Vonage co-founder and head of SIP based Free World Dial-up, Jeff Pulver has had an amazing few weeks. From meeting with the FCC to appearances last week on CNBC, he's suddenly found himself as the VoIP poster boy after the FCC ruled his service, and other "pure" VoIP providers were exempt from regulation. We spoke to Jeff to get his thoughts on the victory and on what's next for the VoIP industry. -

BBR:: Your victory, thanks to years of effort, for the time being frees FWD and other "pure" VoIP providers from regulation. Do you expect further battles down the road?

Pulver: Absolutely, especially outside the US where the regulators may not be always as forward thinking as Chairman Powell of the FCC. It will be critical for the IP Communications industry to share their insights and respond back to the FCC's NPRM.

I also expect that eventually Congress may try to re-write the Telecom Act of 1996 and introduce something new.

It should be noted that notwithstanding the regulatory status from the FCC, communication service providers have an obligation to work with law enforcement and I believe over time will need to weigh-in on social policy issues.

BBR: Are you surprised about the victory since the FBI was very eager to regulate ALL VoIP for easier surveillance (inclusion in CALEA)? Will backdoor inclusion in hardware be their primary push from here on in, or do you expect other legislative efforts?

Pulver: I greatly appreciated the fact that the FBI and FCC were able to reach a compromise and allow the FCC to rule on the FWD Petition. Getting onto the agenda of the February FCC meeting was a big step, staying on the agenda was an even bigger one. I never took for granted that we would stay on the agenda.

Each morning during the week of February 2nd started with a discussion that started with "We are not dead yet."

BBR: Commissioner Copps indicated that the FCC's ruling "presents stark challenges for law enforcement and has implications for universal service, public safety and state and federal relationships that we have yet to untangle or assess." Yet Powell apparently commented that the FBI is already able to conduct VoIP wiretaps. Likewise, for obvious reasons, surveillance technologies like Echelon and Carnivore aren't often brought up, much less discussed during public hearings. Your thoughts on these opinions, and can you outline the technical specifics behind how the FBI could wiretap a FWD conversation?

Pulver: I believe advance surveillance technologies already exist that can be applied to get the spirit of CALEA applied, even with IP Networks. If such technologies don't exist today, they will exist in the very near future. And why not try to do a tap at the ISP closest to where the surveillance is taking place?

Just for the record we met with the DOJ/FBI and told them that we would provide whatever information we had if asked. I re-affirmed this in an exParte filed in early February.

BBR: Were you surprised to see the California PUC push forward with their efforts to regulate providers (on the same day as your victory) despite Powell's request they keep their "hands off"?

Pulver: Yes I was. I won't be surprised if the FCC were to preempt California from moving forward in their efforts.

BBR: While former FCC head Reed Hundt hinted he thought Powell would regulate VoIP heavily saying the "fix was in" at the FCC, so far it seems he may do the exact opposite. Do you expect much heavier regulation for VoIP providers whose networks intersect with the Public Switched Telephone Network?

Pulver: I have the deepest amounts of respect for Chairman Powell and I find that he and I are on the same page when it comes to the possibilities for that IP Communications represents for the future of communications. When he spoke at both the December VoIP Forum and at the Feb 12th hearing, I found myself smiling and nodding along with his words.

I also recognize that there are certain needs to be addressed as the world morphs forward. Not that I'm a fan of regulation, with all things considered, I would expect light regulation.

BBR: Care to elaborate on your meetings with the FCC leading up to the decision? Did you find that the commissioners had a full grasp of the issues they are currently facing?

Pulver: One day I hope to write about the Road to Petition in a mini-novel. :-)

The meetings were interesting and interactive and I've already hosted one brown bag lunch were we taught SIP to some of the people responsible in the policy division. My goal is to continue to work with as many people involved in public office who wish to learn about IP Communication technologies.

BBR: In your opinion, how much of the states motivation to regulate VoIP is genuine concern over having a system in place to hold faulty E-911 accountable, and how much is a simple cash grab?

Pulver: I wish I knew the people in the States better. Someone in Washington told me that the State PUCs "follow the money" and this may be the case, but I'm not sure. In Washington I have met people who see the innovation, the disruption and have the vision to deliver next generation services over broadband and other alternative networks. I also do expect that over time we will address and solve as an industry the social policy concerns that everyone is worried about.

BBR: While bells traditionally are seen as the "enemy" of VoIP providers (or vice-versa) in the media, their lobbyists weren't particularly vocal at the recent FCC hearings, and they weren't a significant roadblock in your quest to be free of regulation. Why?

Pulver: I don't see the Bells as the "enemy" but rather friends. We are all in this together and I look forward to working with everyone as the future unfolds. Innovation will be driven by everyone and this is one time when everyone may be able to win.

BBR: Do you feel AT&T will wind up being exempt from access charges?

Pulver: No.

BBR: SBC claims they've lost between $200 to $450 million due to "illegal access avoidance" by long-distance carriers and VoIP providers. An accurate figure in your opinion?

Pulver: I'm not sure but these sound like the words of a lobbyist trying to spin a story. Then again, they could be correct.

BBR: What's next for your company Free World Dial-Up?

Pulver: A lot! We are launching a new website shortly and have been expanding the number of partners we can reach. At the same time, we are looking for ways to expand the FWD brand and help "FWD Power" the networks of Broadband ISPs who wish to offer unregulated FWD-style end-to-end communications to their customers.

You can learn more about Jeff Pulver via his website, Pulver.com.