1FACT SHEET: Chairman Wheeler’s Proposals to Protect Consumers & Promote Competition 
and Public Safety in the Technology Transitions
Phone and Internet providers are increasingly replacing their legacy copper networks with next-
generation networks that enable greater broadband speeds, efficiency, capacity, and a wealth of 
innovative features. But the FCC’s rules have not kept pace and do not facilitate the transitions now 
sweeping across the industry. 
Today, Chairman Tom Wheeler will circulate two items to his fellow Commissioners that would update
the FCC’s rules to help deliver the promise of dynamic new networks and all their benefits while 
ensuring that consumers, businesses, governments, schools, libraries and hospitals have a voice in that 
transition. If adopted at the Commission Open Meeting on August 6, these clear rules of the road will 
give providers the certainty they need to invest, while protecting consumers, competition and public 
safety.
Protect Emergency Calling While Promoting Consumer Choice
First, the Chairman plans to circulate a Report and Order that would help ensure consumers have the 
information and tools necessary to maintain available communications at home during an emergency.
Traditional, copper-based landline home phone service typically works during electric outages because 
the service provides its own power, but modern substitutes usually need backup power to keep 
operating during a power outage. If adopted, these rules would require providers of these substitutes, 
such as a cable company’s bundled voice service, to offer consumers the option to buy backup power so 
they can use their home phones during power outages.
? These providers would be required to ensure that a technical solution for 8 hours of standby 
backup power is available for consumers to purchase, either directly or from a third-party 
retailer, at the point of sale. 
? Within three years, providers would also be required to offer an option for 24 hours of standby 
backup power.
Importantly, the decision to purchase backup power from the provider would be up to consumers – they 
will not be forced to purchase equipment they do not want. 
The rules also would require providers to inform both current and new customers about service
limitations during electric outages and the steps they can take to address those risks through backup 
power, including how to keep their service operational during a multi-day power outage. This action 
would empower consumers to make informed choices and support their need for 911 service during 
emergencies.
Inform and Protect Consumers as Networks Change
A separate Report and Order, Order on Reconsideration and Further Notice of Proposed Rulemaking
would, if adopted:
Protect consumers as copper networks are replaced by next-generation networks
? Require that consumers be notified of plans to retire copper networks. Notice would be 
required approximately six months in advance for non-residential customers and three months 
in advance for residential customers.
? Define “retirement” in such a way to prevent retirement of networks by neglect (sometimes 
referred to as “de facto” retirement)
2? Require notice to interconnecting carriers for retirement of all parts of the copper network that 
are critical to providing their customers with service
? Retain carrier flexibility to retire copper networks in favor of newer facilities without prior 
Commission approval – as long as no service is discontinued, reduced, or impaired
Preserve Competitive Choices
Competitive providers often combine their own facilities with the last-mile services of incumbent 
providers to reach small and medium-sized businesses and institutions, including schools, libraries, 
health care facilities, and government offices.  However, competitive carriers and the customers that 
depend on them face uncertainty as incumbent carriers prepare to stop offering some of these 
services. To preserve competition in the enterprise market, the draft rules being circulated by the 
Chairman would:
? Require that replacement services be offered to competitive providers at rates, terms and 
conditions that are reasonably comparable to those of the legacy services. This would be an 
interim measure, pending the completion of the FCC’s special access proceeding which is 
examining these issues more broadly.
? Clarify that a carrier that plans to discontinue a service that has only carrier customers must still 
follow the statutory process for discontinuance if the action would negatively impact retail users 
served by those carrier customers. While a carrier’s discontinuation of a wholesale service may 
not always discontinue service to retail end users, the carrier still must undertake a meaningful 
evaluation to determine whether the statutory discontinuance process is triggered.  
Evaluate Whether New Services Will Meet Consumer Needs
Section 214 of the Communications Act requires that carriers receive FCC approval before they 
discontinue, reduce or impair a service.  However, the FCC has never codified the criteria used to 
evaluate and compare replacement and legacy services. The item tentatively concludes that both 
consumers and industry would be served by clarifying these standards, and seeks comment on 
criteria which include:
? Support for 911 services and call centers
? Network capacity and reliability
? Quality of both voice service and Internet access 
? Interoperability with devices and services, such as alarm services and medical monitoring
? Access for people with disabilities, including compatibility with assistive technologies
? Network security in any IP-supported network that is comparable to the legacy network
? Coverage throughout the service area, either by the substitute network or via service from other 
provider