Rule2026-20192
[WC Docket Nos. 25-208, 25-209; FCC 26-19; FR ID 370342] Reducing Barriers to Network Improvements and Service Changes, Accelerating Network Modernization
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 1, 2026
Effective
October 15, 2026
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Wireline Competition Bureau (Bureau) announces that the Office of Management and Budget (OMB) has approved the information collection associated with the Commission's revised network change disclosure and service discontinuance rules in a Report and Order, which stated that the revised rules would not become effective until OMB completed its review of any information collection requirements under the Paperwork Reduction Act and that the Bureau would announce the effective date for the revised rules by subsequent Public Notice.
Full Text
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<title>Federal Register, Volume 91 Issue 189 (Thursday, October 1, 2026)</title>
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[Federal Register Volume 91, Number 189 (Thursday, October 1, 2026)]
[Rules and Regulations]
[Pages 62334-62340]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20192]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 51 and 63
[WC Docket Nos. 25-208, 25-209; FCC 26-19; FR ID 370342] Reducing
Barriers to Network Improvements and Service Changes, Accelerating
Network Modernization
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
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SUMMARY: In this document, the Wireline Competition Bureau (Bureau)
announces that the Office of Management and Budget (OMB) has approved
the information collection associated with the Commission's revised
network change disclosure and service discontinuance rules in a Report
and Order, which stated that the revised rules would not become
effective until OMB completed its review of any information collection
requirements under the Paperwork Reduction Act and that the Bureau
would announce the
[[Page 62335]]
effective date for the revised rules by subsequent Public Notice.
DATES: The amendments to Sec. Sec. 51.329, 51.333, 63.60, 63.62(a),
(b), and (d), 63.63, 63.71, and 63.602, published at 91 FR 20913, April
20, 2026, are effective on October 15, 2026.
FOR FURTHER INFORMATION CONTACT: Michele Berlove, Assistant Division
Chief, Wireline Competition Bureau, at (202) 418-0357, or by email at
<a href="/cdn-cgi/l/email-protection#307d595358555c551e7255425c5f4655705653531e575f46"><span class="__cf_email__" data-cfemail="135e7a707b767f763d5176617f7c6576537570703d747c65">[email protected]</span></a>. For additional information concerning the
Paperwork Reduction Act information collection requirements, contact
Nicole Ongele at (202) 418-2991 or <a href="/cdn-cgi/l/email-protection#4f21262c20232a612021282a232a0f292c2c61282039"><span class="__cf_email__" data-cfemail="c1afa8a2aeada4efaeafa6a4ada481a7a2a2efa6aeb7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On March 26, 2026, the Commission adopted a
Report and Order, FCC 26-19, published at 91 FR 20913, April 20, 2026.
In the Report and Order, the Commission adopted rules to reduce
regulatory barriers and costs that hinder the transition from outdated
legacy networks and services to next-generation, Internet Protocol
(IP)-based infrastructure. The Commission stated that these rule
changes may contain new or modified information collection requirements
and would not become effective until OMB completes its review of any
information collection requirements that the Bureau determined is
required under the Paperwork Reduction Act. The Commission also
directed the Bureau to announce the effective date for the revisions to
Sec. Sec. 51.329, 51.333, 63.60, 63.62(a)-(b), (d), 63.63, 63.71, and
63.602 by subsequent public notice.
On September 21, 2026, OMB approved the information collection
requirements related to the discontinuance rules contained in the
Report and Order. The OMB Control Number is 3060-0149. On September 25,
2026, OMB approved the information collection requirements related to
the network change disclosure rules contained in the Report and Order.
