Subject: [NEXTEL-1] FCC RULES THAT PULVER.COM’S FREE WORLD DIALUP SERVICE SHOULD REMAIN FREE FROM UNNECESSARY REGULATION

From: [email-masked]
Date: Thu, 12 Feb 2004 19:13:07 -0500

FOR IMMEDIATE RELEASE:   NEWS MEDIA CONTACT:
February 12, 2004     Michael Balmoris at (202) 418-0253
       Email: [email-masked]

FCC RULES THAT PULVER.COM’S FREE WORLD DIALUP SERVICE SHOULD REMAIN FREE FROM
UNNECESSARY REGULATION

In Separate Action FCC Adopts Broad Inquiry into Internet Protocol-Enabled
Services

 Washington, DC – The Federal Communications Commission (FCC) today ruled that
pulver.com’s (pulver) Free World Dialup (FWD) offering will remain a minimally
regulated competitive option for consumers.  The Declaratory Ruling adopted
today emphasizes the FCC’s long-standing policy of keeping these consumer
Internet services free from burdensome economic regulation at both the federal
and state levels.

Separately, the FCC today also initiated a major proceeding to provide a measure
of regulatory stability and to further promote the development of Internet
Protocol (IP) services (see attached news release).  That proceeding, referred
to as a Notice of Proposed Rulemaking (Notice), will seek public comment on a
variety of issues based on the premise that Internet services should remain
largely free of regulatory burdens and would apply, only where needed, discrete
regulatory requirements.

Additionally, the FCC intends to initiate a Communications Assistance for Law
Enforcement (CALEA) rulemaking proceeding to address the technical issues
associated with law-enforcement access to IP-enabled services.  This proceeding
will address the scope of covered services, assign responsibility for
compliance, and identify the wiretap capabilities required.

Pulver’s FWD allows users of broadband Internet access services to make voice
over Internet Protocol (VoIP) or other types of peer-to-peer communications
directly to other FWD members, without charge.  In 2003, pulver filed a petition
for declaratory ruling requesting that the FCC rule FWD to be neither a
“telecommunications service” nor “telecommunications,” and therefore not subject
to traditional telephone regulation.  Today, the FCC granted pulver’s petition
and also declared FWD to be an unregulated information service that is subject
to federal jurisdiction.

--  more  --

 IP-enabled services, such as pulver’s FWD and other Internet applications like
it, promise significant benefits in the form of lower prices and enhanced
functionality for American consumers.  Additionally, these IP-enabled services
will encourage more consumers to demand broadband service.

 -FCC-

Docket No.: WC 03-45

FCC 04-27

Action by the Commission, February 12, 2004, by Memorandum Opinion and Order
(04-27).  Chairman Powell, Commissioners Abernathy and Martin; with Commissioner
Copps dissenting and Commissioner Adelstein concurring in part and dissenting in
part.  Chairman Powell and Commissioners Abernathy, Copps, Martin and Adelstein
issuing separate statements.

Wireline Competition Bureau Staff Contact:  Terri Natoli at 202-418-1580.

News about the Federal Communications Commission can also be found
on the Commission’s web site www.fcc.gov.

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-243869A1.doc
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