Voice Over IP: The Risks Of Being A Market Innovator

摘要

In light of industry and international VoIP initiatives that are proceeding in advance of US regulation, it is probable that the FCC will use its rule-making initiatives under the Communications Act~(64) and CALEA~(65) to formalize the results of these initiatives. In establishing a VoIP regulatory framework, it is hoped that the FCC will also implement regulatory initiatives that balance the national policy to foster innovation of more efficient telecommunications technology and the need to protect the US telecommunications industry and consumers. Given the sheer number of VoIP and non VoIP carriers, industry groups, state PUCs, and law enforcement organizations that will offer input on VoIP regulation (including the issues discussed in this paper), most observers do not expect definitive regulation to be issued quickly. In fact, if history is an indicator, most analysts expect that comprehensive regulation is as much as one year away. In the interim, carriers and potential consumers of VoIP services will continue to advance their VoIP initiatives, using contracts to mitigate risks associated with being a VoIP market innovator. Consistently applied terms of industry, inter-carrier, and/or commercial agreements will create industry standards and invariably set the general direction of future regulation and moderate the demands of those who seek overly intrusive regulation.