FCC says it's making it easier for US telcos to ditch legacy lines
America's telecoms regulator has unveiled new measures to speed the transition to modern high-speed networks, but critics argue the move could leave behind those in rural areas or with special needs.
The Federal Communications Commission (FCC) says it has adopted rules that let telcos retire their aging copper line infrastructure, and claims this will free up "tens of billions" annually for the rollout of high-speed, all-IP-based networks.
According to the FCC, the build-out of modern networks is hindered by "the need for carriers to divert precious resources to the maintenance of deteriorating legacy networks that deliver outdated services to an ever-decreasing number of subscribers."
The Report and Order [PDF] issued by the agency eliminates network change disclosure filing requirements for telcos and streamlines the rules governing technology transition discontinuance applications.
This means that service providers only need to post a public notice of planned network changes on their own websites, although they still need FCC authorization for a copper retirement or other network change that results in a service discontinuation.
The order also gives telcos blanket authority to "grandfather" legacy services like voice and low-speed broadband, meaning these are no longer offered to new customers as part of a phase-out program, and it explicitly imposes a federal override of state and local provisions.
"If state and local statutes and regulations force providers to devote resources to maintaining deteriorating legacy networks and provisioning near-obsolete services to fewer subscribers even after the FCC has approved the provider's application to discontinue legacy services, those state requirements conflict with federal law and are subject to pre-emption," the agency states.
"For too long, outdated rules and regulations have forced providers to maintain aging copper infrastructure and to keep consumers on broken, antiquated networks," claimed FCC chair Brendan Carr.
But concerns have been raised about the new rules. Nonprofit public interest group Public Knowledge warned that Americans in rural areas may get left behind, as well as elderly people, those with disabilities, and anyone who relies on specialized medical equipment that uses phone lines.
Similar concerns in the UK forced telcos such as BT, the former national operator, to delay plans to turn off the public switched telephone network (PSTN) and replace it all with fiber infrastructure. This followed the introduction of a UK government charter to protect vulnerable customers, particularly those using TeleCare, which covers alarms that the elderly or infirm can trigger if they need emergency assistance.
Public Knowledge says that the FCC order relaxes or entirely drops various safeguards put in place by previous administrations to ensure that customers would not lose access to 911 or other critical voice services.
Telcos that want to rip out rural copper lines will no longer need to provide engineering tests to prove the alternatives work as well as existing lines, or be required to sell voice as a standalone service.
The carriers previously had to prove to regulators that the new service was an "adequate replacement" for the old one, testing voice quality and alarm systems, among other things, under the FCC's 2016 "Adequate Replacement Test."
But in 2025, the FCC clarified [PDF] that applicants can "show" adequate replacement through "total-circumstances testing" (self-certification using routine internal data).
Further, it says that the rules shift the burden from the telecoms operators, which currently have to show that every subscriber will still have service, onto consumers, who will now have to somehow prove that enough of them will lose service to challenge an upgrade application.
At the same time, the FCC dismissed warnings from the Alarm Industry Communications Committee, which advocates for the alarm industry, that having network change notices posted only on the telco's website would significantly reduce public visibility of critical infrastructure changes.
It said it is "not persuaded" by this argument, as the purpose of the filing requirement was never about "public visibility of critical infrastructure changes" in the first place.
The order puts people at risk, according to Public Knowledge senior VP Harold Feld.
"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. As a result, millions of rural Americans may see the price of service go up while the quality goes down – or worse, see their service disconnect altogether."
We asked the FCC for a response to the concerns expressed by Public Knowledge. ®
