Introduction and Summary

The Information Technology and Innovation Foundation (ITIF) appreciates the opportunity to comment on AT&T’s Petition for Preemption and Declaratory Ruling regarding whether Commission approval of AT&T’s discontinuance applications under Section 214 preempts California’s Carrier of Last Resort (COLR) and related requirements.[1] ITIF supports the petition because it presents an important opportunity to advance the Commission’s longstanding objectives of promoting network modernization, encouraging investment in next-generation communications infrastructure, and removing unnecessary regulatory barriers that delay deployment of advanced communications services, all while preserving consumer access to essential communications.[2]

Today’s Communications Marketplace Has Evolved Beyond California’s COLR Framework

California’s COLR framework was established during a period in which incumbent telephone companies served as the primary providers of residential voice communications.[3] Today’s communications marketplace is fundamentally different.[4] Consumers increasingly obtain voice and broadband services through multiple competing technologies, including fiber, cable, fixed wireless, mobile wireless, and satellite networks. These technological and competitive developments warrant periodic evaluation of legacy regulatory obligations to ensure they continue to advance their original objectives and reflect current market conditions.

The Commission Acknowledges Legacy Network Maintenance Requirements Limit Next-Gen Investment. The objective of communications regulation is to create conditions that ensure consumers receive dependable voice services, reliable access to emergency communications, and high-quality broadband connectivity regardless of the technology used to deliver those services. Where consumers have access to adequate alternative voice services and competitive communications options, regulatory requirements that effectively require indefinite maintenance of obsolete copper infrastructure will discourage investment in next-generation networks, delay broadband deployment, and limit the resources available to modernize communications infrastructure.[5]

In its March 2026 Network Modernization Order, the Commission recognized that maintaining aging copper infrastructure can divert financial and operational resources from deployment of advanced communications networks and that unnecessary regulatory barriers may impede the transition to modern IP-based services.[6] AT&T’s petition presents an opportunity for the Commission to apply those principles by clarifying whether California’s COLR and related requirements should continue to prevent FCC-authorized discontinuance of legacy Plain Old Telephone Service after the Commission has determined that the updated section 214 requirements have been satisfied.[7] Such clarification would promote regulatory certainty and ensure that federal network modernization objectives are not unnecessarily delayed by duplicative state regulations.

California Faces Unique Challenges That Necessitate Network Resiliency and Access to Emergency Services

California’s unique operating environment, e.g. recurring wildfires, Public Safety Power Shutoffs (PSPS), earthquakes, and other natural disasters, make communications resiliency an essential consideration as the state continues its transition to modern networks. Therefore, network modernization should be implemented in a manner that maintains public confidence and protects essential communications capabilities. As California continues its transition away from legacy copper infrastructure, consumers should retain reliable access to emergency communications, including 911 services, receive adequate notice of service transitions, and have access to reliable and functionally equivalent replacement services.

Fortunately, today’s robust communications marketplace offers modern solutions for ensuring access to emergency services without relying on legacy networks. Technological advancements and private investment provide expansive consumer choice and competitive pricing. Even during emergencies and natural disasters, modern broadband technologies like low-Earth orbit satellites offer a lifeline for those who face outages.[8] The broadband market can connect every American to reliable, high-speed Internet, but outdated regulations impede progress towards a universally connected future.

Conclusion

The Commission should thoughtfully consider AT&T’s petition because it could catalyze the retirement of outdated copper networks, accelerate network modernization, and advance the transition to a modern, all-IP communications ecosystem.

Thank you for your consideration.

Endnotes