The OMB Control Number is 3060-0741. The Bureau publishes this document
as an announcement of the effective dates of the service discontinuance
rules and network change disclosure rules adopted in the Report and
Order. If you have any comments on the burden estimates listed below,
or how the Commission can improve the collections and reduce any
burdens caused thereby, please contact Nicole Ongele, Federal
Communications Commission, 45 L Street NE, Washington, DC 20554. Please
include the OMB Control Numbers 3060-0741 and 3060-0149 in your
correspondence. The Commission also will accept your comments via email
at <a href="/cdn-cgi/l/email-protection#a3f3f1e2e3c5c0c08dc4ccd5"><span class="__cf_email__" data-cfemail="fcacaebdbc9a9f9fd29b938a">[email protected]</span></a>. To request materials in accessible formats for people
with disabilities (Braille, large print, electronic files, audio
format), send an email to <a href="/cdn-cgi/l/email-protection#01676262343135416762622f666e77"><span class="__cf_email__" data-cfemail="c4a2a7a7f1f4f084a2a7a7eaa3abb2">[email protected]</span></a> or call the Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the Bureau is notifying the public that it received final OMB
approval on September 25, 2026, for the information collection
requirements contained in the changes to the Commission's network
change disclosure rules in 47 CFR part 51, and on September 21, 2026,
for the information collection requirements contained in the changes to
the Commission's service discontinuance rules in 47 CFR part 63.
Under 5 CFR part 1320, an agency may not conduct or sponsor a
collection of information unless it displays a current, valid OMB
Control Number.
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a current, valid OMB Control Number.
The foregoing notification is required by the Paperwork Reduction
Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the affected
respondents are as follows:
OMB Control Number: 3060-0741.
OMB Approval Date: September 25, 2026.
OMB Expiration Date: September 30, 2029.
Title: Reducing Barriers to Network Improvements and Service
Changes, Accelerating Network Modernization, WC Docket Nos. 25-209, 25-
208.
Form Number: N/A.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 4,452 respondents; 450,838
responses.
Estimated Time per Response: 0.5-4.5 hours.
Frequency of Response: On occasion reporting requirements;
recordkeeping and third-party disclosure requirements.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this information collection is contained in 47
U.S.C. 222 and 251.
Total Annual Burden: 452,623 hours.
Total Annual Cost: No cost.
Needs and Uses: The Commission received OMB approval for revisions
to an existing information collection, OMB Collection 3060-0741.
Section 251 of the Communications Act of 1934, as amended, 47 U.S.C.
251, is designed to accelerate private sector development and
deployment of telecommunications technologies and services by spurring
competition. Section 222(e) is also designed to spur competition by
prescribing requirements for the sharing of subscriber list
information. These information collection requirements are designed to
help implement certain provisions of sections 222(e) and 251, and to
eliminate operational barriers to competition in the telecommunications
services market. Specifically, these information collection
requirements will be used to implement (1) local exchange carriers'
(LECs) obligations to provide their competitors with dialing parity and
non-discriminatory access to certain services and functionalities; (2)
incumbent local exchange carriers' (ILECs) duty to make network
information disclosures; and (3) numbering administration. In November
2017, the Commission adopted new rules concerning certain information
collection requirements implemented under section 251(c)(5) of the Act,
pertaining to network change disclosures. Most of the changes to those
rules applied specifically to a certain subset of network change
disclosures, namely notices of planned copper retirements. In addition,
the changes removed a rule that prohibits incumbent LECs from engaging
in useful advanced coordination with entities affected by network
changes. In June 2018, the Commission revised its network change
disclosure rules to (1) revise the types of network changes that
trigger an incumbent LEC's public notice obligation, and (2) extend the
force majeure provisions applicable to copper retirements to all types
of network changes. On March 26, 2026, the Commission adopted a Report
and Order that modified certain recordkeeping or reporting requirements
that relate to the obligations of ILECs planning to retire copper
communications facilities or make other changes to their networks that
might impact interoperability. Specifically, the Commission: (1)
eliminated all filing requirements in the Commission's network change
disclosure rules and the Commission's process of issuing public notices
for short-term network changes and copper retirements and the
associated objection process for interconnected service providers, (2)
required that the method of notice the incumbent LEC uses be publicly
accessible, and (3) expanded the direct notice requirement for copper
[[Page 62336]]
retirements and short-term network changes to include 911 service
providers and directly interconnecting LECs that support essential
functions within 911 networks, including providers delivering 911
traffic to selective routers for transmission to public safety
answering points. The changes were aimed at removing unnecessary
regulatory barriers to the deployment of high-speed broadband networks
while providing reasonable public notice of planned network changes to
impacted stakeholders and ensuring continued 911 connectivity.
