Stephen,
The individual case basis or ICB criterion for determining telco classification could turn out to be quite arbitrary, or it could be as simple as determining on the basis of who uses an established central office subscriber data base lookup and an end office ILEC/CLEC switch or access to SS7. Gradients in between exist also, and no one knows what lurks in the minds of the powers that be at this time. Least of all, I suspect, the powers that be. The one major difference is that the driving forces are now coming from the other direction, i.e., the startups, and it's going to be the role of the incumbents to catch up, and very likely, surpass.
There's a lot of fear among legislators in Washington and the state capitals of saying or doing the wrong thing at this time, as public sentiment is largely behind a hands off policy re anything that has to do with the Internet. But there is no guarantee that this will last forever, given the power of lobbying and the inevitable, over time, changing power structures in DC.
I don't think it's sufficient to pigeon hole a service provider as an enhanced service provider simply because they support PC-to-'net information services, because anyone can do that, and these could easily be separated along functional lines of business from voice services, much the same way that the FCC Computer Inquiries I and II caused there to be structural separations between incumbent monopoly players and their startup subsidiary lines of business in the 80s. We've been to this place before, with a slightly different seating arrangement, but it's beginning to look pretty much like the same church.
What is considered traditional carrier infrastructure today, whether it be a switch or a black telephone, could turn out to be an historical reference only, within the next several years, as ILECs and other emerging classes of SPs decide to adopt non-traditional access and termination methods to replace what has been traditionally thought of as POTS.
I think its useful to remember that the enhanced service provider exemption that was declared in the Eighties itself was initially intended to be a temporary measure to ensure that nascent service providers had some breathing room to expand.
There is nothing etched in stone that says that this sort of relief will last forever, other than the growing sentiments of the public, and the fear of losing votes by congressional representatives. And if it does last forever, it will mean re- defining what POTS and ESP services are in the constantly changing attributes of both.
I'd like to hear other opinions on this, and thanks for sparking the discussion.
Regards, Frank Coluccio <Sp chk broke> |