Pu66ic Service Commission Of West Virginia
201 iarooks Street, P. 0. Box 812 Phone: (304) 340-0300 Charleston, West Virginia 25323 FAX: (304) 340-0325
January 14,2011
Sandra Squire, Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia 25323
Re: Case No. 10-0383-T-C Emergency Operations Center of Kanawha County V. YMAX Communications Corp. and MagicJack, LP
Please accept for filing in the above-styled proceeding an original and twelve copies of the Prepared Direct Testimony of Donald P. Wilson. Copies have been served upon all parties of record.
Truly yours,
C. Terry 04 en, Staff Attorney W. Va. State Bar I.D. No. 2793
CTO/s
H:\TOWEN\WPDOCS\LETTERS\ 1003 83Lcoverletterprepareddirecttestimony.wpd CASE NUMBER 10-0383-T-C
EMERGENCY OPERATIONS CENTER
OF KANAWHA COUNTY
V.
YMAX COMMUNICATIONS COW. AND
MAGICJACK, LP
Direct Testimony Donald P. Wilson, PE Utilities Division
On Behalf of the Staff of The Public Service Commission of West Virginia ******
January 14,2011 1 Q. PLEASE STATE YOUR NAME AND POSITION.
2 A. My name is Donald P. Wilson. I am the manager of the Telecommunications and
3 Cable TV Section of the Staff of the Public Service Commission of West Virginia.
4 Q. PLEASE DESCRIBE YOUR EDUCATIONAL BACKGROUND.
5 A. I obtained a Bachelor of Science degree in Electrical Engineering from West
6 Virginia University in 1975. I passed the Engineer-in Training examination in 1975,
7 and after completion of the required period of active engineering practice, I passed
8 the Professional Engineer examination in 198 1. I currently am a registered
9 Professional Engineer in the State of West Virginia. In addition, I attended and
10 successfully completed a thirteen week Master’s level course entitled Advanced
11 Technology Innovation in 1994 at Carnegie Mellon University. I have also
12 completed many company sponsored technology courses over the past several years.
13 See Exhibit A for a complete list of courses.
14 Q. PLEASE DESCRIBE YOUR PROFESSIONAL BACKGROUND.
15 A. I have 3 1 plus years’ experience in the telecommunications industry, mostly with
16 Verizon Communications and its predecessor companies in a wide variety of
17 technical positions. I started in Capital Recovery, which included making
18 engineering based estimates of the useful lives of capital equipment. I then was an
19 engineer in the Integrated Planning group, doing outside plant studies, interoffice
20 facility studies, and switch replacement studies. I later served as an engineer in a
21 Customer Network Engineering group, where I designed customized voice and data
22 solutions for large business customers. After that, I was a service manager
23 coordinating service issues for large business customers. Then I moved to the 1 regulatory group where I performed public policy and regulatory functions including
2 handling customer complaints, service issues, tariff interpretations and working with
3 Competitive Local Exchange Carriers (CLECs) on wholesale performance issues,
4 interconnection issues, and carrier to carrier guidelines. I began my current position
5 at the Commission in August 2010.
6 Q. PLEASE SUMMARIZE YOUR CURRENT JOB RESPONSIBILITIES.
7 A. I have overall responsibility for managing all aspects of the Staff's activities in
8 regulating the telecommunications and cable TV industries in West Virginia. I and
9 the team I supervise review and make technical recommendations to the Commission
10 on various telecommunications and cable TV issues including tariff filings, formal
11 complaints, general investigations, petitions for authorization to operate in West
12 Virginia, approval of interconnection agreements, mergers and acquisitions, universal
13 service funding, infrastructure spending by the carriers, and E91 1 issues among other
14 things.
15 Q. WHAT IS THE PURPOSE OF YOUR TESTIMONY?
16 A. The purpose of my testimony is to describe how YMAX and magicJack are
17 providing services which 1) provide real-time two-way communications, and 2)
18 permit users generally to receive calls that originate on the public switched telephone
19 network (PSTN) and to terminate calls to the PSTN. I will provide descriptions and
20 diagrams of both interconnected and non-interconnected VoIP systems and explain
21 the differences between them. In addition, I will provide information on how YMAX
22 and magicJack are marketing and selling their services. I will provide information on
23 how YMAX and magicJack offer and provide the capability to the users of their
3 services to make E91 1 calls to Public Safety Answering Points (PSAPs). I will also show how the services provided by YMAX and magicJack, from a functional and practical standpoint, meet the definition of Interconnected VoIP as defined by the
Federal Communications Commission (FCC).
Q. PLEASE EXPLAIN HOW MAGICJACK AND YMAX PROVIDE
SERVICES THAT PROVIDE REAL-TIME TWO-WAY COMMUNICATIONS
AND PERMIT USERS GENERALLY TO RECEIVE CALLS THAT
ORIGINATE ON THE PSTN AND TO TERMINATE CALLS TO THE PSTN.
A. Please refer to Diagram 1 on the following page.
4 ...... I Traditional ...... a...... a. .IC------VolP Telephony ...... a*.. 1. Telephony -+ 4 z Traditional Telephony \ Interconnection Point
...e** ...' *% ...e ...e "c ...e ...e
Cable Modem or User A User B : DSL Router/modem t Traditional Telephony IpsAp] Connection Public Safe!y Answering point
Provided by Custome r L1 Provided by 7 r- High Speed premises4 ILECs andlor ' YMAX or1 Internet Service+ CLECs other CLEC providers mpt.
maaicJack Servina Arranaement for lncomina and Outaoina Calls
I 2 Diagram 1
5 1 Q. PLEASE DESCRIBE DIAGRAM 1.