The total annual reporting burdens and costs for the affected
respondents are as follows:
OMB Control Number: 3060-0149.
OMB Approval Date: September 21, 2026.
OMB Expiration Date: September 30, 2029.
Title: Part 63, Reducing Barriers to Network Improvements and
Service Changes, Accelerating Network Modernization, WC Docket Nos. 25-
208, 25-209, FCC 26-19. Form Number: N/A.
Respondents: Business or other for profit.
Number of Respondents and Responses: 78 respondents; 90 responses.
Estimated Time per Response: 6-10 hours per response.
Frequency of Response: One-time reporting requirement and third-
party disclosure requirements.
Obligation to Respond: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
47 U.S.C. 214 and 402 of the Communications Act of 1934, as amended.
Total Annual Burden: 648 hours.
Total Annual Cost: No Cost.
Needs and Uses: The Commission received OMB approval for revisions
to an existing information collection, OMB Collection 3060-0149.
Section 214 of the Communications Act of 1934, as amended, requires
that a carrier must first obtain FCC authorization either to (1)
construct, operate, or engage in transmission over a line of
communications; or (2) discontinue, reduce or impair service over a
line of communications. Part 63 of Title 47 of the Code of Federal
Regulations (CFR) implements Section 214. Part 63 also implements
provisions of the Cable Communications Policy Act of 1984 pertaining to
video which was approved under this OMB Control Number 3060-0149. In
2009, the Commission modified Part 63 to extend to providers of
interconnected Voice of internet Protocol (VoIP) service the
discontinuance obligations that apply to domestic non-dominant
telecommunications carriers under Section 214 of the Communications Act
of 1934, as amended. In 2014, the Commission adopted improved
administrative filing procedures for domestic transfers of control,
domestic discontinuances and notices of network changes, and among
other adjustments, modified Part 63 to require electronic filing for
applications for authorization to discontinue, reduce, or impair
service under Section 214(a) of the Act. In July 2016, the Commission
concluded that applicants seeking to discontinue a legacy time division
multiplexing (TDM)-based voice service as part of a transition to a new
technology, whether internet Protocol (IP), wireless, or another type
(technology transition discontinuance application) must demonstrate
that an adequate replacement for the legacy service exists in order to
be eligible for streamlined treatment and revised part 63 accordingly.
The Commission concluded that an applicant for a technology transition
discontinuance may demonstrate that a service is an adequate
replacement for a legacy voice service by certifying or showing that
one or more replacement service(s) offers all of the following: (i)
Substantially similar levels of network infrastructure and service
quality as the applicant service; (ii) compliance with existing federal
and/or industry standards required to ensure that critical applications
such as 911, network security, and applications for individuals with
disabilities remain available; and (iii) interoperability and
compatibility with an enumerated list of applications and
functionalities determined to be key to consumers and competitors (the
``adequate replacement test''). In November 2017, the Commission
further modified the rules applicable to Section 214(a) discontinuance
applications by (1) expediting applications that ``grandfather'' low
speed legacy services for existing customers; (2) expediting
applications to discontinue previously grandfathered legacy data
services; and (3) expediting applications to discontinue legacy voice
or data services below 1.544 Mbps for which the carrier has had no
customers and no request for service for at least a 30-day period
immediately preceding submission of the application. In June 2018, the
Commission again modified the rules applicable to Section 214(a)
discontinuance applications. First, all carriers, whether dominant or
non-dominant, that seek approval to grandfather data services below
speeds of 25 Mbps download speed and 3 Mbps upload speed are subject to
a uniform reduced public comment period of 10 days and an automatic
grant period of 25 days. Second, all carriers, whether dominant or
nondominant, seeking authorization to discontinue data services below
speeds of 25 Mbps download speed and 3 Mbps upload speed that have
previously been grandfathered for a period of at least 180 days are
subject to a uniform reduced public comment period of 10 days and an
automatic grant period of 31 days, provided they submit a statement as
part of their discontinuance application that they have received
Commission authority to grandfather the services at issue at least 180
days prior to the filing of the discontinuance application. The
statement must reference the file number of the prior Commission
authorization to grandfather the services the carrier then seeks to
