The FCC has ruled that state, local and tribal governments cannot assess 911 fees from VoIP subscribers that are higher than those for traditional telephone service if they in the same class and calling capabilities are the same.
The Declaratory Ruling adopted on October 25 said that charging more for VoIP 911 services is discriminatory and conflicts with the NET 911 Act of 2008. The act says that a 911 fee or charge on VoIP service “may not exceed the amount of any such fee or charge applicable to the same class of subscribers to telecommunications services.”
The FCC press release announcing the declaratory ruling says that the statue is aimed at fully integrating VoIP services into existing 911 systems and at equalizing the regulatory playing field between VoIP service providers and traditional providers in relation to 911 rights and obligations.
“Fee parity will both ensure that VoIP subscribers have access to critical public safety services at comparable costs and that state, local, and Tribal governments recover the costs of providing 911 service in an equitable manner,” the press release said.
There also is a business element to the decision, which clearly is good news to providers of VoIP services. The FCC also factored in the assumption that higher 911 fees for VoIP potentially would slow transition to the newer technology and thereby hinder adoption of the advanced services it advocates. This would slow fulfillment of the FCC’s goal of transitioning subscribers from legacy voice services to IP-based services.
The ruling does not impact any particular law or regulation. It is a response to a primary jurisdiction referral from the U.S. District Court for the Northern District of Alabama. It is intended to provide guidance to that court and to others overseeing litigation on 911 fees for VoIP providers that states and localities may assess on VoIP service providers