On March 27, 2026, the FCC released a Report and Order (“R&O”) adopting reforms intended to modernize communications networks and reduce regulatory barriers for retiring legacy services. The R&O was adopted at the March Open Meeting.
Specifically, the R&O:
- Eliminates Network Change Disclosure Filing Requirements: The FCC eliminates: (i) all existing filing obligations associated with its short-term network change disclosure rules; (ii) the FCC’s process of issuing public notices for short-term network changes and copper retirements; and (iii) the associated objection process for interconnected service providers.
- Carriers are still required to: (i) post public notice of their planned network changes through industry fora, industry publications, or on their website; and (ii) provide direct notice to interconnecting carriers of copper retirements, short-term network changes, and network changes resulting from force majeure events. In addition, this does not absolve carriers of their obligation to obtain FCC approval under Section 214 for any discontinuance resulting from a copper retirement.
- Streamlines the Section 214 Discontinuance Processes: The FCC consolidates its technology transition discontinuance rules by replacing the Adequate Replacement Test and Alternative Options Test with a single consolidated rule. Under this new rule, carriers are eligible for streamlined processing of their technology transition discontinuance application if they certify that one of the following replacement services is available throughout the affected service area: (i) facilities-based interconnected VoIP service; (ii) facilities-based mobile wireless service of speeds of at least 5/1 Mbps; (iii) voice service available from an FCC high-cost support program recipient; (iv) alternative voice service from the applicant that meets specified conditions; or (v) widely available alternative voice service that supports access to 911. The FCC also affirms the Wireline Competition Bureau’s earlier finding that these replacement services need not be offered on a stand-alone basis to be considered an adequate replacement (i.e., they can be offered as a bundled service).
- Eliminates Grandfathering Filing Requirements for Certain Services: The FCC grants blanket Section 214(a) authority for carriers to grandfather legacy voice services, lower-speed data services (those operating at speeds below 25/3 Mbps), and interconnected VoIP services provisioned over copper. This blanket authority eliminates the need for carriers to file a 214(a) application when grandfathering services, though carriers still must file a discontinuance application if they seek to permanently discontinue one of these services.
- Permits Limited Section 214 Forbearance for Resellers: The FCC grants conditional forbearance from the discontinuance filing requirements for resellers when a wholesale provider discontinues the underlying service, provided that the reseller gives appropriate notice to affected customers.
- Adopts Additional Discontinuance and Procedural Reforms: The FCC also: (i) adopts a 31-day automatic grant period for all discontinuance applications regardless of carrier status; (ii) clarifies the required contents of discontinuance applications; (iii) adopts requirements for discontinuances affecting interconnection trunks or traffic exchange to ensure continuity of 911 service; (iv) revises the emergency discontinuance rules to allow permanent discontinuance under certain circumstances; and (v) eliminates various obsolete or redundant discontinuance rules.
- Preempts Conflicting State Requirements: The FCC concludes that federal law preempts state or local rules that effectively require carriers to continue providing interstate or jurisdictionally mixed legacy voice services after the Commission has authorized discontinuance under Section 214, finding that such requirements undermine federal efforts to facilitate network modernization.
The following notable changes were made from the draft item:
- The FCC expanded the notice requirement by clarifying that incumbent local exchange carriers (“LECs”) must provide direct notice of copper retirements and short-term network changes not only to interconnected providers and 911 service providers, but also to directly interconnecting LECs that support critical 911 functions, such as routing 911 traffic to public safety answering points (“PSAPs”) (paras. 12, 67-68, 72). The FCC made corresponding updates to the coordination obligations as well (see para. 21). In addition, the FCC expanded on application requirements for discontinuances affecting interconnection trunks or traffic exchange to ensure continuity of 911 service (paras. 67-68).
- The FCC expanded on the level of detail required by carriers when identifying replacement services relied upon in discontinuance applications. Specifically, carriers will be required to identify the available replacement services using the smallest practicable geographic unit (e.g., census blocks, census block groups, or ZIP codes) (para. 25). The adopted item also expands upon the “widely available alternative voice service” replacement option (paras. 38-40).
- The FCC added in a directive to the Wireline Competition Bureau to create a master docket for consumer section 214 discontinuance objections, update ECFS as needed, and issue guidance via Public Notice. The FCC also updated the customer notice content requirements for carriers seeking FCC authorization for a technology transitions discontinuance application to include clear instructions on how to submit objections to proposed discontinuances, including the docket number and relevant resources (para. 55).
- The FCC clarified that some of the prior identified contents of discontinuance applications, such as disclosure of the pricing difference and community impact, would only apply to technology transition discontinuance applications (paras. 90-91).
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