Legal issues in different countries
As the popularity of VoIP grows,
and PSTN users switch to VoIP in increasing numbers, governments
are becoming more interested in regulating VoIP VoIP in a manner
similar to legacy PSTN services, especially with the encouragement
of the state-mandated telephone monopolies/oligopolies in a given
country, who see this as a way to stifle the new competition.
In the European Union, the treatment
of VoIP service providers is a decision for each Member State's
national telecoms regulator, which must use competition law to
define relevant national markets and then determine whether any
service provider on those national markets has "significant market
power" (and so should be subject to certain obligations). A general
distinction is usually made between VoIP services that function
over managed networks (via broadband connections) and VoIP services
that function over unmanaged networks (essentially, the Internet).
VoIP services that function over
managed networks are often considered to be a viable substitute
for PSTN telephone services (despite the problems of power outages
and lack of geographical information); as a result, major operators
that provide these services (in practice, incumbent operators)
may find themselves bound by obligations of price control or accounting
separation.
VoIP services that function over
unmanaged networks are often considered to be too poor in quality
to be a viable substitute for PSTN services; as a result, they
may be provided without any specific obligations, even if a service
provider has "significant market power".
The relevant EU Directive is not
clearly drafted concerning obligations which can exist independently
of market power (e.g., the obligation to offer access to emergency
calls), and it is impossible to say definitively whether VoIP service providers of either type are bound by them. A review of
the EU Directive is under way and should be complete by 2007.
See
also
-ISDN BRI and ISDN PRI Services
-FXO vs FXS
-Global
System for Mobile Communications
-About VoIP
-SIP:Session Initiation Protocol
-List of commercial voice over IP
network providers
-Mobile VoIP
-List of SIP software