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Subject: TELECOM Digest V23 #537

TELECOM Digest     Tue, 9 Nov 2004 15:07:00 EST    Volume 23 : Issue 537

Inside This Issue:                            Editor: Patrick A. Townson

    FCC Expected to Exempt VoIP From State Rules (Lisa Minter)
    Pulver.com Encouraged by FCC Acknowledgement on Nomadic VoIP (L. Minter)
    FCC Insulates Web Phone Service from State Regs (Lisa Minter)
    FCC Further Deregulates Net Calls (Lisa Minter)
    $1.40 Monthly VoIP Tax? Two California Towns Ask For Handouts (L Minter)
    Free VOIP Learning Resources, News, Links Tutorials (TekJockey)
    Lost Caller ID Switching Local Service - Need Translation (Adam Harbour)
    SBC Dial-up Internet Modem Speed Only 28.8 Kbps in Westland (N Joltt)
    Re: Who Sends This Around? EVIL FBI SADISTS (palee@riteaid.com)
    Re: Who Sends This Around? EVIL FBI SADISTS (Charles Cryderman)
    Re: "We're From the Government...";  NSA Recs on Securing Mac OS X (jdj)
    Re: Long Distance Service in California (Clarence Dold)
    Re: Any News on the Feds v. Norvergence? (Satchel Paige)

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----------------------------------------------------------------------

From: Lisa Minter <lisa_minter2001@yahoo.com>
Date: Tue, 09 Nov 2004 04:30:27 -0500
Subject: FCC Expected to Exempt VoIP From State Rules


http://www.usatoday.com/money/industries/telecom/2004-11-08-voip-usat_x.htm

By Paul Davidson, USA TODAY

The Federal Communications Commission is expected to vote today to
exempt Internet-based phone companies from state regulation, a step
that could help boost the emerging services.

But the vote is likely to anger some local officials who say the FCC
is usurping local authority.

Among other things, the ruling would mean states could not force
Vonage and other Internet phone companies to provide 911 service or
comply with local consumer fraud laws, FCC officials told USA TODAY.

[.....]

The agency does plan to impose its own requirements that VoIP services
provide 911 and make their networks wiretap-friendly for the FBI. But
state officials say they are better equipped to oversee issues such as
911 and consumer fraud.

"Our main concern is: What's left for the states here?" says
Commissioner Bob Nelson of the Michigan Public Service
Commission. State and local officials have flooded FCC commissioners
with letters voicing concerns about the proposed ruling. One of their
concerns is they could not collect revenue from VoIP providers to
subsidize high-cost rural phone service.

[Jack Decker comment: Dear Mr. Nelson: Considering the track record of
the Michigan Public Service Commission and the way they have allowed
the independent phone companies to avoid coming into full compliance
with the Michigan Telecommunications Act of 2000, which (if they
request a rate increase) requires them to provide local calling to
adjacent exchanges (but the MPSC has in effect allowed some of the
companies to redefine the meaning of a local call, so that in some
cases it is charged like a toll call even though they still call it
local, in a fine example of Orwellian "newspeak"), I would say that
there should be *nothing* left for the states here.  The very last
thing I would ever want to see is the Michigan Public Service
Commission attempting to regulate VoIP.

You and your fellow Commissioners have shown that you cannot be
trusted to uphold the law as the Michigan legislature intended, nor to
put the interests of telephone customers first.  Besides those
associated with some of the second- and third-tier incumbent phone
companies, which stand to lose their defacto monopolies if VoIP gains
traction, about the only people that are going to be upset if the FCC
rules as expected are you and some of the other state Commissioners
(in Michigan and other states), who in my opinion seem to be more
concerned about your own jobs than the public interest.  Not to
mention that you seem to love being quoted by the press!

One reason the courts tend to give a lot of weight to the "commerce
clause" of the U.S. Constitution (article I, section 8) is that if the
states were free to regulate every industry at will, it would be so
costly for any company to do business nationwide that few companies
would be able to.  In the area of telecommunications regulation, state
commissions have in many cases shown that they cannot be trusted to
put the overall public interest ahead of the narrow interests of the
companies they are supposed to be regulating.  The Michigan Public
Service Commission may be among the worst in that regard, particularly
when they apparently let some of the smaller rural phone companies
gouge their customers just about any way they can think of.

