Thread Subject: Re: Background on what is covered by Sec. 255 Rules

Note

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From: Peter Korn
Date: Wed, Dec 12 2007 9:05 PM

Hi Judy,

Thank you for sending this out. It raises some questions for me.
> ...
>
>
> Background on things covered by Section 255 Rules
>
>
> I. Entities Covered by Section 255
>
> 1. Any provider of telecommunications Services (47 CFR 6.1)
>
> - Definition of Telecommunications Service
> is from the 1996 Telecom Act ­ essentially it is
> âoffering telecommunications for a fee to the publicâ
>

This suggests that a computer-to-computer free service like Skype
wouldn't be considered a "Telecommunications Service" by the 1996
Telecom Act, although the Skype-Out service (which they charge for)
would be considered a "Telecommunications Service".

> 2. Any manufacturer of telecommunications
> equipment or customer premises equipment ( 47 CFR 6.1)
>
> - Definition of Telecommunications
> equipment­ telecommunications equip is equipment
> used by a carrier to provide telecommunication service
> - CPE ­ equipment employed on the premises
> of a person other than a carrier to originate,
> route or terminate telecommunications.
>

I don't see a definition of "carrier" (unless it is someone who provides
a "Telecommunications Service", so it isn't clear to me whether I should
consider software like Skype "telecommunications equipment"/"CPE" or
not. Also, said software can be used (as I noted) for free calls as well
as for paid calls (SkypeOut), with the only change being whether the use
has become a customer or not, and of course server configuration.

Thoughts on this anyone?

> 3. Any telecommunications carrier (47 CFR 6.1)
>
> 4. Any provider of interconnected VOIP service (47 CFR 6.1)
>
> 5. Any manufacturer of equipment or CPE
> specifically designed to provide VOIP (47 CFR 6.1)
>

Again, does it matter here whether said VOIP is interconnected or not?
If I design VOIP software that does not interconnect with POTS, then am
I still a "manufacturer" under this?

> 6. Any provider of voicemail or interactive menu service (part 7.1)
>
> 7. Any manufacturer of telecommunications
> equipment or CPE which performs a voicemail or
> interactive menu function (part 7.1)
>

Again for #6 and #7, does it matter if this is interconnected to POTS or
not?

>
> II. Covered Functions
>
> 1. Part 6.11 and 7.11 Information, documentation and training
>
> - âManufacturers and service providers shall
> ensure access to information and documentation it
> provides to its customers, if readily
> achievable. Such information and documentation
> included user guides, bills, installation guides
> for end-user installable devices, and product
> support communications, regarding both the
> product in general and the accessibility featuresâ¦â¦â
>
> 2. âAn entity that provides both
> telecommunications services and
> non-telecommunications services, however, is
> subject to section 255 only to the extent that it
> provides a telecommunications
> serviceâ (September 1999 255 Order, paragraph 80.)
>
> 3. âIn connection with multipurpose
> equipment, we adopt our tentative conclusion that
> CPE is covered by section 255 only to the extent
> that it provides a telecommunications
> function.â (September 1999 255 Order, paragraph 87)
>

OK, this seems to help in the Skype canonical case (assuming that
"telecommunications function" mirrors "telecommunications service" and
only kicks in when a fee to the public is involved) - suggesting that
255 only applies only at that point to CPE.

I'm using Skype as the well-known example, but there are plenty of other
software voice products/offerings (e.g. GoogleTalk, Windows Messenger,
Apple's video conferencing, Ekiga) - all of which are computer to
computer and generally free.


Regards,


Peter Korn
Accessibility Architect,
Sun Microsystems, Inc.

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