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FCC reaches deregulation compromise to hasten IP transition

The Federal Communications Commission (FCC) unanimously adopted what Chairman Brendan Carr called “a good old-fashioned, bipartisan, collaborative compromise,” streamlining the retirement of aging copper networks and replacing them with Internet Protocol (IP) networks. At the same time, the action preserves public safety provisions backed by Commissioner Anna Gomez.

“The transition from legacy copper to IP-based services is not a uniform experience. Those who are most affected are often in rural, remote, tribal and low-income communities, where alternatives are least mature and the consequences of a gap in service are most severe,” said Gomez, claiming that the FCC’s Report and Order strikes a balance between pushing the IP transition forward and preserving 911 service for all Americans.

The order’s chief effect is to eliminate several filing requirements in the copper retirement process. It consolidates various technology-transition rules connected to copper replacement to a single rule. The order also eases rules affecting “emergency discontinuance,” which kick in after copper theft incidents.

“Today’s item also sends a clear signal [that] bad actors can’t use outdated state and local requirements to undermine the federal policies the FCC codifies today,” Carr said during the FCC’s Thursday open-agenda meeting. “Requirements that will leave communities stuck on aging copper will be preempted so that Americans in every community benefit from new investment in next-gen networks.”

At the same time, the rule, said Wireline Competition Bureau attorney Marie Bordelon, maintains “clear requirements for … the exchange of traffic to ensure seamless 911 connectivity.”

Leading up to the FCC order, telephone companies and industry associations have praised the IP transition plan. “This clears a path for greater investment and improved customer experiences,” said AT&T Executive VP Federal Regulatory Relations Rhonda Johnson in a March 5 statement.

Updated rules “reflect reality, accelerating America’s transition from outdated copper infrastructure to the modern, high-speed networks consumers consistently choose and rely on,” said USTelecom President and CEO Jonathan Spalter.

However, Harold Feld, senior VP for internet policy activist group Public Knowledge, released a statement opposing the order following the FCC meeting.

“Today’s order puts people at risk. It allows phone companies to cut corners in the name of upgrading our nation. We appreciate the FCC’s adoption of safeguards to address these concerns, but we fear these do not go nearly far enough,” said Feld, who predicted prices will rise and quality will fall for rural consumers.

In reaction, Gomez said in a post-meeting press conference that the order “did not go as far as I would have liked, but because I was able to work with the chairman’s office to address so many of my concerns, I was able to approve the order.”

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