A US court has rejected the appeal lodged by a group of NGOs against the FCC’s decision in November 2017 to ease rules around the replacement of outdated infrastructure, and notably, copper networks. The Ninth US Circuit Court of Appeals said the appeal, filed by Public Knowledge, the Greenlining Institute, the Utility Reform Network and the National Association of State Utility Advocates, “lacked standing”.
The appeal sought to bring back rules adopted by the FCC in 2015 that protected communities and people still dependent on legacy copper lines as telephone companies retire them. In 2017, the FCC adopted new ones it said would accelerate fibre deployment and increase the availability of next-generation services.
The rules of 2017 eliminated the ability of communities to demand operators maintain the copper lines until those are replaced by adequate and comparable services, rather than simply abandoning them (‘de facto retirement’). The FCC also eliminated the requirement for operators to support essential non-voice services, such as alarm systems, medical monitors, and small business services, during the transition to fibre. Finally, the rules eliminated the 180-day notice requirement for individuals and business customers, making it more difficult for those still relying on copper lines to minimize the cost and disruption of finding adequate replacement services, according to the appeal.
Public Knowledge said it was “deeply disappointed” with the decision to dismiss on standing grounds. “As the California wildfires demonstrated, the deregulation of our telephone network can have devastating consequences,” it added. The group said it will see what other options it has to make sure “all Americans have affordable, reliable access to critical communications infrastructure.”
FCC chairman Ajit Pai said he was pleased with the ruling, which will help the FCC’s efforts to “expedite the transition from the networks of yesterday to the networks of tomorrow.”
