As previously discussed on this site, in the past year the FCC has taken steps intended to accelerate the transition from aging copper lines to modern network infrastructure. In this regard, last year the FCC addressed the rules related to its network change disclosure requirements and the Section 214 discontinuance process.
In March, 2025, the Wireline Competition Bureau (WCB) issued four Orders (see ICORE Blog dated 3/30/25) intended to help ensure that providers can upgrade their networks to high-speed networks on a faster timeline. The Orders clarified that providers may follow streamlined procedures more frequently when applying to retire copper facilities and adopted a waiver (for a period of two years) of the Notice requirements imposed by the network change disclosure rules in cases where they provide no demonstrable benefit. Further, authority was granted to grandfather legacy voice or data services and the requirement to file a Section 214 application in that scenario was waived. In addition, the WCB granted a USTA Petition (for a period of two years) which allows providers to retire copper facilities not only when replacement services are available on a stand-alone basis but also when services are available on a bundled basis subject to the FCC’s pricing protections.
In July, 2025, the Commission adopted a NPRM (see ICORE Blog dated 8/7/25) which proposed steps to accelerate the transition to modern high-speed networks while safeguarding consumers’ access to emergency services such as 911. The NPRM builds on the steps taken by the FCC in March, 2025 and proposes and seeks comment on further revisions to the Commission’s network change disclosure rules and Section 214(a) discontinuance processes to eliminate regulatory barriers and related costs. The NPRM proposes to permanently codify the two year waivers discussed above and seeks comment on eliminating all filing requirements in the Commission’s network change disclosure rules and seeks comment on the alternative of forbearing from these requirements. In addition, the NPRM proposes to simplify the process for technology transitions discontinuance applications and further proposes to eliminate the requirement that a carrier seeking to grandfather a legacy service provisioned over copper lines file a Section 214 (a) application and seeks comment on extending that relief to all situations in which a carrier intends to grandfather any service. The NPRM also seeks comment on forbearing from the requirement that domestic carriers notify the relevant state Governor and the U.S. Secretary of Defense when seeking to discontinue a service and also proposes to eliminate various other obsolete or redundant discontinuance rules.
We’ve reviewed the comments filed in the NPRM by advocates for the ILEC industry and the comments are supportive of the Commission’s proposals. The comments filed by WTA – Advocates for Rural Broadband (WTA) support the NPRM’s proposal to codify waiver of the Notice requirement related to network changes and suggests that posting the information on the service provider’s website and providing notice directly to any interconnected local exchange providers should suffice. WTA further supports the NPRM proposals to apply streamline procedures to the service discontinuance process and further supports action by the Commission to forbear from applying Section 214 discontinuance requirements. Finally, WTA agrees with the NPRM proposals to eliminate other unnecessary requirements that needlessly slow network upgrades, including those with respect to grandfathered services and the requirement to notify the Governor of service discontinuances.
USTelecom’s comments also strongly support the Commission’s proposals. USTelecom supports the proposals to further streamline the Section 214 discontinuance process by eliminating the application process in instances where alternative voice services are available to legacy voice service customers but also suggests that the customer notice requirement be retained in order to maintain protections for consumers. USTelecom further suggests that there are two particular state requirements that interfere with the Commission’s goals relative to network modernization: (1) state carrier of last resort obligations (COLR); and (2) state refusals to promptly process applications to relinquish eligible telecommunications carrier (ETC) status. In this regard USTelecom suggests the Commission should declare that federal law preempts state COLR obligations where the conditions for discontinuance are met. In addition, USTelecom urges the Commission to adopt a rule clarifying the criteria to be applied by states when addressing a carrier’s application to relinquish ETC status. Finally, USTelecom supports the NPRM’s proposals regarding grandfathering of legacy services, codifying the waiver of network change disclosure filing requirements, and forbearing or eliminating several other outdated Section 214 requirements.
NTCA, in its comments, supports the Commission’s proposals to eliminate unnecessary regulatory barriers that impede network modernization but cautions the Commission to distinguish between reforms that will remove burdensome and unnecessary red tape and changes that could inadvertently harm rural consumers or frustrate the mission of universal service. NTCA recommends that the Commission should eliminate the public notice filing provisions of its network disclosure rules given that they have outlived their purpose. In addition, NTCA proposes that network technology transitions that do not alter rates, terms, and conditions of a customer’s service, should not be subject to burdensome discontinuance requirements. NTCA also proposes that the Commission should assess meaningful competitive alternatives or substitute services and clearly define “facilities-based” alternatives. Finally, urges the Commission to initiate a formal investigation into what measures are necessary to encourage a transition to IP interconnection for the exchange of traffic across all-IP networks.
In recent weeks, USTelecom has had ex parte discussions with the FCC regarding the NPRM discussed above. In these discussions USTelecom reiterated their support for the Commission’s efforts and its comments to the NPRM in particular regarding state COLR obligations and the need to ensure that there are no adverse impacts to public safety due to the transition from copper-based networks to next-generation networks.
As of this writing, the Commission has taken no further action relative to the NPRM and the Comments and Reply Comments that have been filed. We will continue to monitor developments regarding this issue and will provide updates as more information becomes available.
