About VoIP -16 Legal issues in different countries

 About VoIP
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.

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