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Rural phone competition on horizon?
VoIP providers challenge rules protecting carriers

By Paul Davidson
USA TODAY

http://www.usatoday.com/printedition/money/20060424/voip19.art.htm


Many rural phone companies — some backed by their state regulators — are 
blocking cable TV providers from competing with them by selling inexpensive 
Internet-based phone service. The battles have spawned a legal ruckus that 
could affect millions of customers in less-populated areas.

At the heart of the disputes, likely to be settled by the Federal 
Communications Commission or Congress, is a seismic collision of policies. 
While legacy rules protect rural carriers from competition, new policies 
promote technologies that foster greater consumer choice, even in the 
countryside.

Voice over Internet Protocol service — VoIP — from cable companies is 
becoming the leading alternative to standard local phone service now that 
companies such as AT&T and MCI have stopped competing with the local phone 
companies. AT&T and MCI, respectively, were bought last year by SBC and 
Verizon.

VoIP lets customers get discount phone service by connecting a regular 
phone and adapter to a high-speed Internet line. Time Warner has signed up 
1.1 million customers for its VoIP service, which costs as little as $39.95 
a month when bundled with cable and broadband.

In South Carolina, Time Warner Cable wants to offer its VoIP service in 
towns it already serves with cable TV and broadband services, such as 
Myrtle Beach and Stateburg.

But Time Warner must first set up connections with rural carriers so its 
VoIP users and rural-phone customers can exchange calls. Rural carriers 
also must provide Time Warner local phone numbers and 911 services.

Time Warner typically leases these services from phone competitors, like 
MCI or Sprint, which, in turn, lease them from the local phone companies.

But six rural carriers, including Farmers Telephone Cooperative and Horry 
Telephone, say they are not required by federal law to provide these 
services to MCI. They say that MCI would not serve area residents directly 
and that the service used by residents would not be a “telecommunications 
service.” The FCC, in fact, has signaled it likely will label VoIP an 
“information service,” a move that VoIP providers support because it would 
keep them unregulated.

Time Warner says that distinction is irrelevant, adding that rural carriers 
must accommodate MCI because it's providing a wholesale telecom service to 
Time Warner. Time Warner has similar setups in hundreds of U.S. markets.

The South Carolina Public Service Commission, though, sided with the rural 
carriers. It also has rebuffed Time Warner in its request to be certified 
as a telecom carrier so it could buy services from rural carriers directly.

Nebraska regulators backed Southeast Nebraska Telephone in a similar battle 
against Time Warner and Sprint. Standoffs between Time Warner and rural 
carriers in Texas and New York are before state regulators or the courts.

And although the Iowa Utilities Board sided with Mediacom in a fracas with 
about 30 rural companies, the decision likely will be appealed to a federal 
judge, says David Lynch, board general counsel.

To avoid a nationwide checkerboard of rules, Time Warner asked the FCC last 
month to decree that the rural companies must make way for the new 
competition. The FCC's decision could determine whether VoIP will be 
available to millions of rural residents. Independent VoIP providers like 
Vonage also have been shut out of most rural areas.

Congress may step in. Part of a House telecom bill would make rural 
carriers work with VoIP rivals.

Many rural companies would face land-line phone competition for the first 
time. “They probably thought no one would ever come into their bailiwick,” 
Lynch says.

Rural companies get federal subsidies to offset the cost of serving 
sparsely populated areas. Also, a 1996 federal law limits the ability of 
local phone rivals to compete with them by leasing the rural companies' 
networks. Part of the concern is that the rivals could undercut the rural 
carriers' prices by serving only larger, more lucrative towns and 
neglecting remote regions.

Cable VoIP providers, though, can skirt that obstacle because they have 
their own networks. Yet many of their franchises serve only more populated 
towns, raising concerns for rural carriers.

In a filing with the South Carolina Public Service Commission, Margaret 
Fox, a lawyer for the six rural companies, said Time Warner's plan “could 
have a devastating impact on the ability of rural carriers to continue to 
provide” affordable service in rural areas.

But Time Warner general counsel Marc Lawrence-Apfelbaum says the companies 
are simply protecting their monopolies. “They don't want anybody to be able 
to compete with them,” he says.

Fox did not return messages.


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu



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