Mr. Nelson, would it be too much to ask that you get out of the
limelight for a while, and start doing a much better job of regulating
those companies you're already supposed to be regulating, before you
try to broaden your influence to encompass a very competitive industry
for which there is NO need for the traditional form of regulation?]

Full story at:

http://www.usatoday.com/money/industries/telecom/2004-11-08-voip-usat_x.htm

------------------------------

From: Lisa Minter <lisa_minter2001@yahoo.com>
Date: Tue, 09 Nov 2004 11:15:56 -0500
Subject: Pulver.com Encouraged by FCC Acknowledgement That Nomadic VoIP
Reply-To: VoIPnews@yahoogroups.com



http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=109&STORY=/www/story/11-09-2004/0002399032&STORY&EDATE=

Pulver.com Encouraged by FCC Acknowledgement That Nomadic VoIP Service
Not Subject to State Economic Regulation
 
      Vonage Order Was Next Logical Step in FCC's Approach to VoIP

MELVILLE, N.Y., Nov. 9 /PRNewswire/ -- The following may be
attributed to Jeff Pulver, CEO of pulver.com regarding today's FCC
decision asserting preempting state jurisdiction over certain nomadic
VoIP services:

"In the world's first regulatory statement freeing VoIP
communications from legacy telecom regulation, the FCC ruled last
February that pulver.com's computer-to-computer Free World Dialup
service was an unregulated information service.  The pulver Order was
a great first step to ensure that pure peer-to- peer VoIP services are
not subjected to legacy regulations.  The Vonage Order is the next
logical step to ensure that VoIP services that look like more
traditional telecom services are not subjected to a cumbersome,
patchwork of state regulations."

"We are encouraged by the FCC's decision preempting states from
imposing economic regulations on nomadic VoIP services. Today's
decision was essential to allow the IP-based communications industry
to develop and flourish free from traditional telecommunications
regulation and to ensure that a hodge- podge of archaic telecom
regulations do not stifle the nascent IP-based communications
industry."

"Every sector of the high tech and communications industries,
including capital markets, has been watching to see how rules are set
for this potentially explosive technology, one that holds tremendous
promise not only for communications innovation, but also for the
global economy."

"Certainly, the Commission should not subject IP-based
communications to a set of archaic regulations that were designed and
kluged together over the years to patch together a disparate array of
technologies and services.  The disruptive emergence of IP-based
communications essentially compels the Commission, the States and
every regulatory authority around the globe to rethink the patchwork
of disparate, illogical and irreconcilable regulations."  

"The Commission must next resolve the lingering intercarrier
compensation and universal service proceedings, particularly to ensure
that IP-based communications providers are not dragged into existing
regulatory schemes that so desperately need to be reformed.  The
conclusions and rules that will result from these proceedings will
greatly affect the future of all IP-based communications, including
the speed of deployment, consumer and enterprise adoption and ubiquity
of IP-based communications."  

"Regulators and the IP-based communications industry need to think
creatively about how to protect consumers in a new communications
environment.  pulver.com and many members of the IP-based
communications community are committed to achieving the social good
through industry-based solutions that do not unnecessarily subject
industry to regulatory and other governmental intrusion.  To that end,
in fact, pulver.com has established the Global IP Alliance, an
international organization committed to advancing IP-based
communications and resolving the commercial, technical, operational
and social issues confronting the world-wide IP communications
community."  

"VoIP is 'disruptive communications' in the most positive sense.
IP-based communications allow for 'open' solutions, with no barriers
to entry and no relation to geography.  IP-based communications are
capable of empowering users to control their own communications
experience.  There, however, is a real danger in regarding VoIP simply
as a cheaper way to provide voice service.  That is NOT VoIP.  It is
incumbent upon all us to ensure that it does not get relegated to the
world of black rotary phones, but truly the becomes the communications
of the future."

About Pulver.com

Jeff Pulver is the President and CEO of pulver.com, and one of the
true pioneers of the Internet telephony/VoIP industry. Mr. Pulver is a
globally renowned thought leader, author and entrepreneur. He is the
publisher of The Pulver Report and VON magazine, and creator of the
industry standard Voice on the Net (VON) conferences. Additionally,
Mr. Pulver is the founder of Free World Dialup (FWD), the VON
coalition, LibreTel, WHP Wireless, pulverinnovations, Digisip, and is
the co-founder of VoIP provider, Vonage.

