CCTPG Comments

Senator Bowen’s Information Hearing

Voice Over Internet Protocol – Is it Where Telephone Service is Headed? January 27, 2004

CCTPG would like to thank Senator Bowen for hosting this informational hearing on a topic which has the potential to reshape the way we think about telephone service.

In "The Digital Divide in the New Millennium," legal telecommunications scholar Allen Hammond notes that "in the Telecommunications Act of 1996, Congress struck a balance between its twin goals of facilitating competition and assuring universal access via affordable services." (Cardozo Arts and Entertainment, 20:135) It also articulated a vision which included a role for the federal government and the states. Many have noted the challenges in promoting the goals and vision articulated by the Telecommunications Act of 1996. Today’s hearing on Voice over Internet Protocol (VoIP) exemplifies these challenges. We believe that it is crucial that California articulate a vision and policies that support both the deployment of broadband and the preservation of universal service.

The California Community Technology Policy Group is a collaborative of over 200 community-based organizations throughout the state, many of which provide technology access and training to low-income and rural communities. Our goal is to advocate for policies that assure underserved communities reap the economic, educational, health, and civic benefits offered by computers, the Internet, and new digital innovations.

The convergence of telephony and the Internet is but one of the services that broadband can offer within these communities. While we support the continuing innovation in telecommunications we are also cognizant of the fact that today’s innovation may not be tomorrows standard. There are several questions that need to be addressed. Is VoIP ready for full deployment? Is the State’s present infrastructure able to support this deployment? Should this deployment be made as part of a statewide plan on broadband? What regulatory structure should oversee its deployment? Will all of Californians have access to this new technology? Conversely, will this new technology limit access to telephony? What consumer protections are necessary to protect Californians? We do not yet have the answers to these questions. In fact, most Californians have never heard of VoIP. This informational hearing is an important step in beginning the dialogue on this potential new service. We feel there is a great need for more dialogue and deliberation on this issue.

CCTPG supports ubiquitous deployment of broadband in a manner that makes it, in Professor Hammond’s terms, affordable, available and accessible to all Californians. It is critical that the residents of California have an opportunity to both learn about the issues surrounding broadband and provide input into the deliberative process. We have presented comments to the CPUC’s Rulemaking 0304003 regarding the deployment of advanced telecommunications technologies and will be participating in the regional hearings on this topic.

At the federal level the discussion of VoIP is only beginning. To date the FCC has only announced its intention to issue a notice of proposed rulemaking on this issue. We are concerned about the trend to label so much of what is covered by the Telecommunication Act of 1996 as an "information service". If this trend continues what we now think of as telephone service will become increasingly outdated, yet it will serve as the only infrastructure that is left to support the continuing goals of universal service and consumer protection. The change in classification from telephone service to information service has serious consequences. If VoIP is defined as an information service there would be no provisions for universal service or for consumer protections. One could question whether it limits states’ voice in a manner that oversteps the one that was articulated in the Telecommunications Act of 1996.

If VoIP is defined as an information service VoIP would challenge the present definition of telephone service. Defining VoIP as an information service would in effect deregulate it and result in the loss of a present safety net. Over time it could render traditional telephone service and universal service meaningless. If this occurred it would take away the one communication infrastructure that Californians have where they can participate in American society.

We urge that the deployment of VoIP be done in a manner that defines it as a telephone service governed by Title II and preserves the balance between competition and universal service.

Richard Chabran, Chair CCTPG
(909) 234-1768
chabran@cctpg.org

James Lau
The Children’s Partnership
(310) 260-1220
jlau@childrenspartnership.org

January 27, 2004