ECTA responds to EU VoIP Consultation
By Tom Kiedrowski, Regulatory Affairs Manager, ECTA

Across the world the increasing availability of Voice over IP (VoIP) services has raised the issue how these services should be regulated, including: whether they are caught by universal service obligations; what numbering arrangements should be in place; and what interconnection arrangements might be appropriate.

Here in the EU, the European Commission published a 30-page information and consultation paper on ‘the regulatory treatment of Voice over IP under the EU regulatory framework’ on 15 June. The aim of the paper is to clarify how the new EU electronic communications regulatory framework applies to Voice over IP (VoIP) and the deadline for submissions to the European Commission’s consultation is 31 August 2004. In our response, ECTA broadly welcomes the approach taken by the European Commission, but we also highlighted a number of issues.

Under the new EU regulatory framework, different providers have different rights and obligations depending on their regulatory status: Electronic Communications Services (ECS) providers are subject to certain obligations mainly relating to consumer protection, but their subscribers do not have the right to port telephone numbers from a Publicly Available Telephony Service (PATS) provider, nor is there a right for ECS subscribers to be listed in the directories. On the other hand PATS providers are subject to additional rights and obligations over and above those of ECS providers. These include number portability, calls to emergency services, publication of information on prices, rights for subscribers to an entry in phone directories, carrier selection and pre-selection. ECTA therefore thinks that it is important that market players should enjoy a genuine choice between becoming an ECS or PATS provider. At the same time, ECTA wants to make sure that ECS status does not become a loophole for incumbent operators to evade regulation at the retail level and create opportunities for them to undermine the effectiveness of wholesale regulation.

ECTA also feels that the Commission should reinforce the need for both geographic and non-geographic numbers to be available to all VoIP providers to ensure effective choice and competition is available to consumers. Another key issue for ECTA is that specific care needs to be given to supporting the emergence of nomadic offerings as this represents one of the most exciting additional features that VoIP services offer to users.

Generally, ECTA supports the application of little or no regulation to VoIP-using applications and services that are not deemed substitutes for regular PSTN services. ECTA would welcome an accommodating approach both to numbering and to emergency services access by the regulatory authorities, particularly where nomadic services are concerned.


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