Executive Overview to VoIP Regulatory Impact

As a business owner or executive responsible for deployment of VoIP (Voice over Internet Protocol) technology or support of an existing VoIP system it is appropriate to consider impact of regulatory change.

 

Initial reaction to any regulation (i.e. taxation) on VoIP services may be to view it as immediately increasing costs. In truth, actual impact on a given private enterprise will vary depending on how VoIP was placed into service. This article reviews impact of regulation under three different scenarios, giving insight on what factors affect the degree of independence from regulatory impact.

 

VoIP as a voice communication technology is absolutely here to stay – it is one of the great technology “paradigm shifts” of the 21st century. As significant and impacting as introduction of the PC (Personal Computer) because it can/will change how we conduct everyday life, both our business and personal lives. Any topic of this magnitude eventually warrants government intervention, even if only indirectly. Additionally the United States telephone industry has operated under government regulation for well over 50 years. It’s very cost and pricing structure (known as “tariffs”) evolved to allow pricing influence and taxation by government.

 

VoIP holds potential to materially reduce or displace this existing tax base because of it’s ability to perform “toll bypass”, which effectively is a process for completing voice calls outside the control of the tariff system. These tariffs amount to billions of dollars annually, so any threat to that revenue gets the attention of legislators. Additionally the funds are used to support things such as “universal service, homeland security, 911 services, facility for guaranteed wiretapping access by police and accessibility for people with disabilities”. Many of the above mentioned issues stem from “statutory obligation” and ultimately impact equity and effectiveness of rules and regulations that protect the public interest. Accordingly regulation reviews of VoIP are underway at the federal level via the FCC and state level via various state and federal district courts. It is a complex process and will take time to resolve.

The Open Issue – Voice or Data?

So what is the primary “regulatory issue” surrounding VoIP? Fundamentally it’s the decision of – are VoIP signals to be considered “telephone” communications, thus subject to existing telephony regulation OR are they considered “data” transmissions (of sound) only and not subject to such rules. Data communication, including all Internet based transmissions, unlike the telephone industry have evolved in a non-regulated open market. To date it has been virtually 100% free of direct government price controls and taxation. However, the very essence of VoIP is convergence, the bringing together or blending of voice communication’s best features with the digital capabilities of data communication networks. Ultimately it is the degree to which your company’s VoIP deployment is dependent on a public versus private network infrastructure that will establish the degree of government regulation impact.

 

Before proceeding it’s appropriate to remind oneself VoIP is a technology protocol. It operates on any IP COMPLIANT network without regard to size or ownership of the network. Also, VoIP while often associated with the Internet, does NOT require the Internet. All major benefits of the technology can be equally achieved on a totally private network.

Affected Parties

Carrier companies such as AT&T, Sprint, MCI and RBOC’s are first and foremost telephone companies. While it’s true their networks are privately owned, they were built to be accessed and used by the public at large. Government’s perspective consequently, is that they are a “public network” (often referred to as the PSTN). To date a core cost benefit of VoIP has been “toll bypass”, effectively a process by which voice transmissions circumvent the telephone tariff pricing system. If these transmissions are deemed to be subject to the tariff system, that additional cost will be passed directly to the consumer.

 

At the opposite end of regulation classification is the “private network”, example being a LAN (local area network) that is contained within the boundary of an enterprise. Privately owned and controlled, the network’s traffic is only what the owner allows. So private in fact, companies install “firewalls” and multiple other security measures to prevent access by the general public or any traffic they wish to exclude. An IP-PBX is the equipment used to create a totally private VoIP implementation. A common misunderstanding is that an IP-PBX requires use of the Internet or IP-only trunk lines. While compatible with both, an IP-PBX can also be configured to use only PSTN (Publicly Switched Telephone Network) dial tone, thus limiting VoIP technology to inside the company. The company gains key benefits and value of a converged technology without concern of VoIP regulation having direct impact.

 

A much less clear situation is that of VoIP “service resellers”. New companies are popping up all over providing renewed “pay as you go” subscription business models, offering various forms and components of VoIP based communications. Sometimes these services are unique new offerings and other times they simply compete directly with classic telephone companies. In the latter situation, today they enjoy virtual freedom from telephone company regulations. This allows for reduced cost of operations and higher profit margins. If the regulatory environment changes so does their profitability, creating the need to pass related charges directly to the customer.

Impact on your organization

So, understanding federal and state government agencies are still determining what telephony regulation should apply to VoIP, how do you determine the impact on your private enterprise? As in many other areas of business it’s often best to use or consult qualified professionals, knowledge­able of the subject but these are the key items to remember.

 

Carrier’s ROI (Return on Investment) from VoIP technology comes via reduced cost of operations. They then determine how much of the cost savings to pass on to their customer base. The “savings” you realize from using carrier based VoIP trunking or services are highly dependent on what they chose to extend via changes in their pricing. The ROI to you however is limited to the reduction in the carrier’s “cost of operations”. Your company does not directly gain all the productivity and internal infrastructure benefits associated with VoIP.

 

Service Reseller’s ROI from VoIP technology is two-fold. Reduced internal cost of operations as well as revenue from re-selling “selected VoIP feature capabilities”. Again your ROI from using VoIP technology is dependent on what savings they chose to extend. Certain VoIP technology features that could benefit your company may not be offered due to lack of profitability or being subject to regulation. In either of the above cases, change in current regulation could result in immediate higher cost to you via direct pass-through of taxation or regulatory adjusted costs. 

 

The premise based equipment (IP-PBX) option holds potential for the highest ROI on VoIP technology deployment. This is because your company retains direct control over available VoIP functions and features, applying those most valuable to you. Plus, to the extent VoIP technology is only used within a enterprise “private network”, regulation has no direct impact. Of course if the enterprise also uses carrier based VoIP trunks, or service reseller offerings in addition, they are subject to past-thru costs of regulation impacting those vendors.

 

Regulation is not a simple matter, subject to political “winds of change” and can occur at the federal, state and local levels. What is key to remember is that VoIP represents a technology, one like the PC that has proven to hold large operation savings, new capabilities and competitive advantage for virtually every company. Waiting for every potential regulation issue to be resolved before moving to VoIP would be like waiting for the “totally perfect, bug free” version of software – possible eternity.

 

 

Thomas Smith - founder & Senior Principal of TechEn enterprises LLC, Littleton, CO. 

Tom’s work with network based software applications started as a developer and later, product manager for interactive online statistical analysis tools used by leading oil/gas companies in the 1970’s-80’s. In the 90’s specific recognition was awarded him for creation of a unique wired/wireless network solution servicing EDI needs between Detroit’s automotive manufacturers and remote Arizona copper mines. Tom formally entered the field of voice communications in 1998, an infancy period for VoIP technology, as reseller for the first commercially available IP-PBX system. He subsequently brought to market - HomeGATE, an IP enabled and voice driven internet portal wireless residential phone system .

 

Today he is founder and senior principal of TechEn enterprises LLC, applying over 25 years experience in technology management, product development, technology consulting and marketing to deployment of main-stream VoIP solutions and implementations. A native New Yorker, plus 30.year Colorado skier, he earned a Bachelor's degree in Information Systems from Colorado State University. He holds varied hi-tech related credentials and certifications in Systems Planning as well as IP Telephony and Wireless technology. -  He can be reached at 303-932-8146 or  tsmith@techen.net.

 

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