California asserts that its regulations are “technology neutral,” allowing AT&T to utilize wired, wireless, and VoIP services to fulfill its Carrier of Last Resort (COLR) obligations. AT&T contends that its wireless AT&T Phone-Advanced (AP-A) service can effectively substitute traditional copper wires. However, California claims that “AT&T never officially explored the possibility of replacing Plain Old Telephone Service (POTS) with AP-A.”
California emphasizes that AT&T “does not intend to enforce its COLR obligations through AP-A and is seeking relief by failing to meet these obligations altogether.” The state notes, “This is why AT&T has not asserted in this lawsuit that it provides basic services via AP-A or any alternative service.”
According to the state, AT&T has not committed to ensuring that AP-A meets California’s basic service requirements. These requirements mandate flat-rate options for unlimited voice calls, discounted Lifeline rates for qualifying low-income customers, and telephone relay services for individuals with hearing impairments.
AT&T Seeks Further Assistance from the FCC
AT&T cited an FCC grandfathering order in its lawsuit, but this order applies broadly to the telecommunications industry rather than specifically to AT&T. Additionally, AT&T has requested the FCC for rulings that would specifically preempt California’s COLR obligations and associated requirements, including tariffs and Lifeline participation rules.
California has informed the FCC that AT&T’s claims are misleading and that state regulations do not prevent the company from transitioning from copper to fiber. The Utility Reform Network, a California advocacy group, informed the FCC that AT&T’s wireless home phone service is “not a viable replacement for the existing legacy infrastructure.”
“While AP-A has received approval in other states, none of these areas possess the diverse terrain or severe weather conditions akin to California,” the advocacy group stated. “This discrepancy means that residents in mountainous, valley, and heavily forested regions are less likely to consistently receive a reliable cellular signal.” They also pointed out that power outages from wildfires or earthquakes may last days or even weeks, while AP-A’s backup battery lasts only 24 hours.
Beyond seeking a preemption order, AT&T has requested FCC permission to discontinue copper-based services for 184,000 residential customers and 15,000 business customers by June 1, 2027. Once comments are gathered, this request may be granted automatically. The FCC has not yet provided a response to AT&T’s request to preempt California’s regulations. Even if the FCC approves AT&T’s motion, California could challenge such an order in court.
Source: arstechnica.com