2 A. Diagram 1 contains three main sections. The middle portion of the diagram shows an
3 overview of the physical components used to provide telephone calls between users. Starting
4 from the right side of the middle section, the diagram shows User A (a traditional telephone
5 set) connected to a magicJack device which is connected to a Personal Computer (PC), and
6 then the PC is connected to a High Speed Internet connection to the Internet. The Internet is
7 represented by a cloud (Internet cloud). In order for a magicJack end user to originate and
8 terminate calls to and from a user connected to the traditional PSTN, there is an
9 interconnection between the Internet and the PSTN. The device that performs that function
10 in this diagram is called a Gateway router. From the Gateway router continuing on to the left
11 of the diagram is a traditional telephone network (the PSTN). The connection or facility
12 between the Gateway router and the PSTN can be a high speed digital time division
13 multiplexed (TDM) connection that can carry many telephone calls. For example, a
14 traditional T1 telephone facility has 24 time division channels and can carry 24 simultaneous
15 calls and a DS3 has 672 time division channels and can carry 672 simultaneous calls. There
16 are much higher speed facilities that are also used. The PSTN is represented by another
17 cloud in this diagram (PSTN cloud) and consists of the traditional switches and interoffice
18 facilities to connect the switches together. I am also showing a PSAP connected to the
19 PSTN. 911 calls are routed to the PSAP by the PSTN. So, when User A wants to call User
20 B, User A picks up their telephone or other device, dials User B’s traditional telephone
21 number and the call is set up between User A and User B over the Internet Protocol (IP)
22 facilities on the right hand side of the diagram and then over the PSTN facilities on the left
23 hand side of the diagram. The two networks (Internet and PSTN) are interconnected at the
6 1 Gateway router. The Gateway router performs the functions necessary to convert the call
2 between traditional telephony protocols and internet protocols.
3 Q. PLEASE EXPLAIN THE TOP LINE OF DIAGRAM 1.
4 A. The line at the top of Diagram 1 simply represents the portions of the networks that are
5 using traditional telephony protocols and the portions of the network that are using Internet
6 Protocols. The facilities from the magicJack device on the right hand side of the diagram
7 through the internet cloud to the gateway router use internet protocols. The facilities from
8 the Gateway Router all the way to User B use traditional telephony protocols. The top line
9 also shows the interconnection point between the two networks and the two protocols.
10 Q. WHAT DOES THE BOTTOM LINE ON THE DIAGRAM REPRESENT?
11 A. The bottom line shows the various providers of the components used to create the
12 networks and provide a communication path between users. As shown on the diagram, the
13 telephone set, the wiring between the telephone set and the magicJack device, the magicJack
14 device, the PC, and the cable modem or DSL modem are customer premises equipment
15 (CPE) and are normally provided by the end user purchasing these components. The High
16 Speed Internet connection, the internet cloud, and Gateway router are normally provided by
17 internet service providers such as cable companies, traditional telephone companies,
18 interexchange carriers, and large nationwide broadband providers which are interconnected
19 to form the Internet. The left hand side of the diagram shows the PSTN which, in general, is
20 provided by incumbent local exchange carriers (ILECs), interexchange carriers (IXCs) that
21 provide long distance service, and Competitive Local Exchange Carriers (CLECs).
22 Q. DO YOU HAVE ANY OTHER COMMENTS ABOUT DIAGRAM l?
7 1 A. Yes. In summary, Diagram 1 shows a generic overview of the components that are used
2 to be able to originate and terminate calls between users that have VoIP type services and
3 users that have traditional telephone services. The diagram excludes the many complicated
4 and complex arrangements between the components and between the providers that makes it
5 possible to provide telephone services and internet services that are available to consumers
6 today. Also, this diagram represents a generic overview. There are other similar
7 arrangements that are likely used (for example, many traditional telephone companies now
8 have softswitches, or P based switches, deployed in the traditional PSTN so that the
9 connection between the Gateway Router and the PSTN could use internet protocols instead
10 of telephony protocols), but the overall functionality is the same. And, as can be seen from
11 the diagram, User A clearly has the ability to have real-time, two-way communications and
12 to generally receive calls that originate on the PSTN and to terminate calls to the PSTN. In
13 addition, you can also see from~~ the diagram that User A requires a broadband connection
14 from the user’s location and requires internet protocol-compatible CPE (in this case the
15 magicJack device and the PC).
16 Q. WHAT IS THE FCC’S DEFINITION OF INTERCONNECTED VOIP SERVICE?
17 A. 47 CFR 8 9.3 defines interconnected VoIP service as a service that:
18 1) Enables real-time, two-way communications;
19 2) Requires a broadband connection from the user’s location;
20 3) Requires Internet protocol-compatible CPE; and
21 4) Permits users generally to receive calls that originate on the PSTN and to terminate calls to
22 the PSTN.
8 1 Q. IN YOUR OPINION, DOES THIS ARRANGEMENT MEET THE FCC’S
2 DEFINITION OF INTERCONNECTED VOIP SERVICE?
3 A. Yes. I am not an attorney, but, from a functional standpoint, this arrangement meets the
4 definition of interconnected VoIP service.
