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Copper’s Retirement Plan

The Federal Communications Commission (FCC) recently adopted rules that require providers to directly notify consumers of plans to retire copper networks at least 3 months in advance. The ruling also increases the notice period for non-residential retail customers and interconnecting carriers from 3 months to at least 6 months.

According to a press release by the FCC, carriers will retain the flexibility to retire their copper networks in favor of fiber without prior Commission approval — as long as no service is discontinued, reduced, or impaired. When carriers plan to discontinue, reduce, or impair service, Section 214 of the Communications Act requires that they first receive FCC approval.

In a Further Notice, the Commission tentatively concluded that both consumers and industry would be served by clarifying these standards, and seeks comment on criteria, which include:
• Support for 911 services and call centers
• Network capacity and reliability
• Quality of both voice service and Internet access
• Interoperability with devices and services, such as alarm services and medical monitoring
• Access for people with disabilities, including compatibility with assistive technologies
• Network security in any IP-supported network that is comparable to the legacy network
• Coverage throughout the service area, either by the substitute network or via service from other provider
• Plan for outreach to affected consumers

Finally, the Commission addressed instances in which competitive providers combine their own facilities with the Last Mile services of incumbent providers to reach small- and medium-sized businesses and institutions, including schools, libraries, health care facilities, and government offices. As incumbent carriers prepare to stop offering some of these services, competitive carriers and the customers that depend on them face uncertainty.

To preserve competition that exists in the marketplace today, the rules adopted require that replacement services be offered to competitive providers at rates, terms, and conditions that are reasonably comparable to those of the legacy services. This is an interim measure, pending the completion of the FCC’s special access proceeding which is examining these issues more broadly. The item also clarifies that a carrier that plans to discontinue a service that has only carrier customers must still follow the statutory process for discontinuance if the action would negatively impact retail users served by those carrier customers.

For more information, please visit: https://www.fcc.gov/document/fcc-updates-rules-spur-technology-transitio….

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