Wireline Bureau Issues 4 Orders Streamlining Transition From Copper

Carriers praised the move. “Doing this will help accelerate investment in future networks” and “foster more streamlined processes to scale the transition as we modernize communications infrastructure across the country,” said Rhonda Johnson, AT&T's executive vice president-federal regulatory relations.

Carr said in Thursday’s release that this was only an “initial set of actions” on technology transition. “There is much more work ahead for the FCC, and our goal through additional actions is to ultimately free up billions of dollars for new networks that otherwise would have been diverted into costly and outdated copper lines.” The FCC is keeping in place consumer protections related to the transition, “including requiring interoperability and guarding against price hikes by ensuring that consumers transitioning to new networks get access to services at similar or lower price points,” the release said.

The Communications Workers of America and Public Knowledge, groups that have been vocal about consumer concerns related to the transition, didn’t comment. Neither did FCC Commissioners Geoffrey Starks and Anna Gomez.

The orders are consistent with Carr’s call for deregulation and doing away with unnecessary commission processes outlined in the “In Re: Delete Delete Delete” proceeding, said Wiley wireline attorney Bennett Ross in an interview (see 2503140049). Carriers are in favor of FCC action that speeds the technology transition, he said.

One of Thursday’s orders grants a USTelecom petition requesting a waiver of requirements that carriers looking to discontinue a legacy voice service offer a stand-alone alternative. “A service is ‘stand-alone’ if a customer is ‘not required to purchase a separate broadband service to access the voice service,’” the order said. It also relaxes requirements on replacement services to allow bundled services to satisfy them. Both actions are temporary and will last for two years, it said. “This relief will broaden the ability of applicants to qualify for streamlined treatment under the Commission’s rules,” the order said. “We remind carriers that our streamlined processing rules require carriers to notify their customers of their applications to discontinue service and provide information regarding replacement service options.” The release added, “The FCC’s pro-consumer pricing protections will remain in place.”

A second order waives the filing requirements for network changes for two years. It also eliminates the associated Wireline Bureau public notice process in the case of short-term network changes and copper retirements, along with the objection process for interconnected service providers. “Over the past two years alone, the Commission has received and processed more than 400 network change disclosure filings,” and “not once has the Commission received a comment in opposition to the planned network change in response to the hundreds of public notices released by the Bureau,” the order said. “This waiver is consistent with the Commission’s goal of eliminating unnecessary and burdensome regulations that divert carrier resources from the goal of expediting the transition of the nation’s aging legacy networks to next-generation networks.”

An order on clarification Thursday said carriers seeking to discontinue legacy networks that make a showing “based on the totality of the circumstances” that a replacement service has substantially similar network performance and availability as the discontinued one don’t also have to conduct performance testing. The clarification “will enable providers to use streamlined procedures more often when they apply to discontinue copper lines,” the release said. The procedures required to demonstrate the viability of a replacement service have long been so onerous that carriers avoided the process, Ross told us.

The fourth order allows carriers to stop offering their legacy voice and data services to new customers -- called grandfathering -- without filing discontinuance applications.

USTelecom supported the FCC's move. “Broadband providers appreciate Chairman Carr’s laser focus on cutting through red tape and outdated mindsets to accelerate the work of connecting all Americans,” Jonathan Spalter, the USTelecom president, said in an emailed statement. “These are common-sense changes that will help turbocharge investment in advanced broadband infrastructure, sustain and grow a skilled broadband workforce, bring countless new choices and services to more families and communities, and fuel our innovation economy.” The orders “reflect a thoughtful and balanced approach to these issues, and we appreciate the commission’s efforts.”