The FCC continues its mission to eliminate every vestige of the copper Time Division Multiplexed (TDM) network. It already has ongoing proceedings to eliminate interconnection requirements for incumbent local exchange carriers (ILECs) and eliminate remaining switched access rates. Now in a Report and Order (Order) in Docket 25-209 expected to be adopted at its March 26, 2026, meeting, the Commission takes aim at both the state and local rules holding back the transition to an all-Internet protocol (IP) network and other “red tape” requirements keeping copper networks in place. According to the Commission,
This Report and Order would reduce regulatory burdens, allowing providers to invest resources toward modernizing their networks so all consumers have access to advanced communications services. The actions taken in the Report and Order combine common sense reforms with core consumer protections to protect public safety. The Report and Order also addresses state and local requirements that would hinder the modernization enabled by the Report and Order, and concludes that, if state or local requirements conflict with the discontinuance framework adopted in this Order, such requirements negate a valid federal regulatory objective and are subject to preemption.
FCC Fact Sheet, Released March 5, 2026
Specifically, the agency takes the following actions:
Eliminate all filing requirements in its network change disclosure rules. However, ILECs will continue to be required to post public notice of planned network changes through industry fora, industry publications, or on the carrier’s publicly accessible Internet site without the obligation to file duplicative information with the Commission.
Simplify the process for technology transitions discontinuance applications by adopting one consolidated rule applicable to all technology transitions discontinuance applications and eliminating rule provisions thereby rendered irrelevant.
Ease burdens associated with outdated services by granting blanket section 214(a) authority for carriers to grandfather legacy voice services, lower-speed data. telecommunications services, and interconnected VoIP services provisioned over copper wire.
Adopt requirements for applications to discontinue a service supporting interconnection trunks or the exchange of traffic to ensure seamless 911 connectivity.
Grant forbearance relief from section 214(a) discontinuance requirements to resellers when the wholesale provider of their resold service engages in a technology transition discontinuance, conditioned on appropriate notice to customers.
Apply the 31-day automatic grant period to all discontinuance applications regardless of applicants’ status as a dominant or non-dominant carrier but retain the ability to remove an application from streamlined processing at any point during the 31-day period should the discontinuance raise concerns.
Clarify the required contents of discontinuance applications to ensure that discontinuances do not adversely affect public convenience and necessity.
Revise the emergency discontinuance rules to permit permanent discontinuance of the affected service under specific circumstances to support service modernization during recovery efforts.
Eliminate various obsolete, irrelevant, or redundant discontinuance rules.
Finds that federal law preempts any state or local legal requirements that—either by law or in practice—have the effect of continuing to require carriers to provide legacy voice services in an area where carriers have obtained Commission authorization under section 214(a) of the Act to discontinue the legacy service in question or where carriers have been discouraged from seeking such Commission authorization.
The Report and Order is expected to take effect 30 days after it appears in the Federal Register. However, look for a flurry of Petitions for Reconsideration to be filed by consumer groups and smaller ILECs concerned that blanket rules eliminating the copper network will leave remaining voice customers (especially the elderly and rural ones) especially vulnerable. Litigation to come by summer.