5 Q. DOES A MAGICJACK END USER HAVE THE ABILITY TO DIAL 911 AND
6 REACH A COUNTY PSAP THAT IS CONNECTED TO THE PSTN?
7 A. Yes. If user A properly installed their magicJack device and registered the address where
8 the magicJack device and User A are located, then, if User A dials 91 1, the call will be
9 directed to the appropriate county PSAP. If user A does not properly register their address,
10 then the call may be directed to an incorrect PSAP. magicJack spells this out on their
11 website. Exhibit B contains screenshots from magicJack’s website which describes how 91 1
12 Emergency Service is activated and functions using magicJack.
13 Q. ARE THERE OTHER COMPANIES THAT PROVIDE SIMILAR
14 INTERCONNECTED VOIP SERVICE?
15 A. Yes. One example is Vonage. The service provided by Vonage is very similar to what
16 YMAX and magicJack provide. Diagram 2 on the next page shows the similar arrangement
17 used by Vonage.
9 ...... Traditional ...... a ...... e ...... m...... VolP Telephony ...... k Telephony -+ .I Traditional Telephony Interconnection Point
Vonage Phone Traditional
.*a* ...*a e... ". ,/* e.. ,..* ,..* '3
User B Cable Modem or User A Traditional Telephony DSL Router/modem .~ Connection
Public Safety Answering point
Provided by Customer Provided by L J- High Speed +Premises+ IC--- ILECs and/or ' CLEC ' Internet Service CLECs provfders Eqpt9
Vonaae Servina Arranaement for incomina and Outaoina Calls
1
2 Diagram 2
10 1 Q. PLEASE EXPLAIN THE DIFFERENCES BETWEEN DIAGRAM 1 AND
2 DIAGRAM 2.
3 A. Diagram 2 is a generic overview of how Vonage provides interconnected VoP service.
4 The primary difference between Diagram 1 and Diagram 2 is that Vonage provides a VoP
5 phone adapter that performs the functions that the PC and magicJack device perform in
6 Diagram 1. This CPE device converts between traditional telephony protocols and VoP.
7 With magicJack and YMAX, these functions are performed by the PC and the magicJack
8 device. The other difference is that at the interconnection point, I believe that Vonage uses a
9 third party CLEC as opposed to YMAX and magicJack using their own CLEC (YMAX).
10 The services provided by Vonage and magicJack/YMAX operate the same from a functional
11 standpoint. User A can still call User B and vice versa. User A can call a county PSAP by
12 dialing 91 1 with either provider.
13 Q. IS VONAGE CONSIDERED AN INTERCONNECTED VOIP PROVIDER?
14 A. Yes.
15 Q. DOES VONAGE COLLECT E911 FEES FROM ITS CUSTOMERS AND REMIT
16 THESE FEES TO THE COUNTY PSAPS?
17 A. Yes.
18 Q. DOES VONAGE MEET THE REQUIREMENTS OF W. VA. CODE 9 7-1-3CC
19 FOR VOIP PROVIDERS COLLECTIONS AND REMISSION OF E911 FEES?
20 A. Yes
21 Q. CAN YOU DESCRIBE A NON INTERCONNECTED VOIP PROVIDER?
22 A. Yes. See Diagram 3 on the next page.
11 b-- b-- VolP Telephony 1
Cable Modem or User C DSL Router/modem DSL Router/modem
Customer Provided by Customer SA PremisestinternetHigh Speed Service 1- mpt.Premises+ QPt. providers
Non Interconnected VolP Servina Arranaement for lncomina and Outaoina Calls
1 2 Diagram 3
12 1 Non-interconnected VoIP simply means that VoIP providers are not interconnected with the
2 PSTN. A VoIP end user can only call another VoIP end user. In Diagram 3, User A can call
3 User C because User C is also a VoIP end user. The entire call is handled using internet
4 protocols. Users connected to the PSTN (User B in Diagrams 1 and 2) cannot call non-
5 interconnected VoIP end users and non-interconnected VoIP end users cannot call users
6 connected to the PSTN. And, they cannot currently call county PSAPs.
7 Q. DOES THE FACT THAT YMAX AND MAGICJACK USE A “NOMADIC”
8 DEVICE AT THE CUSTOMER PREMISES MAKE ANY DIFFERENCE IN
9 WHETHER OR NOT YMAX AND MAGICJACK ARE PROVIDING
10 INTERCONNECTED VOIP SERVICE?
11 A. No. You will recall from my testimony on page 8 that the fact that the magicJack device
12 can be moved from location to location does not factor into the definition of VolP service.
13 The interconnection between the PSTN and the internet remains in place no matter where the
14 end user takes the magicJack device. As long as the end user has a broadband connection to
15 the internet and internet protocol-compatible CPE (the magicJack device and the PC), the end
16 user has the ability to call anyone on the PSTN (including wireless users).
17 Q. DOES THE FACT THAT YMAX AND MAGICJACK USE A NOMADIC
18 DEVICE AFFECT THE ABILITY OF THE END USER TO CALL 911?
19 A. In order for the call to be routed to the proper PSAP in the area where the magicJack
20 device and end user are located, the end user must register their address. If they travel to
21 another location and want the capability of reaching the correct PSAP for that area, they must
22 register the alternative address. YMAX and magicJack have built in the capability of
23 registering multiple addresses so that when an end user is at one of these locations, and
13 1 notifies YMAX and magicJack that they are at a specific address, then a call to E9 11 will be
2 routed to the correct PSAP. The fact that the end user can still dial 91 1 and have the call
3 delivered to a PSAP is further indication that the service provided by YMAX and magicJack
4 is an interconnected VoIP service because currently most PSAPs are only connected to the