Recently, Mr. Pulver's petition for clarification declaring Free World
Dialup as an unregulated information service was granted by the
Federal Communications Commission (FCC). This landmark decision by the
FCC, now referred to as "the Pulver decision", was the first decision
made by the FCC on IP communications, and provides important
clarification that computer-to-computer VoIP service is not a
telecommunications service.  For more information, please visit
http://www.pulver.com

------------------------------

From: Lisa Minter <lisa_minter2001@yahoo.com>
Date: Tue, 09 Nov 2004 11:21:33 -0500
Subject: FCC Insulates Web Phone Service from State Regs


http://www.reuters.com/newsArticle.jhtml?type=domesticNews&storyID=6760085

FCC Insulates Web Phone Service from State Regs

WASHINGTON (Reuters) - The U.S. Federal Communications Commission on
Tuesday approved a petition to insulate Vonage Holdings Corp.'s
Internet-based telephone service from certain state regulations.

Full story at:
http://www.reuters.com/newsArticle.jhtml?type=domesticNews&storyID=6760085

------------------------------

From: Lisa Minter <lisa_minter2001@yahoo.com>
Date: Tue, 09 Nov 2004 12:19:26 -0500
Subject: FCC Further Deregulates Net Calls


http://news.com.com/FCC+further+deregulates+Net+calls/2100-7352_3-5444883.html

By Ben Charny
Staff Writer, CNET News.com

The nation's top telephone regulators on Tuesday further deregulated
Internet phone services.

The Federal Communications Commission ruled that states are now barred
from imposing telecommunications regulations on Net phone providers,
which treat calls no differently than any other application on the
Internet. That class of operators includes Vonage Holdings, which
asked the FCC for just such a designation in May, plus Verizon
Communications, AT&T and dozens of other commercial Internet
providers, according to those familiar with the FCC's thinking.

"This landmark order recognizes a revolution has occurred," FCC
Chairman Michael Powell said at the meeting.

The FCC's decision was a general one, was widely anticipated, and
answers just one of dozens of questions about how regulators will
ultimately treat Internet phone services, typically referred to as
voice over Internet Protocol (VoIP). Much of the nitty-gritty of
policymaking is still to come, as the FCC plods away at drafting a set
of rules for new services like Vonage's that rely on Internet
Protocol, the backbone of the Internet.

For instance, Vonage had also asked in its May petition whether it
would be considered a telephone or information service, a designation
that means the difference between a draconian and very light
regulatory environment for the carriers. The commission did not answer
that question Tuesday.

Full story at:
http://news.com.com/FCC+further+deregulates+Net+calls/2100-7352_3-5444883.html

------------------------------

From: Lisa Minter <lisa_minter2001@yahoo.com>
Date: Tue, 09 Nov 2004 10:34:22 -0500
Subject: $1.40 Monthly VoIP Tax? Two California Towns Ask For Handouts


http://www.broadbandreports.com/shownews/56531

While the FCC is expected to rule today that state and local
governments can't touch VoIP carriers, two California towns are making
last ditch efforts to tax VoIP. The towns of Burbank and El Monte are
asking VoIP carriers to collect $1.40 from every subscriber. The
states (started by Minnesota) are also gunning for a money grab; even
though VoIP providers often don't even have a physical presence in the
areas trying to tax them.

Article plus reader comments at:
http://www.broadbandreports.com/shownews/56531

------------------------------

From: tekjockey@yahoo.com (TekJockey)
Subject: Free VOIP Learning Resources, News, Links, Tutorials
Date: 8 Nov 2004 21:21:39 -0800


###Learn VOIP (H323, MGCP, SIP), LAN (ethernet, fiber, copper), WAN
(T1/ T3) , ROUTING (BGP, OSPF, EIGRP)###

http://www.compointsolutions.com 

##Great for TECH PROFESSIONALS AND BUSINESS OWNERS WHO NEED TO KNOW MORE##

Updated Daily - Tutorials, news, resource links and pdf's on learning
voip.

Fresh content - updated daily! 

