Editor’s Note: With the proliferation of IP based services and convergence of telecommunications, broadcasting and computer technologies, governments the World over have been re-examining their policies and regulatory treatment of Voice over Internet Protocol (VoIP). In 2005, the Government of Barbados issued a draft policy for the regulation of VoIP services. This note summarizes the main features of the Government of Barbados’ draft policy. The draft policy document is attached to this note.
The Government of Barbados wishes to create a technology neutral regulatory framework for IP based networks and services. In keeping with this objective, the Telecommunications Unit of the Ministry of Energy and Public Utilities has published a draft policy on Voice over IP. [1]
Under the draft policy VoIP providers are exempted from price regulation by the Fair Trading Commission (FTC). They will, however, be required to conform to the requirements of the Fair Competition Act and the Consumer Protection Act. Additionally, geographic numbers will be allocated to VoIP providers in accordance with ITU guidelines and on a non-discriminatory basis.
The regulatory framework for VoIP is seen as “work in progress”, and will be reviewed as VoIP evolves.
Definition of VoIP Service
For the purposes of the policy, VoIP service includes:
- Peer-to-peer calls (that is, calls made between two computers, that do not connect to the PSTN,
- PC-to-phone services, and
- Phone-to-phone services.
Registration and Licensing
The draft policy provides that VoIP can be offered only by companies registered in Barbados. VoIP service providers must obtain either a fixed or international service license issued by the Ministry with responsibility for telecommunications. These requirements are designed to ensure compliance with local consumer protection legislation and that requisite license fees are collected, and minimize leakages of tax revenues and foreign exchange.
The following classes of entity are exempt from licence fees:
- Community-based organizations,
- Non-governmental organizations,
- Entities such as the Church, and
- Private Network Operators (for example companies seeking to connect their corporate headquarters or subsidiary companies).
Obligations of VoIP Service Providers to the Public
The Government proposes to impose the following obligations on organizations providing VoIP services to the public:
- To interconnect with Cable &Wireless’s Public Switched Telephone Network (PSTN) so that customers will be able to send and receive calls from other VoIP operators, competing fixed and fixed-wireless operators and public mobile networks,
- Provide access to emergency services free of cost to customers,
- Give a clear description of the service on offer to customers,
- Contribute to Universal Service Fund (and recovery of Cable &Wireless’s access deficit),
- Make adequate provisions for disabled users, and
- Comply with directives on quality of service and directory enquiry services which the Government of Barbados may issue from time to time.
The draft policy contains no specific proposals with respect to number portability. Indeed, the Government has indicated its intention to investigate the benefit and cost of number portability and thus its regulatory implications for VoIP operators will have to await the outcome of this study.
VoIP and Bypass
Bypass fraud is prohibited under the Barbados Telecommunications Act 2001-36. The Telecommunications Unit is currently developing a policy for addressing bypass in Barbados. In this context, the Unit proposes to define bypass as:
The termination of international voice services over the domestic switched telecommunication network or mobile network, by a person who does not originate the call or possess a valid interconnection agreement with that domestic or mobile network operator with respect to international voice service.
The Unit proposes exempting the following types of VoIP services from the above definition:
- Peer-to-peer voice service, that is services enabling calls between two computers via the Internet. Peer-to-peer services do not connect to the PSTN and do not generally use North American Numbering Plan conforming telephone numbers, and
- PC-to-phone and phone-to-PC services (VoIP over broadband). This includes services provided by Skype, Yahoo, and Google.
The Unit has identified VoIP as a key enabler of bypass. For this reason, it proposes that:
- The use of Net2phone, Vonage, Voice Sticks and IBN Flyfone service and any other such VoIP devices will be allowed, provided these VoIP providers enter into a partnership with a holder of a Barbados International Licence and such services are provided under the name of the Barbados Licence holder,
- Importers of VoIP adapters (IP to telephone line) or IP phones must produce a valid Barbados international/domestic carrier and service provider licence and (proof) certified by the Telecommunications Unit that the importer has such licences.
Endnotes:
[1] The Telecommunications Unit provides regulatory and licensing functions in accordance with the Telecommunications Act 2001-36. It now falls under the Development Division of the Ministry of Economic Affairs and Development.