§ 51.332   Notice of network changes: Copper retirement.

   (a) Definition. For purposes of this section, the retirement of copper
   is defined as:

   (1) Removal or disabling of copper loops, subloops, or the feeder
   portion of such loops or subloops;

   (2) The replacement of such loops with fiber-to-the-home loops or
   fiber-to-the-curb loops, as those terms are defined in § 51.319(a)(3);
   or

   (3) The failure to maintain copper loops, subloops, or the feeder
   portion of such loops or subloops that is the functional equivalent of
   removal or disabling.

   (b) Methods for providing public notice. In providing the required
   notice to the public of network changes under this section, an
   incumbent LEC must comply with the following requirements:

   (1) The incumbent LEC must file a notice with the Commission.

   (2) The incumbent LEC must provide each entity within the affected
   service area that directly interconnects with the incumbent LEC's
   network with a copy of the notice filed with the Commission pursuant to
   paragraph (b)(1) of this section.

   (3) If the copper retirement will result in the retirement of copper
   loops to the premises, the incumbent LEC must directly provide notice
   through electronic mail or postal mail to all retail customers within
   the affected service area who have not consented to the retirement;
   except that the incumbent LEC is not required to provide notice of the
   copper retirement to retail customers where:

   (i) The copper facilities being retired under the terms of paragraph
   (a) of this section are no longer in use in the affected service area;
   or

   (ii) The retirement of facilities pursuant to paragraph (a)(3) of this
   section is undertaken to resolve a service quality concern raised by
   the customer to the incumbent LEC.

   (iii) The contents of any such notice must comply with the requirements
   of paragraph (c)(2) of this section.

   (iv) Notice to each retail customer to whom notice is required shall be
   in writing unless the Commission authorizes in advance, for good cause
   shown, another form of notice. If an incumbent LEC uses email to
   provide notice to retail customers, it must comply with the following
   requirements in addition to the requirements generally applicable to
   the notice:

   (A) The incumbent LEC must have previously obtained express,
   verifiable, prior approval from retail customers to send notices via
   email regarding their service in general, or planned network changes in
   particular;

   (B) Email notices that are returned to the carrier as undeliverable
   must be sent to the retail customer in another form before carriers may
   consider the retail customer to have received notice; and

   (C) An incumbent LEC must ensure that the subject line of the message
   clearly and accurately identifies the subject matter of the email.

   (4) The incumbent LEC shall notify and submit a copy of its notice
   pursuant to paragraph (b)(1) of this section to the public utility
   commission and to the Governor of the State in which the network change
   is proposed, to the Tribal entity with authority over the Tribal lands
   in which the network change is proposed, and to the Secretary of
   Defense, Attn. Special Assistant for Telecommunications, Pentagon,
   Washington, DC 20301.

   (c) Content of notice—(1) Non-retail. The notices required by
   paragraphs (b)(1), (2), and (4) of this section must set forth the
   information required by § 51.327. In addition, the notices required by
   paragraphs (b)(1), (2), and (4) of this section must include a
   description of any changes in prices, terms, or conditions that will
   accompany the planned changes.

   (2) Retail. (i) The notice to retail customers required by paragraph
   (b)(3) of this section must provide sufficient information to enable
   the retail customer to make an informed decision as to whether to
   continue subscribing to the service to be affected by the planned
   network changes, including but not limited to the following provided in
   a manner that is clear and conspicuous to the average consumer:

   (A) The information required by § 51.327(a)(1) through (4) and (a)(6);

   (B) A statement that the retail customer will still be able to purchase
   the existing service(s) to which he or she subscribes with the same
   functionalities and features as the service he or she currently
   purchases from the incumbent LEC, except that if this statement would
   be inaccurate, the incumbent LEC must include a statement identifying
   any changes to the service(s) and the functionality and features
   thereof; and

   (C) A neutral statement of the services available to the retail
   customers from the incumbent LEC, which shall include a toll-free
   number for a customer service help line, a URL for a related Web page
   on the provider's Web site with relevant information, contact
   information for the Federal Communications Commission including the URL
   for the Federal Communications Commission's consumer complaint portal,
   and contact information for the relevant state public utility
   commission.

   (ii) If any portion of a notice is translated into another language,
   then all portions of the notice must be translated into that language.

   (iii) An incumbent LEC may not include in the notice required by
   paragraph (b)(3) of this section any statement attempting to encourage
   a customer to purchase a service other than the service to which the
   customer currently subscribes.

