On March 20, 2025, the FCC released a series of orders eliminating several unnecessary rules to enable carriers to more easily retire their antiquated copper networks and replace these networks with modern broadband. As FCC Chairman Brendan Carr notes,
Outdated FCC rules have left Americans sitting in the slow lane for far too long. Those FCC rules have forced providers to pour resources into maintaining aging and expensive copper line networks instead of investing in the modern, high-speed infrastructure that Americans want and deserve. We are doing something about that today. We are streamlining the process for retiring decades-old copper networks so that providers can transition consumers and their resources to new, high-speed networks on a faster timeline. We do so by clearing some of the regulatory underbrush that needlessly delays the retirement of those copper networks. (FCC Public Notice, released March 20, 2025.)
Specifically, here is what the Commission intends to do:
In an Order On Clarification in Docket 13-5, the FCC clarifies the testing requirements for technology transition discontinuance applications filed under section 214(a) of the Telecommunications Act. Previously, all carriers discontinuing TDM copper voice services and replacing them with a new service such as broadband had to pass the Adequate Replacement Test by satisfying three requirements: (1) demonstrate that an adequate replacement for their voice service exists by either certifying or showing, based on the totality of the circumstances, that one or more replacement service(s) offers substantially similar levels of network infrastructure and service quality; (2) show the replacement service complies with regulations regarding the availability and functionality of 911 service for consumers and public safety answering points; and (3) offers interoperability with key applications and functionalities. Now the agency clarifies that a technology transition discontinuance applicant that elects to show that a replacement service has substantially similar network performance and availability as the service being discontinued need not conduct the performance testing. However, the tests are still required for carriers that certify but do not show that the new service complies with the regulations.
Next, the FCC waives for a period of two years (in Docket 17-84) all filing requirements with the Commission that are imposed by the network change disclosure rules. Currently, the rules require that an incumbent LEC provide public notice regarding any network change that (1) will affect a competing service provider’s performance or ability to provide service; (2) will affect the incumbent LEC’s interoperability with other service providers; or (3) will result in a copper retirement. Under the waiver, an incumbent LEC may make changes to its network, including switching from copper facilities to fiber or other next generation facilities, without the need to receive prior Commission authorization so long as it provides public notice.
In Docket 17-84, the agency gives permission for carriers to grandfather a legacy service while waiving the associated requirement to file an application with the Commission under its discontinuance rules.
Finally, in Docket 13-5, in response to a petition from USTelecom, the FCC adopts a waiver that allows providers to retire copper networks, not only in cases where replacement voice services are available on a stand-alone basis, but in cases where those services are available on a bundled basis.
The Commission notes that in taking these actions, it is keeping all consumer protections in place, 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.
All the Orders discussed above are effective immediately.
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