SUMMARY

On March 27, 2026, the Federal Communications Commission (FCC) released a Report and Order revising Section 214 discontinuance rules, eliminating legacy filing burdens for technology transitioning carriers including 251(c)(5) interconnection network change disclosures, and imposing new safeguards for 911 continuity during the transition to VoIP. The FCC also preempted state or local laws that require continued provision of legacy services or otherwise conflict with FCC‑approved Section 214 discontinuances but did not preempt all state authority (states may still object in the Section 214 discontinuation process, but cannot override FCC authorization).

Most revised rules take effect 30 days after publication in the Federal Register, however, certain rules regarding information-collection requirements in discontinuation applications and new reporting or recordkeeping elements associated with replacement-service showings or customer/consumer objection processes will take effect after OMB approval.

REVISED RULES

New Consolidated Technology Transition Discontinuance Rule

The FCC replaced the Adequate Replacement Test and Alternative Options Test with a single unified rule governing technology transition discontinuances, simplifying the process and accelerating the transition away from TDM networks. 

New Replacement Service Eligibility Framework (VoIP, Wireless ≥5/1 Mbps, High Cost Voice, Carrier Alternative, Widely Available Third Party Service)

To qualify for streamlined treatment, discontinuing carriers must demonstrate the availability of at least one FCC approved replacement service category – ranging from facilities-based VoIP to mobile wireless ≥5/1 Mbps – throughout the affected area. 

31 Day Automatic Grant for All Discontinuance Applications (Dominant + Non Dominant Alike)

The FCC standardizes the streamlined timeline by applying the 31 day automatic grant period to both dominant and non dominant carriers, replacing the previous 60 day window for dominant carriers. 

New Content Requirements for All Discontinuance Filings

All discontinuance applications must now include detailed information such as replacement service descriptions, customer impact, pricing comparisons (for tech transition cases), and a certified statement demonstrating that the discontinuance will not harm the public interest. 

90 Day Pre Filing 911 Coordination for Trunk/TDM/Circuit Discontinuance

Any carrier planning to discontinue any facility or service that supports 911 call delivery – including interconnection trunks, selective router TDM circuits, dedicated 911 TDM paths, or any TDM private line used for 911 transport – must, at least 90 days before filing a Section 214 discontinuance application, initiate a structured coordination process that includes: identifying all affected 911 traffic pathways; providing a designated point of contact with real decision making authority to the 911 Authorities, 911 service providers, and directly interconnecting LECs; supplying detailed technical information about the affected circuits; engaging in active, two way discussions to ensure replacement routing or facilities are available; addressing concerns raised by public safety stakeholders; and working in good faith to modify timelines where live 911 traffic remains on the facilities and no viable alternative solution exists within the planned window, all of which must be documented and later included in the Section 214 filing in the form of a list of entities contacted, dates of coordination, and certification that the pre filing requirements were met.

Blanket Authority to Grandfather Legacy Voice, Lower Speed Data (<25/3 Mbps), and VoIP Over Copper Services

Carriers may now grandfather these legacy offerings without submitting a Section 214 application, provided they notify existing customers and later seek discontinuance authority only when fully retiring the service. 

Elimination of Outdated Rules, Including §§63.66, 63.90, 63.100, 63.504, 63.601

The FCC removes several obsolete rule sections – covering public toll stations, military base exchanges, physical posting requirements, outage notification cross references, and public coast stations – because they no longer reflect modern network architectures or regulatory needs. 

Preemption of State Requirements

The FCC holds that any state or local law that restricts, delays, or conditions a carrier’s ability to discontinue a service after receiving federal Section 214 authorization – including laws requiring continued copper or legacy service – is preempted, because such mandates conflict with federal policy and frustrate the nationwide transition to IP networks.

THIS MAY APPLY TO YOU IF…

• You are any type of voice service provider

ACTION ITEMS & TIMELINE

• The FCC is headed to an all-IP ecosystem. If you are considering copper-retirement, elimination of interconnection facilities, 911 facility discontinuation, 214 TDM discontinuance, or other related issues, these new rules will help streamline the transition.
• The preemption aspect of the Report and Order is likely to be challenged and may affect rule implementation timing.