CWA Comments in FCC Proceeding on Service Discontinuance Rules

The Federal Communications Commission is developing specific criteria that will be used when a carrier requests permission to discontinue, reduce or impair service to a community or part of a community.

For example, when Verizon substituted fixed wireless Voice Link for repair of the copper wireline network destroyed by Superstorm Sandy on Fire Island, the FCC told Verizon it had to file an application for permission to do this. The issue became moot when Verizon put FiOS on Fire Island.

In the future, when AT&T or Verizon or CenturyLink or any other CWA wireline employer requests permission to shut down the wireline network and substitute a wireless service or simply abandon rural areas, the carrier must request permission from the FCC to do this.

In its comments, CWA indicated support for the eight criteria that the FCC proposes, including network capacity and reliability; service quality; device interoperability; service for individuals with disabilities; 911 service; cybersecurity; service functionality and coverage. CWA urges the Commission to add a ninth criterion: affordability. Wireless data caps and expensive satellite-based Internet access are not substitutes for wireline Internet access with unlimited data.

CWA is urging the FCC to ensure that there is a skilled, career workforce with worker's rights as part of its service quality analysis. A company that violates labor law is not a substitute.

These rules do not apply to Verizon's "forced migration" from copper to fiber network. This is considered a "network change" not a "service discontinuance" and simply requires advanced notice (90 days for retail and 180 days for wholesale customers).

The FCC considers a number of factors when evaluating whether to grant a discontinuance application. An important criterion is that an "adequate substitute" service should be available.

CWA continues to raise the issue of de facto service discontinuance/retirement as a result of failure to properly maintain and repair the copper network.