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 Federal  Communications  Commission  FCC  04-  27 
 STATEMENT  OF  COMMISSIONER  KEVIN  J.  MARTIN 


 Re:  Petition  for  Declaratory  Ruling  that  pulver.  com’s  Free  World  Dialup  is  Neither  Telecommunications  Nor  a  Telecommunications  Service,  WC  Docket  No.  03-  45. 
 Today,  the  Commission  takes  its  first  important  step  in  bringing  the  benefits  of  VoIP  closer  to  all  American  consumers.  By  declaring  Pulver.  com’s  “peer  to  peer”  offering  to  be  an 
 unregulated  information  service,  we  provide  a  clearer  regulatory  framework  that  will  not  unduly  burden  these  offerings  with  economic  regulation. 


 I  believe  that  Pulver.  com’s  Free  World  Dialup  (FWD),  and  other  similar  offerings  are  critical  in  the  Commission’s  efforts  to  encourage  local  competition  and  provide  all  Americans 
 with  greater  choices  and  lower  prices  for  communications  services. 
 As  I  have  stated  previously,  as  VoIP  services  move  toward  becoming  a  substitute  for  traditional  telephony  services,  we  need  to  carefully  consider  and  address  any  questions  and 
 concerns  regarding  the  obligations  to  provide  traditional  public  safety  services  such  as  911  and  the  ability  to  comply  with  law  enforcement  requirements.  I  thus  support  today’s  announcement 
 that  the  Commission  will  soon  initiate  a  comprehensive  rulemaking  to  address  law  enforcement’s  needs  relative  to  CALEA  and  that  our  decision  today  will  not  prejudice  the 
 outcome  of  that  proceeding. 
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