permanently discontinue. Third, carriers are no longer required to file
an application to discontinue, reduce, or impair any service for which
it has had no customers and no request for service for at least a 30-
day period immediately preceding the discontinuance. Fourth, all
carriers, whether dominant or nondominant, that seek approval to
discontinue legacy voice service can obtain further streamlined
processing with a public comment period of 15 days and an automatic
grant period of 31 days, provided (1) they offer a standalone
interconnected VoIP service throughout the service area, and (2) at
least one alternative stand-alone, facilities-based voice service is
available from an unaffiliated provider throughout the affected service
area (the ``alternative options test''). Finally, all carriers, whether
dominant or nondominant, that seek approval to grandfather legacy voice
service are subject to a uniform reduced public comment period of 10
days and an automatic grant period of 25 days. Certain rules are now
modified as described below. In March 2026, the Commission further
modified the rules applicable to Section 214(a) discontinuance
applications by: (1) adopting one consolidated rule applicable to all
technology transitions discontinuance applications, whereby an
application to discontinue a currently offered retail voice service as
part of a technology transition is eligible for streamlined processing
if the applicant certifies that one or more of five specified
categories of replacement services is available in every location
throughout the affected service area; (2) granting blanket section
214(a) authority
[[Page 62337]]
for carriers to grandfather legacy voices services, lower-speed data
telecommunications services (defined as those operating at speeds below
25/3 Mbps), and interconnected Voice over internet Protocol (VoIP)
service provisioned over copper wire, thus eliminating the need for
carriers to file a section 214(a) application when grandfathering these
services; (3) adopting requirements providing that carriers seeking
authority to discontinue a service supporting interconnection trunks or
the exchange of traffic must specifically identify the service to be
discontinued, not just the branded name of the service being
discontinued, and that they must include in such discontinuance
applications a statement that at least 90 days prior to the planned
discontinuance filing, the carrier provided a designated point of
contact with authority to facilitate the orderly transition from legacy
facilities that support 911 to the 911 Authorities, 911 service
providers, and directly interconnecting local exchange service
providers that support essential functions within 911 networks,
including delivering 911 traffic to selective routers for transmission
to public safety answering points (PSAPs) in the affected service area
for coordination of the transition to ensure continued 911
connectivity, and a list of providers that received notice in the
affected service area with which the carrier has coordinated and the
date(s) of that coordination; (4) granting conditional forbearance
relief from section 214(a) discontinuance requirements for resellers
discontinuing resold services where the reseller's wholesale provider
is engaging in a technology transitions discontinuance, with the
condition that the discontinuing resellers provide reasonable notice to
their customers; (5) applying the 31-day automatic grant period to all
discontinuance applications; (6) setting forth content requirements for
discontinuance applications; and (6) providing that a carrier may
permanently discontinue a service after a showing that it has
previously obtained emergency discontinuance authority for the service
in question, that the service is one for which the requesting carrier
has had no customers or reasonable requests for service during the 60-
day period immediately preceding the permanent discontinuance, and that
an adequate replacement service is available throughout the affected
service area. The Commission also eliminated 47 CFR 63.66, 63.90,
63.100, 63.504, 63.601, and 63.602, and revised 47 CFR 63.60, 63.62,
and 63.63 to account for any references or cross-references in those
sections caused by the elimination of the previously enumerated rule
provisions.
List of Subjects
47 CFR Part 51
Communications, Communications common carriers, Telecommunications,
Telephone.
47 CFR Part 63
Authority delegations (Government agencies), Cable television,
Communications, Communications common carriers, Organization and
functions (Government agencies), Radio, Reporting and recordkeeping
requirements, Telegraph, Telephone.
Federal Communications Commission,
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 51 and 63 as follows:
PART 51--INTERCONNECTION
0
1. The authority citation for part 51 continues to read as follows:
Authority: 47 U.S.C. 151-55, 201-05, 207-09, 218, 225-27, 251-
52, 271, 332 unless otherwise noted.
