The FCC is continuing its ‘Delete, Delete, Delete’ agenda by reducing requirements associated with the copper switch-off that have been deemed overly burdensome
The FCC has warned that state or local requirements deemed to hinder the copper switch-off may be preempted
On 26 March 2026, the US Federal Communications Commission (FCC) adopted a number of deregulatory changes to its copper switch-off (CSO) rules, through a Report and Order, to speed up migration from copper networks. The changes follow the FCC’s ongoing “Delete, Delete, Delete" agenda set by Brendan Carr (Chair, FCC) following his appointment in January 2025. On the CSO rule changes, Carr stated that “outdated rules and regulations have forced providers to maintain aging copper infrastructure and to keep consumers on broken, antiquated networks”. Carr also referenced the cost burden this has placed on the industry, highlighting one operator’s reported copper maintenance costs of $6bn (£4.4bn) per year. Another area of concern for the FCC is with state and local requirements that force operators to maintain legacy networks even after the regulator has approved their applications to discontinue these services. In these cases, the adopted Report and Order subjects these requirements to federal preemption, meaning the federal rules will supersede the state or local rules.
Operators have been granted a blanket authorisation to commence CSO processes for some legacy voice and data services
The Report and Order sets out a number of key changes to current rules and obligations on operators. Firstly, the FCC has eliminated all filing requirements from its network change disclosure rules, its process of issuing public notices for short-term network changes and CSOs, and the associated objection process for interconnected service providers. Operators are still required to publicise their CSOs, particularly through notification to directly interconnected telephone exchanges or service providers, as well as 911 service providers. The FCC perceives that these changes will reduce delays and further encourage the deployment of modernised networks. Additionally, the FCC has made a number of changes to its discontinuance rules. While there were previously multiple rules and tests for operators to carry out before being granted authorisation to discontinue services, the regulator has now consolidated these into one “technology transitions discontinuance rule” to simplify compliance. These new rules state that in order for operators to be eligible for their authorisations to receive “streamlined processing”, they must certify that one or more of the following replacement services is available in the CSO area:
A facilities-based interconnected VoIP service;
A facilities-based mobile wireless service;
A voice service offered pursuant to an obligation from one of the FCC’s modernised high-cost support programs;
A voice service that has been available from the operator throughout the affected service area for the previous six months and for which the carrier has at least a certain number of existing subscribers and which supports access to 911; or
A widely available alternative voice service that supports access to 911.
The FCC has also decided to grant a blanket discontinuation authorisation for any legacy voice or data services operating below 25/3Mbps, and for any interconnected VoIP service provisioned over the copper network. This would enable operators to begin the process of switching off old copper networks without first having to apply for authorisation from the FCC. Operators would still be required to notify the public about these switch-off processes.
European operators have been critical of new proposals for the EC’s regulation of the CSO
Changes to the regulation of the CSO have similarly been a point of concern in Europe following the EC’s January 2026 publication of its proposal for a Digital Networks Act (DNA). The proposal takes a notably different approach to the deregulation and simplification seen in the US. The EC has proposed an extension of the CSO deadline to 2035, which a number of stakeholders at a recent BEREC event criticised for being unambitious. The other primary criticism has been over the DNA’s “one size fits all” approach, that stakeholders have cautioned against given the varying CSO situations in different Member States. So far in Europe, Telia in Sweden and Telefónica in Spain have been highlighted as leading examples for their completed CSO processes. In both cases, the incumbent operators did not rely on broad deregulatory changes as has been proposed in the US, but have instead emphasised the importance of consistent communications with affected customers during the course of the switch-off.
