Public Knowledge Seeks Rulemaking on Copper Replacement After Disasters
Public Knowledge asked the FCC to begin a rulemaking to set guidelines for carriers that want to replace damaged copper infrastructure with VoIP or fixed wireless networks. In the wake of Superstorm Sandy’s devastation, Verizon expressed its intent to do just that, replacing its destroyed copper with fiber in a move it said would make the network more resilient (CD Nov 16 p1). The PK proposal would have the commission “create a process for guiding carriers’ responses” in natural disaster situations.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
"While we hope we will not see destruction like that left by Hurricane Sandy on a regular basis, unfortunately hurricanes, tornadoes, earthquakes, winter storms, strong thunderstorms, and other natural disasters occur all too frequently to ignore their impact on our communications infrastructure when it is needed most,” wrote PK staff attorney Jodie Griffin in an ex parte filing detailing the group’s June 6 meeting with an aide to Commissioner Ajit Pai (http://bit.ly/14uWakW). PK has been cautioning against “potential confusion” that could accompany the transition away from the public switched telephone network (CD June 7 p15).
It’s “likely” that carriers whose infrastructure is damaged would prefer to rebuild the networks using something other than copper, PK said. To that end, the commission should have a process that let carriers “show how those services are actually equivalent to the basic service customers have come to expect,” the association said. The commission’s inquiry should seek continued support for international calling, collect calls, medical alert devices, and credit card processing and faxes for businesses, PK said.
Until then, “the relevant carriers should continue to be treated as if they are operating a Title II telecommunications services,” PK said. “Natural disasters should not be used as opportunities for deregulation, nor should they become a path to short-circuit the Commission’s ongoing deliberations over the broad policy issues raised by the phone network transition."
"I don’t think the commission wants to have a precedent which suggests companies should follow the legal principle, ‘It’s better to ask forgiveness than to ask permission,'” said Blair Levin, Gig. U executive director. As the industry transitions to IP, the FCC must understand the natural cycle of investment, he said. “You don’t want to force investment into old infrastructure.” One could argue either way whether a separate proceeding is preferable in the case of a natural disaster, or if the current Section 214 proceeding is sufficient, he said. But ultimately what’s most important is that companies have clear direction if they wish to provide similar services on different infrastructure, he said.
"I think PK’s petition has great merit,” said communications attorney Andrew Schwartzman. “There is a history at the FCC of efforts to engage in deregulatory self-help and then claiming that it is OK because ‘we've been doing it for a while, nobody said anything and now it isn’t fair to stop us,'” Schwartzman said. “The commission needs to look at this now. In particular, this shouldn’t be wrapped into the work of the IP transition task force because that is, properly, a careful and slow deliberative process.”