FCC Tech Transition Order Details Fast-Track Discontinuance Test, Other Actions

or wireless services can get fast-track treatment if they meet an optional three-pronged test on replacement service adequacy, said the order, which noted a previous proposal for using eight criteria drew concerns. "This straightforward, streamlined approach will promote clarity, certainty, and efficiency. The test encapsulates the important criteria identified in the Emerging Wireline Further Notice, but categorizes them conceptually," the order said. An applicant seeking tech transition discontinuance "may demonstrate that a service is an adequate replacement for a legacy voice service by certifying or showing that one or more replacement service(s) offers all of the following: (i) substantially similar levels of network infrastructure and service quality as the applicant service; (ii) compliance with existing federal and/or industry standards required to ensure that critical applications such as 911, network security, and applications for individuals with disabilities remain available; and (iii) interoperability and compatibility with an enumerated list of applications and functionalities determined to be key to consumers and competitors. One replacement service must satisfy all the criteria to retain eligibility for automatic grant." Fast-track applicants can also show "that, despite not being able to meet the criteria, the totality of the circumstances demonstrates that an adequate replacement nonetheless exists," said the order, which fleshed out specifics of the test over 50 pages of text and rules. Parties still can obtain discontinuance approval under a previous five-factor test. The order also detailed the FCC decision to grant USTelecom's petition for nondominant treatment of ILEC interstate switched access services connecting local callers to long-distance networks. ILECs can now file new tariffs for such services on one day's notice, but to receive deemed-lawful treatment, must give seven days' notice for proposing only a rate decrease and 15 days' notice for all other filings, said the order. The commission expects most associated ILEC filings will continue to be filed on seven or 15-days’ notice. ILECs will be subject to fewer cost-support filing requirements, but are still subject to such duties not tied to nondominant status for interstate switched access service, the order said. They are also still subject to a 2011 order driving intercarrier-compensation rates to zero.