[WC Docket Nos. 25-208, 25-209; FCC 26-19; FR ID 370342] Reducing Barriers to Network Improvements and Service Changes, Accelerating Network Modernization
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 C...
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
( printed page 62335)
effective date for the revised rules by subsequent Public Notice.
DATES:
The amendments to §§ 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
Michele.Berlove@fcc.gov.
For additional information concerning the Paperwork Reduction Act information collection requirements, contact Nicole Ongele at (202) 418-2991 or
nicole.ongele@fcc.gov.
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the Commission adopted rules to reduce regulatory barriers and costs that hinder the transition from outdated legacy networks and services to next-generation, Internet Protocol (IP)-based infrastructure.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 §§ 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
PRA@fcc.gov.
To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to
fcc504@fcc.gov
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
( printed 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
( printed 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.
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.
* * * * *
3. Amend § 51.333 by:
a. Revising the section heading and paragraph (a);
b. Removing paragraphs (b) through (f);
c. Redesignating paragraph (g) as paragraph (b);
d. Removing newly redesignated paragraph (b)(1)(iii);
e. Further redesignating newly redesignated paragraphs (b)(1)(iv) and (v) as paragraphs (b)(1)(iii) through (iv); and
f. Revising newly redesignated paragraph (b)(2)(i) and (ii).
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 § 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
( printed 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
4. The authority citation for part 63 continues to read as follows:
(a) For the purposes of §§ 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 §§ 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 § 9.3 of this chapter but shall not include any interconnected VoIP service that is a “mobile service” as defined in § 20.3 of this chapter.
* * * * *
6. Amend § 63.62 by revising the introductory text and paragraphs (a), (b), and (d) to read as follows:
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 § 63.505, or in emergency cases (as defined in § 63.60(b)) as provided in § 63.63:
(a) The dismantling or removal of a trunk line (for contents of application see §§ 63.71 and 63.500) for all domestic carriers and for dominant international carriers except as modified in § 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 §§ 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 § 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;
* * * * *
7. Amend § 63.63 by revising introductory text of paragraph (a) and paragraph (b) to read as follows:
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.
8. Amend § 63.71 by:
a. Revising paragraph (a)(5);
b. Removing paragraphs (a)(6) and (c)(4);
c. Redesignating paragraphs (c)(2), (3), and (5) as paragraphs (c)(3), (4), and (9);
d. Adding new paragraphs (c)(2) and (5) and paragraphs (c)(6) through (8);
e. Revising paragraph (f);
f. Removing paragraphs (h) and (l);
g. Redesignating paragraphs (i), (j), and (k) as paragraphs (h), (i), and (j), respectively;
h. Revising newly redesignated paragraphs (h) and (j); and
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 § 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 § 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 § 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 §§ 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 § 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 § 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 § 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 § 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 § 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 § 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
( printed 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 § 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 § 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 § 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.
44 U.S.C. 3507
47 CFR part 51