*Pages 1--3 from Microsoft Word - 52764.doc* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA 05- 2874 Released: October 31, 2005 Enforcement Bureau Provides Additional Guidance to Interconnected Voice Over Internet Protocol Service Providers Concerning Enforcement of Subscriber Acknowledgement Requirement WC Docket No. 04- 36 WC Docket No. 05- 196 In this Public Notice, the Enforcement Bureau (Bureau) provides further information regarding its intended enforcement of the subscriber affirmative acknowledgement requirement imposed on interconnected Voice over Internet Protocol (VoIP) service providers in the Commission’s VoIP E911 Order. 1 In its September 27, 2005 public notice, 2 the Bureau announced that, after considering the reports submitted by interconnected VoIP providers detailing their compliance with the Commission’s notification requirements, 3 it would not pursue enforcement action against providers who had obtained acknowledgements from 90% or more of their subscribers that they had read and understood an advisory from the provider addressing the limitations of the provider’s 911 service. We also indicated that we would continue to forbear from enforcement action, until October 31, 2005, against providers who had obtained less than 90% of their acknowledgements, provided that such providers submitted a status report to us by October 25, 2005. We have reviewed reports submitted by numerous providers on October 25, 2005, and continue to see evidence of providers’ substantial efforts to comply with the Commission’s rules, as well as significant progress in obtaining acknowledgements from all of their customers regarding the limitations of their 911 service. Based on these substantial efforts, we will continue to refrain from exercising our enforcement authority against those providers who have yet to obtain acknowledgements from 90% or more of their subscribers, provided that these providers file an additional status report with the Commission on November 28, 2005. This status report should detail the efforts that they have undertaken to obtain acknowledgments from the remainder of their subscriber base, explain why they have been unable to achieve an acknowledgment percentage closer to 100%, and provide the current percentage of acknowledgments that they have received as of the date of filing. Thereafter, we expect these providers 1 IP- Enabled Services and E911 Requirements for IP- Enabled Service Providers, First Report and Order and Notice of Proposed Rulemaking, 20 FCC Rcd 10245 (rel. Jun 3, 2005) at ¶¶ 48, 73 (VoIP E911 Order); see also 47 C. F. R. § 9.5( e). 2 See Public Notice, (DA 05- 2530) released September 27, 2005. 3 The Bureau has reviewed numerous reports that interconnected VoIP providers filed on August 10, September 1 and September 22. See Public Notice, (DA 05- 2085) released July 26, 2005, http:// hraunfoss. fcc. gov/ edocs_ public/ attachmatch/ DA- 05- 2085A1. doc; see also Public Notice, (DA 05- 2358) released August 26, 2005, http:// hraunfoss. fcc. gov/ edocs_ public/ attachmatch/ DA- 05- 2358A1. doc. 1 3 20554, or by e- mail to janice. myles@ fcc. gov. Parties must also serve one copy with the Commission’s copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, S. W., Room CY- B402, Washington, D. C. 20554, (202) 488- 5300, or via e- mail to fcc@ bcpiweb. com. For further information regarding this proceeding, press should contact Janice Wise, Director, Media Relations, Enforcement Bureau, (202) 418- 8165, and providers should contact David Hunt, Telecommunications Consumers Division, Enforcement Bureau, (202) 418- 1522, or Cynthia Bryant, Telecommunications Consumers Division, Enforcement Bureau, (202) 418- 8164. -FCC- 3