0
2. Amend Sec. 51.329 by:
0
a. Revising paragraph (a); and
0
b. Removing paragraph (c).
The revision reads as follows:
Sec. 51.329 Notice of network changes: Methods for providing notice.
(a) An incumbent LEC may provide the required notice to the public
of network changes through publicly accessible industry fora, industry
publications, or the incumbent LEC's website.
* * * * *
0
3. Amend Sec. 51.333 by:
0
a. Revising the section heading and paragraph (a);
0
b. Removing paragraphs (b) through (f);
0
c. Redesignating paragraph (g) as paragraph (b);
0
d. Removing newly redesignated paragraph (b)(1)(iii);
0
e. Further redesignating newly redesignated paragraphs (b)(1)(iv) and
(v) as paragraphs (b)(1)(iii) through (iv); and
0
f. Revising newly redesignated paragraph (b)(2)(i) and (ii).
The revisions read as follows:
Sec. 51.333 Notice of network changes: Short-term network changes
and copper retirement.
(a) Direct notice. If an incumbent LEC wishes to provide less than
six months' notice of planned network changes, or provide notice of a
planned copper retirement, the incumbent LEC must serve a copy of its
public notice upon each telephone exchange service provider that
directly interconnects with the incumbent LEC's network, 911 service
providers, and directly interconnecting local exchange service
providers that support essential functions within 911 networks in the
affected service areas, provided that, with respect to copper
retirement notices, such service may be made by postings on the
incumbent LEC's website if the directly interconnecting telephone
exchange service provider has agreed to receive notice by website
postings. For purposes of this section, ``911 service provider'' is
defined as an entity that provides 911, E911, or NG911 capabilities
such as call routing, automatic location information, automatic number
identification, or the functional equivalent of those capabilities,
directly to a public safety answering point (PSAP), statewide default
answering point, or appropriate local emergency authority as defined in
Sec. 9.3 of this chapter; and/or operates one or more central offices
that directly serve a PSAP.
(1) An incumbent LEC must provide the required direct notice of a
short-term network change at least 10 days prior to implementation.
(2) An incumbent LEC must provide direct notice of a planned copper
retirement at least 90 days prior to implementation, except that it
must provide direct notice of a planned copper retirement involving
copper facilities not being used to provision services to any customers
at least 15 days prior to implementation.
(b) * * *
(2) * * *
(i) Notwithstanding the requirements of this section, if in
response to circumstances outside of its control other than a force
majeure event addressed in paragraph (b)(1) of this section, an
incumbent LEC cannot comply with the timing requirement set forth in
paragraph (a) of this section, hereinafter referred to as the waiting
period, the incumbent LEC must give notice of the network change as
soon as practicable.
(ii) A short-term network change or copper retirement notice
subject to paragraph (b)(2) of this section must include a brief
explanation of the circumstances necessitating the reduced
[[Page 62338]]
waiting period and how the incumbent LEC intends to minimize the impact
of the reduced waiting period on directly interconnected telephone
exchange service providers.
* * * * *
PART 63--EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE,
REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND
GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS
0
4. The authority citation for part 63 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214,
218, 403, 571, unless otherwise noted.
0
5. Amend Sec. 63.60 by revising paragraphs (a), (b)(1) and (2), (c),
and (g) to read as follows:
Sec. 63.60 Definitions.
* * * * *
(a) For the purposes of Sec. Sec. 63.60 through 63.71, the term
``carrier,'' when used to refer either to all telecommunications
carriers or more specifically to non-dominant telecommunications
carriers, shall include interconnected VoIP providers.
(b) * * *
(1) The closure by a carrier of a telephone exchange rendering
interstate or foreign telephone toll service, or a public toll station
serving a community or part of a community.
(2) The reduction in hours of service by a carrier at a telephone
exchange rendering interstate or foreign telephone toll service or at
any public toll station (except at a toll station at which the
availability of service to the public during any specific hours is
subject to the control of the agent or other persons controlling the
premises on which such office or toll station is located and is not
subject to the control of such carrier); the term reduction in hours of
service does not include a shift in hours which does not result in any
reduction in the number of hours of service.