5 PSTN.
6 Q. SHOULD THE FACT THAT YMAX AND MAGICJACK USE A NOMADIC
7 DEVICE IMPACT THE REMITTANCE OF E911 FEES TO THE APPROPRIATE
8 PSAP AREA?
9 A. No. The YMAX and magicJack end users register their current U.S.address during the
10 registration process. This address can be used for purposes of determining the appropriate
11 PSAP area (the county in West Virginia) to remit E91 1 funds.
12 Q. DO THE STATEMENTS THAT MAGICJACK AND YMAX MAKE IN THEIR
13 APRIL 1,2010 ANSWER TO THE COMPLAINT CONCERNING THE FACT THAT
14 “THERE IS NO INVOICE TO THE CUSTOMER ON WHICH TO INCLUDE A 15 SEPARATE LINE ITEM STATING THE AMOUNT OF THE FEE LEVIED...” AND
16 THAT “THERE ARE NO BILLS RENDERED AT ALL, LET ALONE IN EACH
17 COUNTY IN ORDER TO ACT AS A BILLING AGENT FOR EACH COUNTY.”
18 (MAGICJACK ANSWER, PAGE 3) HAVE MERIT?
19 A. No. I am not an attorney, but I do not believe that how a company is structured,
20 managed, or what their business model is should carry any weight in determining whether or
21 not the company should comply with West Virginia state law. And regardless, they should
22 be able to easily collect E91 1 fees via credit card or other payment method when the
23 magicJack device purchaser goes through the online registration process and when they
14 1 register their address so that they will have the capability of dialing 9 11 and reaching the
2 appropriate PSAP. In West Virginia, this could be as simple as asking the purchaser at the
3 time of registering their address through the online process, to also provide the county in
4 which they are located. Then YMAX and magicJack can apply the appropriate E91 1 fee of
5 that county. For example, if the E91 1 fee for a county is $3.00 a month, then the charge
6 would be $36.00 for a year’s service. Since magicJack users have to purchase a new
7 software license each year to be able to continue to use the service, the E91 1 fee could be
8 charged annually when the user renews their software license. Indeed, YMAX and
9 magicJack appear to already have the capability of charging credit cards “to purchase other
10 services, like prepaid international calling minutes or a renewal of their software license.”
11 (magicJack Answer, page 3). So, creating the ability to also charge a credit card for a county
12 E91 1 fee on an annual basis, first when the user registers the device and their address, and
13 then each year when the software license is renewed, and then remitting those fees to the
14 counties, should be easily doable. In addition, the Commission’s Rules Governing Billing,
15 Collecting, and Remission of E91 I Fees by Providers of Voice over Internet Protocol
16 Service, 150 CSR 32, anticipate varying business models and provide for collection and
17 remission by VoIP providers, third party billing agents, or any other methodology required
18 by a specific business model.
19 Q. IN WEST VIRGINIA, ARE INTERCONNECTED VOIP SERVICE PROVIDERS
20 REQUIRED TO COLLECT AND REMIT E911 FEES?
21 A. Yes. W. Va. Code $7-1-3cc(b) states: “Effective on the first day of July, two thousand
22 six, all county enhanced emergency telephone system fees that are in effect as of the first day
23 of July, two thousand six, and as such may later be modified by action of a county
15 1 commission, shall be imposed upon in-state subscribers to voice over internet protocol
2 (VoIP) service, as VoIP service is defined by the Federal Communications Commission of
3 the United States. A nonbusiness VoIP service subscriber shall be considered in-state if the
4 primary residence of the subscriber is located within West Virginia. A business subscriber
5 shall be considered in-state if the site at which the service is primarily used is located within
6 West Virginia.”
7 Q. DOES MAGICJACK CURRENTLY COLLECT AND REMIT E911 FEES?
8 A. No.
9 Q. YMAX AND MAGICJACK STATE THAT THEY DO NOT MEET THE
10 DEFINITION OF INTERCONNECTED VOIP SERVICE BECAUSE THEY DO NOT
11 PROVIDE A SINGLE SERVICE WITH ALL THE COMPONENTS OF
12 INTERCONNECTED VOIP SERVICE. HOW DO YOU RESPOND?
13 A. In Staff‘s third data request, Staff asked for network diagrams showing how YMAX and
14 magicJack are able to provide the capability to receive calls that originate on the PSTN and
15 to terminate calls to the PSTN. As of the date of this testimony, YMAX and magicJack have
16 not answered this data request. However, YMAX and magicJack advertise and market their
17 services as being able to receive calls that originate on the PSTN and to terminate calls to the
18 PSTN. See Exhibit B which is a series of screenshots from www.magicJack.com website
19 which shows how they are marketing and selling their product. As shown in Exhibit B, in
20 their frequently asked questions portion of their website they state the following:
21 “Your Question” “Does magicJack receive incoming calls as well?’ “Answer” “YES.
22 magicJack is for both outbound and inbound calls. Upon registration, you get to select a
16 1 traditional ten-digit telephone number with magicJack; anyone in the world can call you.”
2 (Emphasis in original).
3 “Your Question” “Does the person I am calling also need to own a magicJack?” “Answer”
4 “NO. magicJack makes and receives telephone calls just like a traditional telephone. The
5 person calling you OR the person you are calling does NOT need a magicJack. The person
6 calling you may use a traditional telephone or cell phone.” (Emphasis in original).
7 “Your Question” “Can I request a specific area code for my new magicJack line?” “Answer”
8 “YES. At the time of registration, you will request an area code. We currently offer a wide
9 selection of area codes nationwide.” (Emphasis in original).
