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• Issues in the Canadian Telecommunications Marketplace ( May 2006 )
  Lorne P. Salzman and Brodie  Swartz of McCarthy Tetrault

  For years, computer users have used their Internet service to implement a type of voice telephone service. Typically, it was a poor substitute for traditional voice telephone service. The quality of voice over internet protocol, or VoIP, calls was unreliable, making the connection between callers cumbersome. As a result, the primary application of VoIP was as a niche service for those seeking a substitute for expensive overseas calling.

• FCC Issues New Rules on Obligations of Incumbent Local Telephone Companies to Lease Portions of Their Networks to Competitors ( February 2005 )
  Perkins Coie

  On February 4, 2005, the FCC released its Order on Remand ("Order") in its review of the network equipment and facilities ("unbundled network elements" or "UNEs") that incumbent local telephone companies ("ILECs") must provide at "cost-based" rates to other carriers ("CLECs") for the provision of competing telephone services. The Order responds to the remand by the D.C. Circuit ("USTA II") of certain rulings by the FCC in a prior order known as the "Triennial Review Order" ("TRO"). The new rules adopted in the Order take effect on March 11, 2005.

• FCC Preempts State Commission Requirements That ILECs Provide DSL Service to End User Customers Subscribing to CLEC Voice Service; Issues Notice of Inquiry on Bundling of "Legacy" and "New" Services ( March 2005 )
  Perkins Coie

  On March 25, 2005, the FCC released an order ("Order") over two dissents (by Commissioners Adelstein and Copps) granting a petition for declaratory ruling filed by BellSouth Telecommunications, Inc. ("BellSouth"). The Order preempts separate orders of four state commissions in BellSouth's local service territory that had required BellSouth to provide DSL service to customers receiving voice services from Competitive Local Exchange Carriers ("CLECs") using unbundled loops leased by the CLECs from BellSouth.

• FCC Decisions on VoIP Classification Will Affect the Future of the Service ( June 2005 )
  Perkins Coie

  Voice over Internet Protocol ("VoIP") is arguably one of the most important recent developments in telecommunications, yet is virtually ignored by current federal and state regulations applicable to traditional telephone service. However, the growing popularity of VoIP in both the private and business sectors (some analysts claim that VoIP will replace traditional telephone service for the majority of users by the end of this decade) makes it likely that VoIP will be subjected to at least some regulatory requirements in the future.

• Death of the EBR Exemption May Be "Greatly Exaggerated" ( July 2004 )
  Bart T. Murphy of Wildman, Harrold, Allen & Dixon LLP

  The Junk Fax Prevention Act of 2004 would amend the Telephone Consumer Protection Act to restore an exemption allowing businesses to send unsolicited facsimile ads to persons with whom they have an established business relationship. The FCC wiped out this exemption in rule-making proceedings effective January 1, 2005. Plaintiff class action firms are filing TCPA unsolicited fax class action cases across the country. This article discusses the history and current state of the Act.

• Number Portability Developing Into a Telemarketing Quagmire ( November 2003 )
  Joseph J. Lewczak and Ivana  Starr of Davis & Gilbert LLP

  On November 24, 2003 the Federal Communication Commission's number portability rule went into effect in the largest 100 metropolitan statistical areas. The remaining areas will have until May 24, 2004 to comply. In addition to allowing consumers the ability to switch their wireless carrier without losing their current wireless number, local number portability also requires landline carriers to allow consumers to transfer their numbers to wireless carriers. The end result is that a telephone number that was previously a landline number, may now in fact belong to a wireless number.