VoIP services and
Broadband Video services from state regulation by way of the
interstate commerce clause, keeping regulation of these areas
exclusively to the federal government.
The bill proposes adding several new requirements to VoIP services,
including number portability
Local number portability
Local number portability for fixed lines, and full mobile number portability for mobile phone lines, refers to the ability to transfer either an existing fixed-line or mobile telephone number assigned by a local exchange carrier and reassign it to another carrier...
,
interconnection
Interconnection
In telecommunications, interconnection is the physical linking of a carrier's network with equipment or facilities not belonging to that network...
requirements, E911 services
Enhanced 911
Enhanced 911, E-911 or E911 in North America is one example of the modern evolution of telecommunications based system meant as an easy way to link people experiencing an emergency with the public resources that can help. The dial-three-digits concept first originated in the United Kingdom in 1937....
,
and telecommunications relay
Telecommunications Relay Service
Telecommunications Relay Service, also known as TRS, Relay Service, or IP-Relay, or Web-based relay services, is an operator service that allows people who are Deaf, Hard-of-Hearing, Speech-Disabled, or DeafBlind to place calls to standard telephone users via a keyboard or assistive device...
requirements. In addition, the Federal Communications Commission
Federal Communications Commission
The Federal Communications Commission is an independent agency of the United States government, created, Congressional statute , and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the...
(FCC) is instructed to consider
assessing universal service
Universal service
Universal service is an economic, legal and business term used mostly in regulated industries, referring to the practice of providing a baseline level of services to every resident of a country...
fees.
It also proposes several new requirements for Broadband Video
services, including rating blocking ability,
public-access
Public-access television
Public-access television is a form of non-commercial mass media where ordinary people can create content television programming which is cablecast through cable TV specialty channels...
and other
must-carry
Must-carry
In cable television, governments apply a must-carry regulation stating that locally-licensed television stations must be carried on a cable provider's system.- Canada :...
requirements, ownership and franchise
controls, Emergency Alert System
Emergency Alert System
The Emergency Alert System is a national warning system in the United States put into place on January 1, 1997, when it superseded the Emergency Broadcast System , which itself had superseded the CONELRAD System...
requirements,
closed captioning
Closed captioning
Closed captioning is the process of displaying text on a television, video screen or other visual display to provide additional or interpretive information to individuals who wish to access it...
, and several other requirements.
It's not clear whether terms such as "VoIP" and "Broadband Video"
are meant to cover all users of software such as Microsoft NetMeeting
Microsoft NetMeeting
Microsoft NetMeeting was a VoIP and multi-point videoconferencing client included in many versions of Microsoft Windows . It used the H.323 protocol for video and audio conferencing, and was interoperable with OpenH323-based clients such as Ekiga, and Internet Locator Service as reflector...
,
Asterisk PBX
Asterisk PBX
Asterisk is a software implementation of a telephone private branch exchange ; it was created in 1999 by Mark Spencer of Digium. Like any PBX, it allows attached telephones to make calls to one another, and to connect to other telephone services including the public switched telephone network and...
, or RealVideo
RealVideo
RealVideo is a suite of proprietary video compression formats developed by RealNetworks – the specific format changes with the version. It was first released in 1997 and is at version 10. RealVideo is supported on many platforms, including Windows, Mac, Linux, Solaris, and several mobile...
. Currently, the bill defines
its terms broadly and doesn't appear to make exclusions for the
wide variety of noncommercial or free services, content, and
software that could come under its registration and regulation
requirements. The bill specifically mentions that free services
and content are included in its regulation requirements.
An earlier FCC rule regarding 911 requirements for VoIP services
drew finer distinctions, stating that only services which
interconnect with the traditional phone system are
subject to the FCC's new requirements.
Timeline
On November 9, 2005, theU.S. House Committee on Energy and Commerce
held a hearing regarding a staff draft made available. By March 30,
2006, the Committee had held a hearing to consider a Committee
Print on the
COPE Act of 2006
Communications Opportunity, Promotion and Enhancement Act of 2006
The Communications Opportunity, Promotion and Enhancement Act of 2006 was a bill in the US House of Representatives. It was part of a major overhaul of the Telecommunications Act of 1996 being considered by the US Congress. The Act was sponsored by Commerce Committee Chairman Joe Barton , Rep....
.
By June 12, 2006, the House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
had passed the bill to the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, where it
was received and read twice, and referred to the Committee on Commerce, Science, and Transportation
United States Senate Committee on Commerce, Science and Transportation
The United States Senate Committee on Commerce, Science, and Transportation is a standing committee of the United States Senate in charge of all senate matters related to the following subjects:* Coast Guard* Coastal zone management* Communications...
.
On September 29, 2006, the Senate issued their Report. and placed the bill on the Senate legislative calendar.
See also
- Telecommunications Act of 1996Telecommunications Act of 1996The Telecommunications Act of 1996 was the first major overhaul of United States telecommunications law in nearly 62 years, amending the Communications Act of 1934. This Act, signed by President Bill Clinton, was a major stepping stone towards the future of telecommunications, since this was the...
- Communications Act of 1934Communications Act of 1934The Communications Act of 1934 is a United States federal law, enacted as Public Law Number 416, Act of June 19, 1934, ch. 652, 48 Stat. 1064, by the 73rd Congress, signed by President Franklin D. Roosevelt, codified as Chapter 5 of Title 47 of the United States Code, et seq. The Act replaced the...
- COPE Act of 2006Communications Opportunity, Promotion and Enhancement Act of 2006The Communications Opportunity, Promotion and Enhancement Act of 2006 was a bill in the US House of Representatives. It was part of a major overhaul of the Telecommunications Act of 1996 being considered by the US Congress. The Act was sponsored by Commerce Committee Chairman Joe Barton , Rep....
(Communications Act of 2006) - Community Broadband Act of 2007Community Broadband Act of 2007The Community Broadband Act was a bill that was never enacted into legislation by the U.S. Senate,110th Congress The act was intended to promote affordable broadband access by allowing municipal governments to provide telecommunications capability and services.Supporters of the bill believed it...
Sources
- TheFutureFaster.com, an industry print and television campaign to encourage end-user support for the bill
- House Committee on Energy and Commerce
- June 3, 2005 FCC Order regarding E911 requirements for VoIP services (PDF), and related statements
- TechLawJournal - FCC Classifies DSL as Information Service, NCTA v. Brand X
- Committee on Energy and Commerce - Compilation of Selected Acts - Communications Law
News
- TheRegister - US bill heralds end of walled gardens
- Heritage Foundation - House Telecom Rewrite Needs a Rewrite
- PCWorld - Plan Treats All Broadband Providers Alike
- WiFiPlanet - House May Deregulate Broadband
- ZDNet news - Congress releases draft broadband bill
- Reuters - US House panel staff unveil draft new telecom bill