10 It is obvious from YMAX and magicJack’s website that the intention is for the service to
11 include both incoming and outgoing calls. To think otherwise would be like buying a car
12 that only goes forward and not in reverse. Or like buying a car where the seller states that the
13 price of the car includes the capability to go forward and that the seller is throwing in the
14 capability for the car to go in reverse for free, but that this capability is provided by another
15 corporate entity. Also, Staff‘s third data request asked YMAX and magicJack to provide any
16 FCC order or other FCC documentation that states that the combined services provided by
17 YMAX Communications and any subsidiaries, affiliates, or partners, including, and not
18 limited to, magicJack In and magicJack Out, are not interconnected VoIP service. As of the
19 date of this testimony, YMAX and magicJack have not responded to this request.
20 Q. TO THE BEST OF YOUR KNOWLEDGE HAS THE FEDERAL
21 COMMUNUICATIONS COMMISSION ENTERED ANY ORDER SPECIFICALLY
22 FINDING THAT MAGICJACK IS AN INTERCONNECTED VOW SERVICE
23 PROVIDER?
17 1 A. No. Nor have they entered any order specifically finding that magicJack is not an
2 interconnected VoIP provider. However, as Mr. Gregg stated in his testimony, on September
3 23,2010 the FCC issued a Further Notice of Proposed Rulemaking (FNPRM) and Notice of
4 Inquiry (NOI) in the matter of Wireless E911 Locution Accuracy Requirements and in the
5 matter of E91 1 Requirementsfor IP-Enabled Service Providers. In that NOI, the FCC seeks
6 comments on the 91 1 and E91 1 obligations of providers of VoIP service. The comments in
7 this FCC proceeding are due on January 19,2011. I believe it is likely that the FCC at some
8 future time, may modify their rules to clarify 9 11 and E91 1 obligations to include all VoIP
9 providers, interconnected and non-interconnected. However, Mr. Gregg also states in his
10 testimony that “there is no option or election made by a user of Magic Jack to purchase only
11 in-bound or out-bound services or to combine those services.” (Direct Testimony of Billy
12 Jack Gregg, Pages 20 and 21). So, regardless of future FCC action, it appears, from a
13 layman’s perspective and from a functional perspective, that YMAX and magicJack are
14 providing a single service (independent of how they are corporately organized) which
15 satisfies the definition of interconnected VoIP as defined by the FCC and is subject to State
16 requirements to collect and remit E91 1 fees.
17 Q. DOES THIS CONCLUDE YOUR TESTIMONY’?
18 A. Yes.
18 Basic Telephonc Accounting C &, P Telephonc 5 days July, 1979 Dcprccintion Study Proccdtxra ATT/BeLl Systcni IO days September., 1979 Depreciation Accounting C & P Telephone 5 days October, 1979 nc Switching Systems C & P Telephone Hame Study June, 1980 Property and Cost Accouniing C & P Teleplione 5 days August, 1981 Advanced Enginccring Bcononiy Coursc ATTlBell Systcrn IO days Dcccmbcr, I98 1 Introducrion to UNIX Bellcore Did up onIine February, 1986 C Prograniming Overview Bellcore Did up online April. IO86 CUCRTT 4.0 Users' Training Belleore 3 days August, 1987 Principles of Digital Tecltnolugy C 6r P Telephone 3 dttys November. 1987 Nctwck Fundanicntals Bcllcorc IO dilys Jannary. 1988 Iiitcptcd Scrviccs Digital Network/ Bcllcore 4 days January, I988 lnteractive Trailsition Plnnni ng (ISDNIIV) New Tccliirology Coiicepts - Loop Applications Bellcore 4 dilys hprii, 19x8 Network Traffic Coiiccpts Bellcore 5 days Octobcr, 1088 Local Digital Switching BdIcore 5 days November, 1988 DigitaJ Cross-connect Systcms - Fundnn~eimls Bcllcorc 5 days June, 1989 Nationa I Te I ec o mmunic at ions Transpo rt Conference 3 dnys July, I989 Network Planning System - Fundamentals Bcllcorc 5 days February, 1990 tory Record ICccping System Bell Atlantic 2 days April, 1991
1 Atlantic Network Tcclinotogy Update 2 d:iys June, I99 1 3 days Iunc, lWI Digital Switch Corp. 2 days Novcmbcr, 1991 TlKKS Ovcrvicw for Enginccring Bell Atlantic 3 days FcRniary, 1993 National Fibcr Optic Engineering Conf. Bellcore 4 days Junc, 19'33 Future Network View 2 days Noveinher, 1993 Advanced Technology Innovutioe 13 weeks April, 1994 Cable Tclcphony ConTcrcncc TcleStratcgies 2 days November, I994 I-lands on intenietworking \villi RCR Ed. Sctviccs 4 days January. 