Jul/Aug 19 - ChannelVision Magazine

In most countries today, includ- ing the United States, OTT services remain largely unregulated. In June, though, the European Court of Justice (ECJ) determined that over-the-top calling apps such as Hangouts, Skype and Viber should be subject to European regulation – and if the ruling holds, it could create some major obstacles for VoIP providers operating in Europe. It’s possible that OTT voice provid- ers may be forced to comply with EU mandates related to consumer protection, data privacy, registration and law enforcement access. The case was part of an ongoing dispute between Skype and the Belgium Institute of Postal Services and Telecommunications (BIPT), a local regulatory agency. For years, the BIPT has been trying to regu- late Skype as an electronic com- munications service. Skype argued that it is not a telecommunications provider because its platform relies on internet infrastructure that’s already regulated. According to the ECJ in its latest ruling, Skype should in fact be reg- ulated because it charges custom- ers for making calls, and it trans- mits calls to telephone numbers. OTT Under the Scope U p until recently, over-the-top (OTT) communica- tions providers have been allowed to operate in Europe independently of EU jurisdiction. This could change, though, as European regulators are now zeroing in on the practice of running communications services over the internet. The debate is now raging as to what counts as a telecommunications service. New regulation from the European Court of Justice could have significant implications for globalVoIP providers By Gerald Baldino international Agents 30 Channel Vision | July - August, 2019