The recent Supreme Court ruling against Brand X Internet, an ISP seeking to continue to have access to cable companies' and telcos' broadband lines has been generally hailed as a further assurance that our broadband providers will not be "over-regulated". However, if carried to the extreme, this could spell bad news in the long run for our VoIP providers. Under the ruling, the cable and DSL companies are no longer obligated to allow ISP's to use their lines at wholesale rates and essentially re-sell the services the major companies provide. Earthlink, for instance, could be hit instantly by this if their providers decide that they simply don't want the competition.
Nothing has been said about VoIP in this ruling, but it would seem that if the cable and DSL providers get really serious about offering their own voice services, they could simply decide to block voice packets not originating on their own adapters. Now, let me stress that this is an
extreme case and very much a speculation at this point, but it is ironic that the Supreme Court, in attempting to uphold the growth of technology and the FCC in attempting to guarantee a free marketplace may have just had the opposite effect in the long run.
We will watch this situation carefully, and if things do start to take a turn in a negative direction, a congressional letter-writing campaign could be in order. Let's hope that it does not become necessary.