Vist the links and feed your appetite for knowledge! 
http://www.compointsolutions.com 

Stop By, Learn Stuff, Tell a Friend! ... :-)

------------------------------

From: aharbour@yahoo.com (Adam Harbour)
Subject: Lost Caller ID Switching Local Service - Need Explanation
Date: 8 Nov 2004 17:31:21 -0800


Hi,

I switched from Verizon to Ztel local service last year and in the
process lost my caller id service. I am the only person in my street
that does not have it but ZTel told me that it is not available in my
area. Here is the explanation from the ZTel engineer. Can somebody
read and understand it and tell me if it is BS or true and what I
would have to do to get caller id service back. I really need it for
both my business and home use.

Thanks,

AH

                    -----------------------

"Attempt to add any form of caller id to this ani not available ;
spoke to repair/ not in switch, not on service order that migrated
them to ztel/ spoke to business office and verified that no form of
caller id is available in this switch/ npa nxx/ spoke to customer to
try to explain there are only a certain # of cid spots in each switch
and per Verizon this is no longer available in this switch/ cannot add
cid closing ticket - have called and advised customer.  "

------------------------------

From: njoltt@yahoo.com (N Joltt)
Subject: SBC Dial-up Internet Modem Speed Only 28.8 Kbps in Westland, MI
Date: 9 Nov 2004 05:03:09 -0800


Dial-up speed 28.8 Kbps is the abosulate maximum. Most of times it is
just 26.4, sometimes 14.4 or even lower. So if you want to rent an
apartment in Westland, Michiagn, just be aware of this fact. SBC would
not do anything about it, because the voice bandwidth up to 3K is all
they care about. As long as they meet the voice line quality, any more
improvement for other purposes (such as dial-up Internet access) is
deemed unnecessary. And due to (or because of) that, they're
aggressively promoting DSL in my area. What an irony.


[TELECOM Digest Editor's Note: I think most people prefer cable internet
service over DSL. Is SBC saying a service provided by their company,
(SBC/Yahoo Internet) is 'unnecessary' ?  If you go with cable internet,
then you can probably drop SBC entirely if you wish, and go with one
of the CLECs in your area. That's what I did over a year ago, it has
worked out quite well.  PAT]

------------------------------

From: palee@riteaid.com 
Date: Tue, 9 Nov 2004 10:51:44 -0500 
Subject: Re: Who Sends This Around? 
Organization: Rite Aid Corporation


In TELECOM Digest V23 #536, our Esteemed Editor wrote (in part):

> Anyone else know anything about this guy?

All you need to know about this guy can be found at 

http://members.aol.com/intwg/trolls.htm
http://en.wikipedia.org/wiki/Internet_troll
http://c2.com/cgi/wiki?TrollDefinition


Paul A Lee			Sr Telecom Engineer	<palee@riteaid.com>
Rite Aid Corporation	HL-IS-COM (Telecomm)	        V: +1 717 730-8355
30 Hunter Lane, Camp Hill, PA 17011-2410		F: +1 717 975-3789
P.O. Box 3165, Harrisburg, PA 17105-3165		W: +1 717 805-6208

[TELECOM Digest Editor's Note: I've a hard time accepting that fellow
(at AOL) definition of 'trolling' or even if it is a valid thing. It
seems to me that what many people call 'trolling' is nothing more
than their explanation of why something they personally disagree with
should not appear on the net. I've been called a 'troll' a few times
and all I can say is that some of us speak and write the way we do
because it is our personality. Some of us (most of us, I would hope!)
write and express ourselves from our personal experiences, the fact
that sometimes what we have to say offends the virgin ears, eyes and
brains of some readers is an unfortunate by-product of that. The fact
that some people are offensive in this way should not mean we should
always dismiss them as a 'troll' rather than read what they have to
say (or not). I am still curious to know if anyone has ever met this
person or has some idea of his background, etc, other than just 
dismissing him as a 'troll'.   PAT]

------------------------------

Subject: Re: Who Sends This Around? 
Date: Tue, 9 Nov 2004 06:19:31 -0500
From: Charles Cryderman <Charles.Cryderman@withheld at request>


Pat,

First off, the way things are going, please remove my return e-mail
address.

Now on to my remarks. This guy is just plan nuts. I went and did a
google on this and found his entire rant. Near the beginning he
states:

"PERVERTED FBI agents RAPED, TORTURED, SEXUALLY ABUSED ME for THREE
YEARS and BEHEADED ME which is 10000 times worse than the SEXUAL ABUSE
of prisoners by Lyndie England."

