Pole Attachment / Delete, Delete, Delete / Slamming / Cramming / Truth in Billing

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In the last edition of the ICORE Blog, we reported on steps taken by the FCC at its 7/24/25 Open Public Meeting related to the Commission’s Pole Attachment Rules. The following provides a summary of other important actions taken by the Commission at the July Open Meeting:

  • The Commission adopted a Notice of Proposed Rulemaking (NPRM) seeking comment on proposed steps to accelerate the transition from aging copper line networks to modern high-speed networks, while safeguarding consumers’ access to emergency services such as 911. This item builds on actions taken by the FCC in March 2025 addressing the transition to high-speed networks (see ICORE Blog dated 3/30/25). The NPRM proposes steps to reduce regulatory barriers that prevent much needed investment in and deployment of broadband and thus hinder the transition to all-IP networks. The NPRM specifically proposes:

* Eliminating all filing requirements in the FCC’s network change rules or alternatively forbearing from all network change disclosure requirements.

* Simplifying the Section 214 discontinuance applications process by replacing the existing rules applicable to such actions with one consolidated rule.

* The NPRM also proposes several other specific changes to Section 214 including the forbearance from the application of certain rules and/or the elimination of certain existing Section 214 requirements.

* Comment is sought regarding forbearance from or elimination of the network change requirements in Section 251(c)(5) relative to Commission filings and Public Notices.

  •  In keeping with its Delete, Delete, Delete agenda, the FCC adopted a Direct Final Rule (DRF) that repeals rule provisions identified from throughout the Agency that are deemed to plainly no longer serve the public interest. The rules in question govern obsolete technology, outdated marketplace conditions, expired deadlines, or repealed legal obligations. The rules repealed include regulations related to telephone booths, telegraph services, and rabbit-ear broadcast receivers. The DRF repeals 11 outdated rule provisions covering 39 regulatory requirements.

The DRF approach permits the elimination of rules without the notice and comment typically required under the Administrative Procedure Act (APA). The FCC explains in the DRF Order that the APA allows the Commission to forgo the notice and comment process where the rules in question are inconsequential or insignificant to the public, however the FCC did not completely eliminate the opportunity for comment. The rule changes are adopted without prior notice and comment and will be published in the Federal Register. During the first 10 days after publication comments may be filed. If no significant comments are filed the rule changes will become effective 60 days after publication in the Federal Register.

  • The FCC issued a Notice of Proposed Rulemaking seeking comment on proposals to streamline its rules related to slamming, cramming, and Truth-in-Billing. These rules ensure that consumers receive service from the telephone provider of their choice and their bills are easy to understand and contain only charges they authorize. The NPRM cites the extensive changes that have occurred in the telecommunications marketplace over several decades and opines that the existing rules are now outdated and may stifle innovation without providing added consumer protection. The NPRM seeks comment on whether slamming, billing comprehension, and cramming remain a consumer problem and if so, comment is sought on modernizing and simplifying the rules while preserving consumer protections. Further, the NPRM proposes consolidating the rules into a single rule section. Comments and Reply Comments are due 30 days and 60 days respectively after publication in the Federal Register.

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