   (iv) For purposes of this section, a statement is “clear and
   conspicuous” if it is disclosed in such size, color, contrast, and/or
   location that it is readily noticeable, readable, and understandable.
   In addition:

   (A) The statement may not contradict or be inconsistent with any other
   information with which it is presented.

   (B) If a statement materially modifies, explains or clarifies other
   information with which it is presented, then the statement must be
   presented in proximity to the information it modifies, explains or
   clarifies, in a manner that is readily noticeable, readable, and
   understandable, and not obscured in any manner.

   (C) Hyperlinks included as part of the message must be clearly labeled
   or described.

   (d) Certification. No later than ninety (90) days after the
   Commission's release of the public notice identified in paragraph (f)
   of this section, an incumbent LEC must file with the Commission a
   certification that is executed by an officer or other authorized
   representative of the applicant and meets the requirements of § 1.16 of
   this chapter. This certification shall include:

   (1) A statement that identifies the proposed changes;

   (2) A statement that notice has been given in compliance with paragraph
   (b)(1) of this section;

   (3) A statement that the incumbent LEC timely served a copy of its
   notice filed pursuant to paragraph (b)(1) of this section upon each
   entity within the affected service area that directly interconnects
   with the incumbent LEC's network;

   (4) The name and address of each entity referred to in paragraph (d)(3)
   of this section upon which written notice was served;

   (5) A statement that the incumbent LEC timely notified and submitted a
   copy of its public notice to the public utility commission and to the
   Governor of the State in which the network change is proposed, to any
   federally recognized Tribal Nations with authority over the Tribal
   lands in which the network change is proposed, and to the Secretary of
   Defense in compliance with paragraph (b)(4) of this section;

   (6) If customer notice is required by paragraph (b)(3) of this section,
   a statement that the incumbent LEC timely served the customer notice
   required by paragraph (b)(3) of this section upon all retail customers
   to whom notice is required;

   (7) If a customer notice is required by paragraph (b)(3) of this
   section, a copy of the written notice provided to retail customers;

   (8) A statement that the incumbent LEC has complied with the
   notification requirements of § 68.110(b) of this chapter or that the
   notification requirements of § 68.110(b) do not apply;

   (9) A statement that the incumbent LEC has complied with the good faith
   communication requirements of paragraph (g) of this section and that it
   will continue to do so until implementation of the planned copper
   retirement is complete; and

   (10) The docket number and NCD number assigned by the Commission to the
   incumbent LEC's notice provided pursuant to paragraph (b)(1) of this
   section.

   (e) Timing of notice. (1) Except pursuant to paragraph (e)(2) of this
   section, an incumbent LEC must provide the notices required by
   paragraphs (b)(2) and (4) of this section no later than the same date
   on which it files the notice required by paragraph (b)(1) of this
   section.

   (2) Where the copper facilities being retired under the terms of
   paragraph (a) of this section are no longer being used to serve any
   customers, whether wholesale or retail, in the affected service area,
   an incumbent LEC must provide the notices required by paragraphs (b)(2)
   and (4) of this section no later than ninety (90) days after the
   Commission's release of the public notice identified in paragraph (f)
   of this section.

   (3) An incumbent LEC must provide any notice required by paragraph
   (b)(3) of this section to all non-residential customers to whom notice
   must be provided no later than the same date on which it files the
   notice required by paragraph (b)(1) of this section.

   (4) An incumbent LEC must provide any notice required by paragraph
   (b)(3) of this section to all residential customers to whom notice must
   be provided no later than ninety (90) days after the Commission's
   release of the public notice identified in paragraph (f) of this
   section.

   (f) Implementation date. The Commission will release a public notice of
   filings of the notice of copper retirement pursuant to paragraph (b)(1)
   of this section. The public notice will set forth the docket number and
   NCD number assigned by the Commission to the incumbent LEC's notice.
   The notices of copper retirement required by paragraph (b) of this
   section shall be deemed approved on the 180th day after the release of
   the Commission's public notice of the filing.

   (g) Good faith requirement. An entity within the affected service area
   that directly interconnects with the incumbent LEC's network may
   request that the incumbent LEC provide additional information to allow
   the interconnecting entity where necessary to accommodate the incumbent
   LEC's changes with no disruption of service to the interconnecting
   entity's end user customers. Incumbent LECs must work with such
   requesting interconnecting entities in good faith to provide such
   additional information.

   [ 80 FR 63371 , Oct. 19, 2015]

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