Now I am no doctor or an expert on how the mind works but for some
reason I have a hard time believing anything this joker had to
say. This is because of this one paragraph. How many people do you
know that can live to tell about themselves being "beheaded" Not many
is my guess.  Well to tell the truth, none.


Chip Cryderman

[TELECOM Digest Editor's Note: I do agree it is one of the weirder
pieces of spam which makes the rounds. But I think somewhere in the 
first few paragraphs of his rant he also states something about "you
people who do not agree with me please go on to the next message."
But judging from the sheer size of his missive (100 K of manually
typewritten text) and the fact that it has been around the net many
times (I suspect; I have recieved it three times I think and it
appears to be bombarding Usenet in every newsgroup), I really have
to wonder where the guy is coming from. Unlike most spam, which
appears to be mass produced and distributed millions of times (usually
smaller in size, and with the same phishing expeditions over and
over, with the same misspelled words in the same place time and time
again), this guy appears to have sat there at least once to type it
in, and on various times has updated it with 'latest details' of
what the #@$&@ FBI has done to him, including lately, as you point
out, the FBI having beheaded him. Very unusual, to say the least. 

I must wonder what the average, John Q. Non-Netizen *must think* when
he occassionally stumbles in here, sees the beheaded trolls hoping
around at their keyboards while others try to save us from ourselves
by telling us what our reaction should be to the individuals they have
defined as trolls and sometimes being a bit trollish in their own
responses. I'd say John Q. probably thinks we are all high on drugs.
PAT]

------------------------------

From: jdj <jdj@now.here>
Subject: Re: "We're From the Government...";  NSA Recs on Securing Mac OS X
Date: Tue, 09 Nov 2004 09:41:38 -0800
Organization: Posted via Supernews, http://www.supernews.com


On Mon, 08 Nov 2004 06:57:38 -0800, Justin Time wrote:

> Danny Burstein <dannyb@panix.com> wrote in message:
[snip] 

>> Yes, that NSA:

>> Title:
>> How to Securely Install and Use Apple Computer Inc.'s Mac OS X
>> Version 10.3.x Operating System (Panther)
[snip]

> But it took them at least 30 more pages to make guesses about that
> other common proprietary operating system -- the one from Redmond Wa.
> with the longest running beta test in history.

Beta?????

I thought it was still in pre-alpha. It's still very unstable.

=-=

------------------------------

From: dold@XReXXLongX.usenet.us.com
Subject: Re: Long Distance Service in California
Date: Mon, 8 Nov 2004 23:34:59 UTC
Organization: a2i network


becky <becky210@hotmail.com> wrote:

> I just disconnected from SBC long distance. What other long distance
> service is available?

> [TELECOM Digest Editor's Note: So much is available, we could not
> begin to list it all. Have you considered VOIP service which is
> about as inexpensive as you can get these days, depending on your
> volume of usage, etc. There are *much better* deals out there than
> SBC for sure.  Maybe someone will write you with some suggestions.
> PAT]

I wasted my breath arguing with an SBC rep who insisted I was paying a
monthly fee for my long distance with another carrier.  I pay the
bill; I know what I pay ...  No, there isn't a $3.00 per month "gee we
love having you as a customer" fee.

For any international calls, I use 1010987 which is $.03/minute to most of
the countries I call.  That's actually cheaper than the plan that I have
for domestic LD, but I dislike the extra digits.


Clarence A Dold - Hidden Valley (Lake County) CA USA  38.8-122.5

[TELECOM Digest Editor's Note: Can't you get that 1010987 put onto a
speed dial button if you do not want to default all your LD traffic
to them?   PAT]

------------------------------

From: dor@writeme.com (Satchel Paige)
Subject: Re: Any News on the Feds v. Norvergence?
Date: 8 Nov 2004 21:34:47 -0800
Organization: http://groups.google.com


What kind of recourse do I have? I originally reported Norvergence to
the FTC in September of 2003. I then posted Norvergence's fraud here
to warn everyone about them and to ask everyone to report Norvergence
to the FTC as well. Norvergence sued me. And because I could not
afford to travel from California to New Jersey, let alone to hire a
New Jersey attorney, a default judgement was passed against me.

[TELECOM Digest Editor's Note: Good question.    PAT]

------------------------------

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