* * * * *
(c) Emergency discontinuance, reduction, or impairment of service
means any discontinuance, reduction, or impairment of the service of a
carrier occasioned by conditions beyond the control of such carrier
where the original service is not restored or comparable service is not
established within a reasonable time. For the purpose of this part, a
reasonable time shall be deemed to be a period not in excess of 60
days.
* * * * *
(g) For the purposes of Sec. Sec. 63.60 through 63.71, the term
``service,'' when used to refer to a real-time, two-way voice
communications service, shall include interconnected VoIP service as
that term is defined in Sec. 9.3 of this chapter but shall not include
any interconnected VoIP service that is a ``mobile service'' as defined
in Sec. 20.3 of this chapter.
* * * * *
0
6. Amend Sec. 63.62 by revising the introductory text and paragraphs
(a), (b), and (d) to read as follows:
Sec. 63.62 Type of discontinuance, reduction, or impairment of
telephone service requiring formal application.
Authority for the following types of discontinuance, reduction, or
impairment of service shall be requested by formal application
containing the information required by the Commission in the
appropriate sections to this part, including Sec. 63.505, or in
emergency cases (as defined in Sec. 63.60(b)) as provided in Sec.
63.63:
(a) The dismantling or removal of a trunk line (for contents of
application see Sec. Sec. 63.71 and 63.500) for all domestic carriers
and for dominant international carriers except as modified in Sec.
63.19;
(b) The severance of physical connection or the termination or
suspension of the interchange of traffic with another carrier (for
contents of application see Sec. Sec. 63.71 and 63.501);
* * * * *
(d) The closure of a public toll station where no other such toll
station of the applicant in the community will continue service (for
contents of application, see Sec. 63.505): Provided, however, That no
application shall be required under this part with respect to the
closure of a toll station located in a community where telephone toll
service is otherwise available to the public through a telephone
exchange connected with the toll lines of a carrier;
* * * * *
0
7. Amend Sec. 63.63 by revising introductory text of paragraph (a) and
paragraph (b) to read as follows:
Sec. 63.63 Emergency discontinuance, reduction or impairment of
service.
(a) Application for authority for emergency discontinuance,
reduction, or impairment of service shall be made by electronically
filing an informal request through the ``Submit a Non-Docketed Filing''
module of the Commission's Electronic Comment Filing System. Such
requests shall be made as soon as practicable but not later than 65
days after the occurrence of the conditions which have occasioned the
discontinuance, reduction, or impairment. The request shall make
reference to this section and show the following:
* * * * *
(b) Authority for the emergency discontinuance, reduction, or
impairment of service for a period of 60 days shall be deemed to have
been granted by the Commission effective as of the date of the filing
of the request unless, on or before the 15th day after the date of
filing, the Commission shall notify the carrier to the contrary.
Renewal of such authority may be requested by letter, filed with the
Commission not later than 10 days prior to the expiration of such 60-
day period, making reference to this section and showing that such
conditions may reasonably be expected to continue for a further period
and what efforts the applicant has made to restore the original or
establish comparable service. If the same or comparable service is
reestablished before the termination of the emergency authorization,
the carrier shall notify the Commission promptly. However, the
Commission may, upon specific request of the carrier and upon a proper
showing, contained in such informal request or in the initial
application, authorize such discontinuance, reduction, or impairment of
service for an indefinite period or permanently. In addition, the
carrier may permanently discontinue, reduce, or impair a service for
which it has received authority for emergency discontinuance,
reduction, or impairment upon a showing that:
(1) It has had no customers or reasonable requests for service
during the 60-day period immediately preceding the discontinuance; and
(2) An adequate replacement service is available throughout the
affected service area.
0
8. Amend Sec. 63.71 by:
0
a. Revising paragraph (a)(5);
0
b. Removing paragraphs (a)(6) and (c)(4);
0
c. Redesignating paragraphs (c)(2), (3), and (5) as paragraphs (c)(3),
(4), and (9);
0
d. Adding new paragraphs (c)(2) and (5) and paragraphs (c)(6) through
(8);
0
e. Revising paragraph (f);
0
f. Removing paragraphs (h) and (l);
0
g. Redesignating paragraphs (i), (j), and (k) as paragraphs (h), (i),
and (j), respectively;
0
h. Revising newly redesignated paragraphs (h) and (j); and
0
i. Adding new paragraph (k).
