What’s the Hang Up? The Future of VoIP Regulation and Taxation in New Hampshire

Alice in Austria wishes to call her friend Bob in Boston, using a Boston area code to avoid charges for an international call. Using VoIP, Alice may initiate her call from any location in Austria where she may find Internet access. Once Alice connects to the Internet, she can transmit her call with the aid of a VoIP service provider, such as Skype. In order to hear and communicate with Bob, Alice can rely on a microphone and a headset that she can plug into her computer. Through VoIP, not only may Alice carry on a telephone conversation, but most service providers also allow her to record conversations and manage other information, such as voice mail. The rise of Voice over Internet Protocol (“VoIP”) services “means nothing less than the death of the traditional telephone business,” as the ability to make free calls over a high-speed Internet connection in the future “undermines the existing pricing model for telephony.” This disruptive, convergent technology is blurring the boundary between Internet services and telephone services because VoIP functions like the traditional telephone system, but travels as ones and zeros through a broadband Internet connection. As a result, the Federal Communications Commission (“FCC”) has questioned whether to classify VoIP as an information service, generally free from FCC regulation under the Telecommunications Act of 1996, or as a telecommunication service, subject to a comprehensive regulatory regime and common carrier obligations. This note discusses why most VoIP services, with the exception of phone-to-phone Internet Protocol (“IP”) telephony, should be classified as information services and, as such, should remain free from state taxation – focusing specifically on the taxation in New Hampshire. Part II focuses on the technology of VoIP and how it differs from traditional telephony. Part III discusses the distinction between information and telecommunication services in the Telecommunications Act of 1996, whether VoIP may qualify as Internet access in light of the Internet Tax Freedom Act (“ITFA”) of 1998, and the federal regulation of VoIP. Finally, Part IV addresses the debate over taxation of VoIP in New Hampshire and discusses why VoIP services should not yet be taxed by the New Hampshire Department of Revenue Administration in light of federal law and the best interests of local businesses and consumers

VoIP under the EU regulatory framework : preventing foreclosure?

In June 2004, the European Commission (EC) issued an "Information and Consultation Document" (European Commission 2004) that discussed how the Regulatory Framework of the European Union (EU) should be adapted to accommodate Voice over IP (VoIP) and invited relevant parties to comment on the Consultation Document. In our study, we use the responses of the different market parties to identify how incumbents seek to foreclose the market for VoIP telephony. From these responses we conclude that foreclosure is not only attempted by setting high prices for the use of infrastructure, but also by the strategic choice of infrastructure technology, which raises the cost of entry. We label the latter form of foreclosure "technological foreclosure" – as opposed to "market foreclosure". A simple modeling exercise shows that regulators seeking to avoid market foreclosure might trigger technological foreclosure. We argue that this has happened with the unbundling of the local loop in the EU, and that it might happen again with the transition to VoIP. We conclude that the current rights and obligations assigned to telecom companies effectively protect incumbents from competition by VoIP entrants. Moreover, the inaction of regulatory authorities when it comes to numbering and communication protocols is advantageous for incumbents and might obstruct the provision of new services in the future

Design and initial validation of the Raster method for telecom service availability risk assessment

Crisis organisations depend on telecommunication services; unavailability of these services reduces the effectiveness of crisis response. Crisis organisations should therefore be aware of availability risks, and need a suitable risk assessment method. Such a method needs to be aware of the exceptional circumstances in which crisis organisations operate, and of the commercial structure of modern telecom services. We found that existing risk assessment methods are unsuitable for this problem domain. Hence, crisis organisations do not perform any risk assessment, trust their supplier, or rely on service level agreements, which are not meaningful during crisis situations. We have therefore developed a new risk assessment method, which we call RASTER. We have tested RASTER using a case study at the crisis organisation of a government agency, and improved the method based on the analysis of case results. Our initial validation suggests that the method can yield practical results

Satellite Communications: Impact on Developing Economies

Access to information and communication infrastructure greatly enhances economic growth. When a reliable and affordable medium for information exchange is available, previously unanticipated developments ensue. Most areas in developing countries are sparsely populated and highly rural. Satellite communication is an excellent option for meeting this and many other pressing communication needs of developing economies. This paper examines the impact of satellite communication on developing economies, using popular examples as case study

Telecommunications Regulation: An Introduction

This paper examines the justifications, history, and practice of regulation in the US telecommunications sector. We examine the impact of technological and regulatory change on market structure and business strategy. Among others, we discuss the emergence and decline of the telecom bubble, the impact on pricing of digitization and the emergence of Internet telephony (VOIP). We also examine the impact of the 1996 Telecommunications Act on market structure and strategy in conjunction with the history of regulation and antitrust intervention in the telecommunications sector. After discussing the impact of wireless technologies, we conclude by venturing into some short term predictions. We express concern about the derailment of the implementation of the 1996 Act by the aggressive legal tactics of the entrenched monopolists (the local exchange carriers), and we point to the real danger that the intent of Congress in passing the 1996 Act to promote competition in telecommunications will never be realized in local telecommunications in the fashion that the 1996 prescribed. The decision of AT&T to stop marketing both long distance and local services to residential customers is a direct result of the derailing of the 1996 Act that has allowed the local service monopolists (1) to enter long distance while the local market was still monopolized; and (2) to leverage their monopoly power in the local market to the long distance market. We also discuss the wave of mergers in the Telecommunications and cable industries, the telecom meltdown of 2000-2003, and issues that arose from the triennial review by the FCC of implementation of the 1996 Act.