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FCC Updates Rules to Spur Technology Transitions, Protect Consumers

06/08/2015

Media Contact:

Mark Wigfield, (202) 418-0253

mark.wigfield@fcc.gov

For Immediate Release

FCC Modernizes Rules to Encourage Technology Transitions, Protect Consumers and

Competition

Washington, D.C. (August 6, 2015) - The Federal Communications Commission today took steps

to encourage the ongoing transition to next-generation communications networks by giving

consumers a larger voice in the process, giving providers the certainty they need to invest, and

protecting competition.

The item adopted today for the first time requires providers to directly notify retail customers -

including consumers and businesses - of plans to retire copper networks at least three months in

advance. To protect competition, the new rules increase the notice period for interconnecting

carriers from three months to at least six months. This requirement covers all parts of the copper

network essential for providing service.

However, 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. However, the FCC has never codified the

criteria used to evaluate and compare replacement and legacy services. In a Further Notice, the

Commission tentatively concludes 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 addresses 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 today 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.

Action by the Commission, August 6, 2015, by Report and Order, Order on Reconsideration, and

Further Notice of Proposed Rulemaking (FCC 15-97). Chairman Wheeler, Commissioners

Clyburn and Rosenworcel approving. Commissioners Pai and O'Rielly dissenting. Chairman

Wheeler, Commissioners Clyburn, Rosenworcel, Pai and O'Rielly issuing statements.

Docket #: 13-5

###

Office of Media Relations: (202) 418-0500

TTY: (888) 835-5322

Twitter: @FCC

www.fcc.gov/office-media-relations

This is an unofficial announcement of Commission action. Release of the full text of a Commission order

constitutes official action. See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).
LINK: http://www.fcc.gov/document/fcc-updates-rules-spur-technology-transiti...
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