The revisions and additions read as follows:
[[Page 62339]]
Sec. 63.71 Procedures for discontinuance, reduction or impairment of
service by domestic carriers.
(a) * * *
(5) One of the following statements:
(i) The following statement: The FCC will normally authorize this
proposed discontinuance of service (or reduction or impairment) unless
it is shown that customers would be unable to receive service or a
reasonable substitute from another carrier or that the public
convenience and necessity is otherwise adversely affected. If you wish
to object, you should file your comments as soon as possible, but no
later than 15 days after the Commission releases public notice of the
proposed discontinuance. You may file your comments electronically
through the FCC's Electronic Comment Filing System using the docket
number established in the Commission's public notice for this
proceeding, or you may address them to the Federal Communications
Commission, Wireline Competition Bureau, Competition Policy Division,
Washington, DC 20554, and include in your comments a reference to the
Sec. 63.71 Application of (carrier's name). Comments should include
specific information about the impact of this proposed discontinuance
(or reduction or impairment) upon you or your company, including any
inability to acquire reasonable substitute service.
(ii) For discontinuances involving technology transitions, as
defined in Sec. 63.60(i), in addition to the statement required by
paragraph (a)(5)(i) of this section, specific information as to how a
customer who wants to object to or comment on the proposed
discontinuance of service will be able to do so, including but not
limited to providing the master docket number established by the
Wireline Competition Bureau for such objections and comments and the
web page(s) identified by the Wireline Competition Bureau for further
guidance and resources to file an objection or comment.
* * * * *
(c) * * *
(2) For technology transitions discontinuance applications, as
defined in Sec. 63.60(i):
(i) Statement identifying the application as involving a technology
transition;
(ii) Statement of the difference in price, if any, between the
service being discontinued and replacement services available in the
affected service area; and
(iii) Brief description of the affected community or part of a
community, including the population size and any relevant
characteristics of the customer population affected;
* * * * *
(5) Brief description of replacement services, whether available
from the applicant or third parties, that would remain in the affected
community or part of the affected community in the event the
application is granted, including the name of any other carrier(s)
providing replacement services to the affected community, and where in
the affected community those services are available;
(6) Statement of the factors otherwise showing that neither the
present nor future public convenience and necessity would be adversely
affected by the granting of the application;
(7) For applications to discontinue a service supporting
interconnection trunks or the exchange of traffic, in addition to the
requirements set forth in Sec. Sec. 63.500 and 63.501:
(i) Specific identity of the type of service to be discontinued in
addition to any branded name of the service being discontinued;
(ii) Statement that at least 90 days prior to the planned
discontinuance, the carrier provided a designated point of contact with
authority to facilitate the orderly transition from legacy facilities
that support 911 to the 911 Authorities, as defined in Sec. 9.28 of
this chapter, 911 service providers, and local exchange service
providers that support essential functions within 911 networks in the
affected service area. For purposes of this section, ``911 service
provider'' is defined as an entity that provides 911, E911, or NG911
capabilities such as call routing, automatic location information,
automatic number identification, or the functional equivalent of those
capabilities, directly to a public safety answering point (PSAP),
statewide default answering point, or appropriate local emergency
authority as defined in Sec. 9.3 of this chapter; and/or operates one
or more central offices that directly serve a PSAP; and
(iii) List of the 911 Authorities, 911 service provider, and local
exchange service providers that support essential functions within 911
networks in the affected service areas with which the carrier has
coordinated and the date(s) of that coordination;
(8) A certification, executed by an officer or other authorized
representative of the applicant and meeting the requirements of Sec.
1.16 of this chapter, that the information required by this section is
true and accurate; and
* * * * *
(f)(1) The application to discontinue, reduce, or impair service
that does not constitute a technology transition or, if constituting a
technology transition, meets the requirements of paragraph (f)(2) of
this section, shall be automatically granted on the 31st day after its
filing with the Commission without any Commission notification to the
applicant unless the Commission has notified the applicant that the
grant will not be automatically effective. For purposes of this
section, an application will be deemed filed on the date the Commission
releases public notice of the filing.
