VoIP: NEW, EXCITING AND UNCERTAIN

Voice over Internet Protocol (VoIP) is now a commercially viable technology—one that does not fit neatly into the regulatory scheme for other forms of telecommunications as it is rife with business and legal issues. VoIP providers can head off many problems by engaging lawyers who understand these challenges and know how to effectively and efficiently resolve them.

Davis Wright Tremaine LLP (DWT) represents an array of VoIP providers, including cable companies, wireless carriers, traditional telecom carriers and ISPs. We are among the few firms accruing extensive experience early in the life of this exciting new technology that is dramatically changing the way we use the Internet.

With many years of experience in both traditional and emerging technologies, DWT is ideally positioned to help our clients. With offices in major U.S. cities and Shanghai , China , and broad state and federal experience, we are ready to handle the issue wherever it arises, with the new questions and issues raised by VoIP. And, because many of our attorneys have held high-level positions with the Federal Communications Commission (FCC), state public utilities commissions and leading telecommunications companies, we have "insider" perspectives that enhance our expertise.

Regulatory compliance

Because of the unique regulatory scheme to which VoIP providers are subject, questions frequently arise about how specific requirements should be applied. One set of regulations stem from CALEA: the Communications Assistance for Law Enforcement Act of 1994. Another is a recent FCC rule requiring certain VoIP providers to provide enhanced 911 emergency calling capabilities (E911) to customers as a mandatory feature of the service.

At DWT, we provide insightful advice to VoIP providers about the impact of these and other regulations on their operations. (For example, see advisory bulletin about E911 at www.dwt.com/practc/telecom/bulletins/06-05_VoIPE911.htm).

Retail roll-outs

A key component of a retail roll-out of VoIP services is the contract between the provider and consumers. To protect the provider, these contracts must specify a number of critical terms, including the scope of and limitations on service, payment plans and procedures, and compliance with the FCC’s new rule on E911. Our lawyers have valuable experience preparing these contracts and advising VoIP providers about their details. (For a copy of a DWT lawyer’s PowerPoint presentation about these contracts, see www.dwt.com/telecom).

Wholesale transactions

DWT lawyers represent VoIP providers in a broad range of wholesale transactions. Among them are agreements between providers and Internet backbone companies, equipment suppliers and billing system vendors.

Taxes

Taxes and regulatory fees are key issues for VoIP providers. We have the expertise and the geographical scope to provide advice about federal, state and local taxes and fees for as many jurisdictions as are involved. Because DWT is a full-service firm with more than 400 lawyers, we can also call on the specialized skills of our tax attorneys when it is to our clients’ benefit.

The DWT advantage

If you are engaged in the provision of VoIP services—or expect to be—give us a call. Anticipating the future is one of our attorneys’ outstanding abilities, and we would be pleased to help you maximize your potential with this exciting new technology while minimizing the difficulties.