Doug Dawson (POTS & PANS) takes a look at the disadvantage to consumers when telecommunications customer cut the copper…

But there are still good policy reasons for not tearing down the networks. For many rural households, a telephone landline is the only way to reliably reach 911 or to make the daily calls needed to connect to doctors, banks, and other necessities of daily life. The FCC and state regulators have all said they support tearing down copper as long as customers have an equivalent alternative for voice. And that’s where the rub comes. The Internet is full of stories of people who have lost their copper with no alternative available. Unless a telco is replacing copper with fiber, they generally tell customers to change to wireless broadband. Everybody who lives in rural America knows that cell coverage is poor or nonexistent in much of rural America. But the lack of cell coverage doesn’t seem to be a deterrent for the big telcos that want to get rid of the copper.

People can always change to Starlink, assuming they live in a place where they don’t have to cut down a bunch of trees or put up an expensive tall pole to receive service. But this means replacing a $30 landline bill with a $130 Starlink bill. Even then, a customer has to be sophisticated enough to subscribe to a WiFi calling service through a web connection and worry about losing 911 when power goes out.

I recently read an article on Medium by Bruce Kushnick that points out another motivation for the big telcos to tear down copper. When a telco eliminates the last copper infrastructure in a state, it is theoretically no longer subject to Title II traditional regulation. The FCC and courts have rules that broadband and voice services carried across all other technologies are subject to Title I regulation as an information service.

This is a big deal that is not being talked about. Carriers subject to Title II regulation are required to offer just and reasonable rates. Title II carriers are subject to strict rules about protecting customer information. Title II carriers are subject to all sorts of rules for things like having specific rules about when and how a customer can be disconnected for nonpayment. Title II carriers are subject to mandatory obligations to interconnect with other carriers.

If a telco can change to become regulated by Title I rules, all of these regulatory obligations would go away. If a big telco could get every single customer off copper in a state, they’d have a good case to make that they are no longer subject to any Title II regulation. I’m positive that this is where AT&T and Verizon are headed. They would probably have to petition a state to make the change, but in most states they will win their argument.