1995 Basic Access Services Tariffs Bellcorc 3 days February, 1995 LAN FundiWlentals Bell Atlaiilic CBT 2 days 14-Apr-95 WAN Fuiidumenltlls Bell Atlantic CBT 2 days 14-Apr-95 Fast I'iicket T~C~IIO~O~I~S Bell Atlantic CBT 2 d;tys 15-Apr-95 SMUS, MANS, and Fiber Networks Bell Atlantic CBT 2 days 15-hpr-95 X.25 Netwarking Bell Atlantic CBT 2 days 17-Apr-05 Broadbaricb'CATV System Ovenicw National CATV Institute Correspondence I -Jun-95 Bridges, Routcrs, and Gatcways Bell Atlatitic CBT 2 ciays 4-Sep-95 Framc Kclay Bell Atlantic CBT 2 days 1-Sep-95 bitermediare ATM Computer Based Traitiiri ATM Ponini 4 days 27-No.i-95 Nnnnging Projects in Organizations ;It Bell Educutional Serv. lnstitutc 5 days 12-.k1-96 Asynchronous Trrtnsfcr Mode Tclelrilar CBT 2 days 23-May-96 Hcwlctt I~ackhardATM Testing Seminar IlewIetZ Packhard 4 Hours 20-Feh-97 SMDS Overview Bell Atlantic 6 Hours 25-Mar-97 Building Blocks of Switclied Inicrnctworkinp Cisco Systems CDROM 12 I4ours 15-Apr-97 ATM Awareiiess Session Bell hrlnntic Vidcoconf 3,s Hours 23-Apr-97 ATM Computer Based Training Bell Atlantic CBT 2 days 6-May-97 Protocols and Internetworking Bell Atlantic CBT 3 days 27-May-97 ATM Applications Seminar Bell AtlanticRech 2000 2 days 9-0~1-97 ATMlCell Relay Service Seminar Bell Atlantic 112 day 4-Dee-97 Switclied Networks Xylan 112 day 12-Mar-98 gn Documents Bell Atlantic CBT 4 hours 2 1 -Mar48 Competitive Advan. through Technology) Bell Atlaiitic CBT, video. uuriio 10 days Con-rp. 4/10/98
Page 1 of 3 TRAINING COURSES AND SEMINARS ATTENDED Exhibit A
Course Namc
Advanced Networking instniclion Seminar Bell Atlantic 1 day
Building an tntcgralod Video arid Dah Nctwork Saninar Cisco Systems I day 11’1311 999 Lucent FiberRcmch Seminar Lucent - Dennis Yonosli 3 hours 31 18/1999 Packetized Voice Seminar MSM Enterprises, Inc. 3 hours COmQ. 4!27f90 Xetwurk Security MSM Entqsriscs, lac. 3 hours Comp. 427/99 Major Account Planning System (MAPS) Aociivus 2 days Cornp. 5/21/1999 ADSL Awareness Seminar Tech 2 Iday Comp. 12/14/1999 Atcateet ADSL Solutions Alcatel II2 day Comp. 311 412000 Video Distance Learning Symposium Vesizon WV 1 day Comp. 7/25/2000 tP Video Conferencing Seminar Nortel Networks 112 day Comp. 3/22/2001 Cisco Internetwork Design 4: WAN design Cisco (CBT) I day Comp, 5/19/2001 Cisco Designing Networks 1: Internetworking Analysis Cisco (CBT) 1 day Comp. 5/26/2001 International Engineering Dense Wavelength Division Multiplexing Tutorial Consortium (WBT) 2 hours Comp. 812512001 2001 1 - Internetworking Technologies - Part I NetlearnlNetG (CBT) 8 hours Comp. 5/6/2002 20012- tnternetworking Technologies - Part 2 NetIearnlNetG (CBT) 8 hours Comp. 5/24/2002 20333 - Cisco Building Remote Access Networks - 1 NetlearnlNetG (CBT)/Cisco 8 hours Comp. 511 112003 SM22063 - Understanding Digital Subscriber Lines NetlearnlNetG (CBT)TTRA 16 hours Comp. 5/17/2003 Center for Public Utilities - College of Business Practical Skills for the Changing Electric, Gas and Administration and Economics - Telecommunications Industries New Mexico State University 5 days Comp. 10/24/2003 Verizon FTTP: Overview and Strategy NetLearn (CBT) TRA 2 hours Comp. 511 812005 introduction of VolP Technologies NetLearn (CBT) TRA 1 hour Cornp. 5/21/2005 Wireless LANs Netlearn (CBT) 1 hour Cornp. 5/20/2005 IBM Understanding Wireless Solutions Part 1: Wireless Fundamentals and WPANs NelLearn (CBT) IBM 6 hours Cornp. 5/22/2005 Cellular Call Basics Netlearn-TRA (CBT) 1 hour Comp. 6/2/2006 Cellular Access Technologies Netlearn-TRA (CBT) Ihour Cornp. 6/2/2006 FlOS Internet Service Overview Netlearn-Vz 1 hour Cornp. 6/3/2006 FlOS TWVideo Overview Netlearn-Motorola 2 hours Comp. 6/3/2006 ADSL 6asics Netlearn-TRA (CBT) 2 hours Comp. 6/3/2006 ADSL Deployment NetLeam-TRA (CBT) 2 hours Comp, 6/412006 ADSL Higher Layer Protocols NetLearn-TRA (CBT) 2 hours ADSL Overhead NetLearn-TRA (CBT) 1 Hour Comp. 6/4/2006 VolP Industry Overview Netiearn-TRA (C3T) 3 Hours Comp. 5/30/2007 Transport Protocols for VolP Netlearn-TRA (CBT) 2 Hours Comp, 6/1/2007 VolP Call Control: SIP Netlearn-TRA (CBT) 1 Hour Comp. 6/2/2007 trot: H.323 and MEGACO Netlearn-TRA (CBT) 2 Hours Comp. 6.3.2007 VolP Interworking with the PSTN Netlearn-TRA (CBT) 2 Hours Comp. 6.3.2007 Fundamentals of Electromagnetic Energy and Radio Tr Netlearn-TRA (CBT) 1 Hour Comp. 5.24.2008 Cellular Radio Basics Netlearn-TRA (CBT) 1/2 Hour Comp. 5.24.2008 Cellular Evolution from 2G to 3G: A Broad Overview Netlearn-TRA (CBT) 3 Hours Comp. 5.24.2008 4G Communication Systems N etlearn-Skillsoft (CBT) 2 Hours Comp.5.24.2008 4~ Implementations Netlearn-Skillsoft (CBT) 2 xouw Comp.5.26.2008 VolP Signaling and H.323 Call Control Netlearn-Skillsoft (CBT) 3 hours Comp. 6.1 5.2008 CDMA Essentials Overview for 3G Netlearn-TRA (CBT) 2 hours Comp. 6.21.2008 SS7 for Wireless and VolP Netlearn-TRA (CBT) 2 hours Cornp. 6.21,2008 SS7 Basics Netlearn-TRA (CBT) 1 hour Comp. 6.6.2009 Intelligent Network Architectural Overview Netlea m-TRA ( CBT) 1 hour Cornp. 6.6.2009 SS7 Protocols: MTP and ISUP Netlearn-TRA (CBS) 1 hour Comp. 6.6.2009 Is: SSCP and TCAP Netlearn-TRA (CBT) 1 hour Comp. 6.7.2009
