NNSquad - Network Neutrality Squad
[ NNSquad ] FCC rules against "MagicJack" business model
----- Forwarded message from David Farber <dave@farber.net> ----- Date: Mon, 11 Apr 2011 18:08:12 -0400 From: David Farber <dave@farber.net> Subject: [IP] FCC Rules VoIP Provider May Not Collect Access Charges Reply-To: dave@farber.net To: ip <ip@listbox.com> Begin forwarded message: From: Joly MacFie <joly@punkcast.com> Date: April 11, 2011 5:16:28 PM EDT To: Bruce Kushnick <oia@lists.bway.net> Cc: dave <dave@farber.net> Subject: FCC Rules VoIP Provider May Not Collect Access Charges FCC puts kibosh on MagicJack business model = taking a loss on their sale of the device, and free calls offer, and hoping to make money on the "access" charges, much the same way the "free" conference calling telcos in the midwest make their money. http://www.telecomlawmonitor.com/2011/04/articles/access-charges/fcc-rules-voip-provider-may-not-collect-access-charges/ The Commission concluded that YMax did not provide the services described in its tariffs. Specifically, it held that MagicJack customers were not "End Users" under the tariff because MagicJack customers do not "use" a service they obtain under the terms and conditions of the tariff. Further, the Commission concluded that YMax does not provide "End Office Switching" or "Transport" services because YMax does not provide connections to the MagicJack customers via "station loops" or "end user lines." At bottom, the FCC narrowly found that the tariff at issue here did not describe the services performed. -- --------------------------------------------------------------- Joly MacFie 218 565 9365 Skype:punkcast WWWhatsup NYC - http://wwwhatsup.com http://pinstand.com - http://punkcast.com VP (Admin) - ISOC-NY - http://isoc-ny.org -------------------------------------------------------------- - ----- End forwarded message -----