STATEMENT OF
CHAIRMAN TOM WHEELER
Re: Technology Transitions, GN Docket No. 13-5; USTelecom Petition for Declaratory Ruling That 
Incumbent Local Exchange Carriers Are Non-Dominant in the Provision of Switched Access 
Services, WC Docket No. 13-3; Policies and Rules Governing Retirement Of Copper Loops by 
Incumbent Local Exchange Carriers, RM-11358.
For the past several years, there has been much discussion at the Commission about the so-called 
“tech transitions.” The move from traditional circuit-switched voice services running on copper loops to 
all-Internet Protocol (IP) multi-media networks offers the possibility of better performing and lower 
priced phone service for consumers. In embracing such advances we must not, however, erase the 
historic responsibilities of network operators to the users of their services. 
The Commission has acted on numerous occasions to facilitate these analog-to-IP transitions. 
Each time re-affirming enduring values that have long defined our networks: competition, consumer 
protection, universal service, and public safety. Building on this progress, the Commission acts today to 
eliminate outdated legacy requirements that are no longer necessary, to develop the proper framework for 
the transition to new technologies, and to preserve basic network operator responsibilities.     
First, we are removing the anachronistic designation of incumbent carriers as dominant in the 
legacy switched access marketplace. In particular, we grant a petition from the United States Telecom 
Association seeking a declaratory ruling that incumbent local exchange carriers (LECs) are non-dominant 
in their provision of interstate switched access services.  Dominant carrier regulation was developed in the 
1980s and has played a critical role in promoting competitive balance. But, over the past 40 years, the 
role of legacy switched access service in the marketplace has changed dramatically. Today’s ruling
brings our requirements in line with those realities.
Second, we are establishing a framework for evaluating requests to discontinue a legacy voice 
service as part of technology transitions. Congress charged the Commission with ensuring the public 
interest would not be harmed through a service discontinuance. We have determined that discontinuances 
that involve the promotion of technology transitions will benefit from a straightforward, streamlined 
review process that focuses on clarity, certainty, and efficiency.
To that end, we announce a three-pronged test for determining whether an application to 
discontinue legacy voice service on which consumers have long-relied merits streamlined treatment. The 
test will ensure that consumers can continue to expect strong service quality, access to critical 
applications such as 911, and that the applications that consumers value – such as security alarms –
continue to function properly with the new service. 
This adequate replacement test is a gateway to streamlined treatment. It is entirely voluntary for 
applicants, and small businesses are exempted from the network testing requirements associated with it.
This is a win for everyone.  Industry and the public alike benefit from these clear, technology 
neutral guideposts to next-generation services that preserve the core values of the longstanding Network 
Compact.   
Third, we are requiring Section 214 discontinuance applicants seeking streamlined treatment to 
implement customer outreach plans and provide consumer education materials. We will allow applicants 
2to offer notice via email to increase industry and customer convenience, and require notice to Tribal 
governments in the state where a discontinuance is proposed.
We are mindful of the critical importance of ensuring that services remain affordable for 
consumers, and we will rely on our public interest authority where appropriate to provide a careful review 
of any transition that could burden our most vulnerable citizens.  
The broadband network revolution continues, and FCC policies must keep pace. With today’s
actions, the Commission renews its commitment to adapting to the changed communications landscape.