Page 2 of 3 TRAINING COURSES AND SEMINARS ATTENDED Exhibit A
Donald P. Wilson
AIN Call Model, Messa 1.5 hours Comp. 6.7.2009 Alternative IN Models: 1.5 hours Cornp. 6.7.2009 Legal, Regulations, Cornplaince, and Investigations Netlearn-Skillsoft (CBT) 2 hours Cornp. 5.30.2009 Telephone Access Loops and fmpairments Netlearn-TRA (CBT) 1 hour Cornp, 6.6.2009 OSP I&R: Bonding and Grounding Netlearn-TRA (CBT) Ihour Comp. 6.6.2009 Alternate Access Technologies Netlearn-TRA (CBT) 0.5 hour Comp. 6.8.2009 Fiber to the Premises - Verizon Nettearn-TRA (CBT) 1 hour Cornp, 6.9.2009 OSP I&R: Meters Netlearn-TRA (CBT) 4.5 hours Cornp. 6.13.2009 Web Development Fundamentals Netlearn-Skillsoft (CBT) 4 hours Cornp. 6.17.2009 Understanding MPLS (Muttiprotocol Label Switching) Netlearn-TRA (CBT) 1 hour Cornp. 5.23.2010 Ethernet over MPLS Netlearn-TRA (CBT) I hour Cornp. 5.23.2010 MPLS Architecture and Concepts Netlearn-TRA (CBT) 1 hour Comp. 5.23.2010 OSP I&R: Drop Installation Netlearn (CBT) 1 hour Comp. 5.31.2010 OW I&R: Network Interface Installation Netlearn (CBT) 1 hour Cornp. 5.31.2010 ices and Network Architecture 4 hours Comp. 5.31.201 0 and QoS 1 hour Comp. 5.31.201 0 ecture and Evolution 4 hours Comp. 6.6.2010
Page 3 of 3 . Self-Servicc Support rage 1 of 1
Your Question Category: l&> Does n-iagicJxk receive incoining calls as well? u
Answer
YES. magicJack is for both outbound and inbound calls.
Upon registration, you get to select a traditional ten-digit telephone number with magicJack; anyone in the world can call you. Category: &,
NO. magicJack makes and receives telephone calls just like a traditional telephone.
The person calling you OR the person you are ailing does NQT need a magicJack. The parson calling you may u5e a traditional telephone or cell phone. . . . , . . . ._ ... ”...... - ...... , _...... _. j ...... _.,... _. ,., , .~.,
Can I rcqiiclst a specific area code for my riew magicJack lirw?
Answer
YES. At the time of registration, you will request an area code.
We currentty offera wide selection of area codes nationwide.
For area codes currently available, CLICK WERE
Area Code Not Available? If your area code is no&listed when you select a number, please sslect any other number. You will be able to change to your lml area code once it becomes available.
Want 40 Change Your Telephone Number? To change your magicJack number CLICK WERE Once you have clicked the link, insert your email address and your password, scroll down to the bottom of the page, and change your number. Self-Service Support Page 1 of I
~~~~ ~u~s~ion 91 1 Erncrgency Service Location Address
Ariswcr
91 1 Emeraencv Services are for United States addresses ONLY,
We validate each of the civic or physical location that has been entered.
You will notice your physical location address on the Softphone on your computer.
A color coded symbol will identify the status of your physical location:
l3i.3: We can NOT identify your physical location. Click on the red light in htto://mv.manicJack.com to fix the information.
BLACK: Any black location shown is a non-US location. If a non-U§ location is selected, no services will respond if you dial 91 1. You don’t need to change these; they are shown for your information.
We can no? immediately identify your physical location. Verification may take a few days.
~~~~~~:Your physical location address is VERIFIED.
To view or select your current location or to entar a new location, use the softphone display on your computer to select your current physical location.
We recammend that you always keep your 911 Emergency Address up-to-date.
...... Self-Sersico Support Page 1 of2
911 Emeraencv Services are for United States addresses ONLY.
91 1 Emergency Services requires activation. We recommend that you activate 91 1 Emergency Service at the time of registration.
1. Register your current US. address during the registration process.
2. Make sure that your address information is always complete, up-to-date and accurate, (If you travel, you must update your 91 1 service address.)
3. Wait for a confirmation emaii from magicJack that your 91 1 service address is registered.
e Our 91 1 Emergency Service is different than 91 1 service offered on traditional phone lines. maaicJack mav not work durina a Dower or internet outaae. a Only use 91 1 in case of an actual emergency.
Dialing 9-1-1 :
1. REQUIRES prior activation on your part, You must register your current service address and update your registered address if you use your magicJack from another location.
2. WILL NOT function during a broadband or power disruptionloutage.
3. WILL NOT function if the magidack is damaged or disabled.
4. subject to the limitations of the 91 1 emergency response system where your registered address is located.
