State Commissions, NARUC Want To Continue Joint Approach to Regulating IP Transition
The FCC should continue to support a federal-state partnership to protect consumers and competition as regulations for the IP transition are considered at Thursday’s commission meeting, states said in multiple ex parte filings in docket 13-5. The filers would like the FCC to maintain its collaborative approach with the state commissions in setting rules and policies for the technology transition. State commissioners also are concerned about battery backup requirements and the FCC pre-empting the states’ authority to establish the regulations. During the transition, the state commissions also believe carriers should have to inform consumers of the effect the transitions will have on service. Stefanie Brand, director of the New Jersey Division of Rate Counsel, said Verizon has been turning off services in her state without first going through the proper channels, leaving consumers with no service while the network is being switched to fiber.
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The FCC should acknowledge that IP-based voice and data services are telecom services and should be subject to the Telecom Act's regulatory framework, said NARUC General Counsel Brad Ramsay in an ex parte filed July 30. NARUC also endorsed FCC Chairman Tom Wheeler’s proposal to require providers of fixed IP-based networks to notify their consumers of any backup power requirements for their services, including battery life (see 1507100050). The organization also endorses the proposal to preserve competition regardless of the technology used to provide service, Ramsay said. And if the FCC doesn’t choose to specify the status of IP-based voice services, it should use this order to reaffirm its commitment to a collaborative, joint approach with the states to further the goals and directives contained in the NPRM on consumer protection and public safety, he said. It’s important that any decisions made at Thursday’s meeting not undermine state authority by omission or foreclose a proper classification of other IP services, Ramsay said.
The Massachusetts Department of Telecom and Cable also supports Wheeler’s core values as outlined in his proposal and consistent with NARUC’s February resolution urging the FCC to partner with states to protect residential and business consumers during the technology transition (see 1502170051), said Commissioner Karen Charles Peterson. She also said carriers should fully inform consumers during transitions of the effect the transitions will have on service quality, service offerings and customer premises equipment. She cited a smooth transition from copper to an all-fiber network that was completed in Lynnfield, where MDTC worked with Verizon to notify customers ahead of time to switch over with minimal disruption.
Because the D.C. Public Service Commission has an open case that addresses issues with copper retirement and battery backup for regulated LECs that use fiber, it was unable to file comments or reply comments, said Commissioner Betty Ann Kane in an ex parte filing. Despite that, Kane said it's important for the FCC to maintain the existing federal-state partnership in protecting consumers and ensuring public safety by not pre-empting states’ authority to also establish battery backup and notification requirements to residential and business customers and to competitive LECs.
Verizon’s IP transition notice doesn't provide sufficient information to customers and doesn't satisfy FCC standards to ensure continued consumer protection, reliability of safe and adequate services and the promotion of competition, said Brand. The rate counsel asked the FCC to issue an order and directive suspending pending disconnection of any customer in connection with Verizon’s copper-to-fiber network transition in New Jersey. The counsel wants Verizon to file a Section 214 application, which would allow for further FCC review of Verizon’s IP transition plan and the filing of proper notices to customers.
A Verizon spokesman said the rate counsel's claims are baseless. The company has worked closely with its customers to communicate with them about the steps being taken to transition from copper to fiber, he said. It has also kept the New Jersey Board of Public Utilities informed about the company’s initiatives to move certain customers from copper to fiber, the spokesman said.