Trade Law Daily is a Warren News publication.

FCC Set for Tech Transition Action on Discontinuance Standards, Telco Relief

The FCC and stakeholders were saying little as the agency prepared to vote on a tech transition order Thursday. The agenda item is aimed at streamlining industry applications to discontinue legacy telecom services and giving price-cap carriers some additional relief.…

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

An FCC official recently told us a draft would take four main actions: (1) remove the "outdated designation" of ILECs as "dominant" in the legacy switched-access marketplace; (2) establish a framework for evaluating a request for discontinuing a legacy voice service as part of the technology transitions; (3) refine the FCC’s discontinuance and notice requirements to make sure the public "is aware of and prepared for" such transitions; and (4) partially grant a petition for reconsideration of an August 2015 order "to make a minor change" in the timing of Communications Act Section 214 discontinuance for competitors affected by a copper retirement (see 1606240069). An NPRM had proposed eight criteria for judging replacement services in discontinuance applications: (1) network capacity and reliability; (2) service quality; (3) interoperability; (4) service for individuals with disabilities; (5) public service answering point and 911 service; (6) cybersecurity; (7) service functionality; and (8) coverage. ILECs criticized the proposals as too burdensome and pushed for more streamlining, while civil rights groups and others sought further consumer protections, including by adding or strengthening consumer notification, education, affordability and broadband access safeguards (see 1607080043). "We have made a strong case that Internet access must be included in the 'adequate replacement' evaluation, and CWA certainly anticipates that the FCC will include this in its updated discontinuance rules," Communications Workers of America Telecom Policy Director Debbie Goldman emailed us Wednesday. A telecom industry official emailed: “The FCC is setting up a process whereby companies can seek permission to retire a service that fewer and fewer Americans are actually using. I doubt that, with all the options consumers have to communicate, the landline phone will ever pull a Pokemon and make a comeback. Nonetheless, we’ll see tomorrow how easy or streamlined or difficult the FCC will make the discontinuance process.” A lawyer involved in the proceeding said there's much opposition to the cybersecurity proposal, which could be watered down. Whatever the FCC adopts, the lawyer predicted the actual process of telcos converting legacy phone networks and services to broadband/IP systems is "going to roll in over an extended period," with carriers focused initially on urban areas. "The expectation that this is going to be a rapid transition is going to prove illusory," the attorney said. Many others didn't comment.