You should maintain an alternate means of dialing 91 1 and make sure other users of your magicJack know this. Scl 1-S;crvicc Support Page 1 or 1
Does 91.1 Emergency Service work with inagiclack?
Answer
YES! 91 1 Emergency Services works with magicJack.
In an emergency, Dial 9-1 -1.
l.ir7TF. magicJack may not work during a power or internet outage.
Dialing 9-1-7 :
1. REQUIRES prior activation on your part. You must register your current service address and update your registered address if you use your magicJack from another location.
2. WILL NOT function during a broadband or power disruption/outage.
3. WILL NOT function if the magicJack is damaged or disabled.
4. subject to !tie limitations of the 91 1 emergency response system where your registered address is located.
You should maintain an alternate means of dialing 911 and make sure other users of your magicJack know this.
. .. ./ I . .. , A~~~~~
Please reed end review the following information carefully:
91 1 Emeraencv Services are for United States addresses ONLY.
The Federal Communications Commission (i IFCC) recently adopted an ENHANCED 91 1 (E91 1) VolP Order that requires some service providers, to inform their customers of any differences between the E91 1 access capabilities available with their service as compared to the E91 1 access capability available with ~~a~~~i~~altelephone service. magicJack. LP ('magicJack') is not obligated to provide E91 1 service under the recently adapted FCC E911 VolP Order, but it has chosen to voluntarily offer E91 1 service where available. There are important differences between magicJack's E91 1 service and E911 access capabilities of traditional telephone service. It is important that you understand how these differences affect your ability to access E911 services. For example, in certain circumstances, you may not be able to contact emergency services by dialing 9-1-1 using the "magiclack" device and must inform your "magidach"' device users of this.
We ask that you carefully read this E911 Disclosure and follow our advice and instructions strictly for your safety's sake.
The FCC's E91 1 VolP decision also requires some service providers to obtain and keep a record on file showing that you have received and understood this E911 Disclosure. magicJack respectfully requests your assistance in our voluntarily E911 service offering by checking the applicable box on the "registration screen."
Yoti may obtain a copy of the FCC regulation and accompanying E911 VolP decision in Docket No. 05- 196 at the following link htfr,://www.fcc.aov/cablvoiD91 lorderadf.
LIMITATIONS ON ACCESS TO E91 1 SERVICES:
1) You should consider maintaining an alternate means of contacting E911 services. The magicJack E91 1 service differs from traditional E91 1 service. You understand and acknowledge that you should consider having an alternate means of contacting E911 services and inform your magicJack" device users of this.
1 1. 2) magicJack emergency services may not operate during a power outage. You understand and acknowledge that you may not be able to use your magicjack* device to contact E91 1 services if your power is disrupted. Once power service is restored, you may be required to reset or reconfigure your Internet service before you will be able to use it to contact E91 1 setvices. You are responsible for providing an uninterruptible backup power supply to ensure continued operation of electrical equipment, including customer premises equipment necessary to provide tntemet service, in the event of a power outage.
3) magicJack E91 1 services will not operate if your broadband connection is disrupted. You understand and acknowledge that you will not be able to use your magicJack" device to contact E91 1 services if your broadband connection is disrupted. Once your broadband connection has been restored, you may be required to reset or reconfigure your Internet equipment before you will be able to use the magicJack" device to contact E91 1 services.
4) magicjack E91 1 services will not operate unless you register your correct service address with magicjack. You understand and acknowledge that you must provide magidack with your correct service address in order for E91 1 services to work. If you notice that the location information identified in your 91 1 registration section of the magicJack menu is inaccurate, you can correct your service address by going to the magicJack menu and selecting E91 1.
5) magicjack E91 1 services will not operate correctly if you disable, damage or move the magicJack" device to another location. If you disable, damage or move the magicJack" device to a tocation other than the service address you provided when it was registered, it will not function. If you wish to move to a new address, go to the magidack menu and seiect the E91 1 option.
6)magicJack E91 1 service will not operate outside of the United States and Canada.
7) magicJack is only able to provide E91 1 service in cities and towns where the local Public Safety Answering Point, or PSAP, is technically capable of receiving your address information with your E911 call. If the PSAP that serves your area is not equipped to receive your magicJack registered address, you will need to provide the 91 1 operator with your address information orally.
We want to make sure we have given you the tools to keep you, your families and your coworkers safe each fime you dial 91 1. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON
Case No. 10-0383-T-C Emergency Operations Center of Kanawha County V. YMAX Communications Corp. and MagicJack, LP
CERTIFICATE OF SERVICE
I, C. TERRY OWEN, Staff Counsel for the Public Service Commission of West
Virginia, hereby certifL that I have served copies of the foregoing Direct Testimony of
Donald P. Wilson upon all parties of record by First Class United States Mail, postage prepaid this 14th day of January, 20 1 1.
Jared M. Tully, Esq. Marc Weintraub, Esq. Frost Brown Todd LLC Bailey & Glasser, LLP Counsel, Emergency Operations Center of Counsel, YMAX Communications Kanawha County Corporation and Magic Jack, LP Laidley Tower, Suite 40 1 209 Capitol Street 500 Lee Street East Charleston, WV 25301 Charleston, WV 25301-21 17 Richard M. Firestone, Esq. E. Dandridge McDonald, Esq. Todd M. Counsel, Y MAX Communications Swanson, Esq. Corporation and Magic Jack, LP Counsel, YMAX Communications 555 Twelfth Street, NW Corporation and Magic Jack, LP Washington, DC 20004- 1206 Steptoe & Johnson PLLC PO Box 1588 Charleston, WV 25326-1588
c. TE~YOWEN West Virginia State Bar I.D. No. 2793