EC seeks views on future regulation of VoIP

Clive Gringras Olswang

Published: 28 Jul 2004 16:35 BST

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What are the issues?
Put simply, the obligations faced by a provider of VoIP services will depend on whether its offering falls within certain key legal definitions. A "Publicly Available Electronic Communications Service" will be subject to a number of conditions, including notification to the regulator, quality of service, and numbering obligations. A service which is classed as a "Publicly Available Telephone Service" (known as a "PATS") will be subject to further "universal service" obligations: the provision of defined minimum standards to all end users at an affordable price. VoIP providers may also be subject to a number of public policy requirements relating to, among other things, integrity and availability of the network, access to emergency services, privacy, interception and numbering.

The document sets out specific proposals on certain issues while on others, for example interconnection and interoperability between different services, it seeks views on the issues which new VoIP models are likely to raise. One area which all VoIP providers (whether regulated as PATS or not) are likely to need to address, is how to handle emergency calls and enable users' locations to be traced.

What is the significance of these guidelines?
The consultation gives Internet businesses the opportunity to comment on the specific approach proposed to the issues outlined above, as well as any other issues relevant to VoIP. Once adopted, the Commission's guidelines, whilst non-binding, will influence the approach taken by national regulators, such as Ofcom. The bottom line is that businesses wishing to exploit new opportunities in voice services need to know what regulatory obligations they are likely to face.

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