The decision, which was sparked from a petition from Vonage Holdings Corp. seeking federal preemption on their product DigitalVoice, was Internet telephony service and other IP-enabled services are not subject to traditional public utility regulations.
On November 2, APCO International sent a letter to the FCC stating their concerns with the FCC's upcoming decision. The letter expressed the need for states to retain the authority to impose 9-1-1 surcharges on all telephone services that provide access to 9-1-1. In addition, APCO International stated that state regulations requiring that VoIP providers offer E9-1-1 capability should not be preempted.
"While effective national regulation to ensure VoIP/E9-1-1 capability may be preferable to inconsistent state regulation, states should not be prevented from taking innovative steps to protect their citizens in the absence of federal action," the letter from APCO International President Greg Ballentine said. "Rather than preempt states, the Commission should use this opportunity to take the lead and adopt meaningful rules to ensure that all interconnected VoIP services provide full E9-1-1 capability."
