Groups Hit FCC Draft's Copper and Discontinuance Plans, but Some Doubt Agency Will Back Off
Stakeholders criticized proposed FCC wireline broadband infrastructure actions in a draft item on the agenda for Thursday's commissioners' meeting (see 1710270040). Consumer groups, industry parties and others opposed changes the draft would make to agency rules adopted in past orders on technology transitions, copper retirements and telecom service discontinuances. Electric utilities voiced concern about possible FCC efforts to further drive down pole-attachment rates. The objections were in filings posted Monday and last week in docket 17-84, including on meetings before lobbying restrictions took effect Thursday.
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There's no sign so far the FCC plans to alter the draft significantly, some parties told us Monday. "To some extent, we have presented our arguments with the expectation that we will need to petition an appellate court," emailed Harold Feld, Public Knowledge senior vice president. "I would certainly expect, given the enormous concern both Commissioner [Mignon] Clyburn and Commissioner [Jessica] Rosenworcel showed for arriving at the right rules during the Obama Administration, that they would find the draft Order unacceptable. Whether they can prevail on the Chairman to make meaningful changes remains to be seen."
A telecom industry official doubted "any significant changes" to draft provisions to scale back regulation of copper retirements and telecom service under Communications Act Section 214. "It’s possible" Clyburn and Rosenworcel "could dissent in part" to the item, which has "a lot going on," the official said. A telecom industry representative was also skeptical the FCC would back off the draft easing of ILEC copper-retirement and discontinuance duties affecting other carriers. Chairman Ajit Pai’s latest speech (see 1711100003) appears to indicate "he is dug in, and he seems to believe" critics "are asking for copper to remain when our point is that he needs to address the actual barriers to build," emailed the representative: "This is about adequate notice and time to build." The representative noted the Democrats "just voted Tech Trans Order two years ago so I don’t know why they would go along."
The Communications Workers of America and others asked the FCC to retain its "balanced, common sense" tech transition rules on copper-retirement notifications and service discontinuances. The draft "virtually ignores" the detailed comments "many of us submitted," filed CWA joined by PK, NAACP, Common Cause, National Association of State Utility Consumer Advocates, the Utility Reform Network and others. The draft is "a major step backwards, putting consumers at risk, particularly in rural communities, the elderly, and vulnerable populations." It would scrap direct notice to retail customers of copper retirements, reduce ILEC notice to competitors of network changes from 180 to 90 days, allow "de facto" copper retirements, and downgrade the definition of what it means to serve a community in a current "functional test" that requires replacement services to be as good as discontinued services, they said. PK and CWA made longer legal arguments against the draft's "sudden shift in policy," in a filing joined by the National Digital Inclusion Alliance, National Hispanic Media Coalition, Community Broadband Networks Institute for Local Self-Reliance and the Kentucky Resources Council.
The draft "opens the door to thousands of Fire Islands, letting incumbent carriers drop wireline for inferior wireless service," CWA Telecom Policy Director Debbie Goldman told us, referring to the New York Island where Superstorm Sandy destroyed wireline networks and Verizon proposed using a fixed wireless substitute. "People need to have advance notice which facilitates technology changes and upgrades to fiber. I can’t understand why the chairman’s draft order is opposed to advanced notice and transparency.” Incompas, Windstream, the Alarm Industry Communications Committee and others also filed concerns. The FCC didn't comment.
Utilities said the FCC should "restore incentives to the providers of pole space" to parties attaching fiber lines and other telecom infrastructure. "The existing regulatory framework, and the constant downward pressure on cost-recovery (to say nothing of diminished return on investment) has stifled innovation of deployment solutions," said an American Electric Power and Georgia Power filing on meetings with aides to Pai and Commissioner Mike O'Rielly. They voiced concern with the draft's "inquiries into possible further reductions in the existing pole attachment rate formulas." This is "at odds with any kind of 'light touch' regulatory approach," they said.