The FCC has adopted new rules that will require incumbent local exchange carriers (ILECs) to provide notice to their retail customers – including utilities and other critical infrastructure industry entities – prior to retiring their copper networks. The new rules will become effective 30 days after Federal Register publication, except for certain information collection requirements that require approval by the Office of Management and Budget.
The FCC also seeks comment on various issues relating to the Internet Protocol (IP)-transition and how it affects customers. Comments are due 30 days after Federal Register publication, with reply comments due 60 days after Federal Register publication.
Report and Order
In order to ensure that utilities and other retail customers have accurate information about the consequences of the retirement of legacy copper facilities, the FCC has adopted the following rules:
- An ILEC must provide notice of planned copper retirements via e-mail or postal mail to all retail customers that are within the affected service area if the copper retirement will result in the retirement of copper loops to the customer’s premises.
- The ILEC’s notice must be provided at least 180 days in advance of the planned copper retirement for non-residential customers (e.g., utilities and other enterprise customers) and 90 days for residential customers.
- The notice provided to retail customers must be “clear and conspicuous,” which means it must be disclosed such that it is readily noticeable, readable, and understandable. It must provide sufficient information to enable the retail customer to make an informed decision as to whether to continue subscribing to the service to be affected by the planned network changes.
- For purposes of this notice requirement, the retirement of copper is defined to include (1) the removal or disabling of copper loops, subloops, or the feeder portion of such loops or subloops; (2) the replacement of such loops with fiber-to-the-home loops or fiber-to-the-curb loops; or (3) the failure to maintain such copper loops, subloops, or the feeder portion of such loops or subloops that is the equivalent of removing or disabling them.
- An ILEC will not need to obtain approval from the FCC to retire its copper networks unless the change in facilities results in a discontinuance, reduction, or impairment of service. If the latter will occur, the carrier must file an application with the FCC under Section 214 of the Communications Act to obtain approval.
- On an interim basis, if an ILEC receives authority from the FCC to discontinue, reduce, or impair a TDM service and if the ILEC offers an IP service in the same geographic market as the TDM service following the discontinuance, reduction, or impairment of such TDM service, the ILEC will be required to offer CLECs reasonably comparable wholesale access on reasonably comparable rates, terms and conditions.
Further Notice of Proposed Rulemaking
The FCC also seeks comment on various issues relating to the IP-transition and how it affects customers, including:
- The FCC proposes that a carrier seeking to discontinue an existing retail service in favor of a retail service based on newer technology must demonstrate that any substitute service offered by the carrier or alternate services from other providers in the affected service area meets certain criteria regarding: (1) network capacity and reliability; (2) service quality; (3) device and service interoperability; (4) service for individuals with disability; (5) PSAP and 9-1-1- service; (6) cybersecurity; (7) service functionality; and (8) coverage.
- Whether to adopt an exemption for rural LECs for any of the criteria above that the FCC may adopt.
- Whether to make any changes to the Section 214 discontinuance process, such as requiring an ILEC to provide advance notice directly to its customers before filing an application with the FCC.