(2) An application to discontinue, reduce, or impair an existing
retail service as part of a technology transition, as defined in Sec.
63.60(i), may be automatically granted only if the applicant certifies
that in every location throughout the affected service area, at least
one of the following types of services is available:
(i) A facilities-based interconnected VoIP service, as defined in
Sec. 9.3 of this chapter;
(ii) A facilities-based mobile wireless service operating at speeds
of at least 5 Mbps download and 1 Mbps upload, consistent with the
coverage parameters set forth in Sec. 1.7004(c)(3) of this chapter;
(iii) A voice service offered pursuant to an obligation from one of
the Commission's modernized high-cost support programs;
(iv) A voice service already available from the applicant in the
affected service area that that the applicant certifies offers
substantially similar levels of network performance and availability as
the legacy voice service being discontinued based on the applicant's
own internal network testing in connection with rolling out a new
product or service, provides access to 911 and complies with applicable
911 requirements in part 9 of this title, and permits users generally
to receive calls that originate on the public switched telephone
network and to terminate calls to the public switched telephone network
or any successor network that utilizes numbers issued pursuant to the
North American Numbering Plan and supports access to 911 and complies
with applicable 911 requirements in part 9 of this title; or
(v) A widely available alternative service offered by a third party
that the applicant certifies offers substantially similar levels of
network performance and availability as the legacy voice service being
discontinued, and permits users generally to receive calls that
originate on the public switched telephone network and to terminate
calls to the public switched telephone network or any successor network
that utilizes numbers issued pursuant to the
[[Page 62340]]
North American Numbering Plan and supports access to 911 and complies
with applicable 911 requirements in part 9 of this title.
* * * * *
(h) An application to discontinue, reduce, or impair a service
filed by a competitive local exchange carrier in response to a copper
retirement notice provided pursuant to Sec. 51.333 of this chapter
shall be automatically granted on the effective date of the copper
retirement; provided that:
(1) The competitive local exchange carrier submits the application
to the Commission for filing at least 40 days prior to the copper
retirement effective date; and
(2) The application includes a certification, executed by an
officer or other authorized representative of the applicant and meeting
the requirements of Sec. 1.16 of this chapter, that the copper
retirement is the basis for the application and that the applicant has
notified and coordinated with all 911 Authorities as defined in Sec.
9.28 of this chapter with jurisdiction within the affected service
area.
* * * * *
(j)(1) Notwithstanding any other provision of this section, a
carrier is not required to file an application to grandfather a legacy
voice service, lower-speed data service, or interconnected VoIP service
provisioned over copper wire; however, it must provide notice to
existing customers that it is grandfathering a service they current
receive from that carrier. Such notice shall include:
(i) An approximate date by which it intends to seek to permanently
discontinue the service; and
(ii) A statement regarding alternative services available in the
affected service area.
(2) For purposes of this paragraph (j), ``lower-speed data
service'' is defined as a data service operating at speeds below 25
Mbps download and 3 Mbps upload.
(k) Notwithstanding any other provision of this section, where a
wholesale provider is engaging in a technology transitions
discontinuance of a legacy voice service resold by another provider,
the reseller is not required to file an application to discontinue the
resold service, except that the reseller must provide notice to its
customers, as soon as practicable, that it will no longer be able to
provide the relevant legacy voice service. Such notice shall be via any
means to which the customer has previously provided express, verifiable
approval. Notice shall include the following:
(1) Name and address of carrier;
(2) Date of planned service discontinuance, reduction or
impairment;
(3) Points of geographic areas of service affected;
(4) Brief description of type of service affected; and
(5) Statement regarding the availability of alternative services in
the affected service area.
Sec. 63.602 [Removed and Reserved]
0
9. Remove and reserve Sec. 63.602.
[FR Doc. 2026-20192 Filed 9-30-26; 8:45 am]
BILLING CODE 6712-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.