Committee reviews bill requiring notice, backup-power reporting as phone networks shift from copper to fiber

Maria Royal, Legislative Counsel, told the committee H.898 addresses telephone companies transitioning legacy copper networks to fiber and aims to ensure customers are informed and protected. "This has to do with telephone companies that are transitioning their old legacy copper networks to fiber-based networks," she said, framing the bill's intent to require notice, information on service types and customer rights, and consumer safeguards during the transition.

The bill’s findings state that when a carrier moves from a copper-based network to a fiber-based network, it is "critical to ensure that existing customers have continued access to high quality reliable telecommunication service" and that the shift may affect reliability, consumer choice and access to emergency services, particularly for older adults and medically dependent customers. Committee members noted that fiber-based voice-over-IP service depends on customer power and optical network terminals; without battery backup or power, users can lose voice access during outages.

Subsection B would require a carrier proposing a transition to provide written notice by first-class mail and email to the commissioner of public service, the E-911 board and affected customers at multiple advance intervals (120, 60 and 30 days). Notices must include the expected transition date, details of service changes, whether a reasonably comparable replacement service will be offered (including pricing and terms), instructions to test auxiliary devices (alarms, medical alerts), and information about backup-power options. Notices must also link to the Public Utility Commission’s consumer-protection rules and include carrier and Division of Consumer Affairs contact information.

Beginning on or before Nov. 1 of the year the law takes effect, and annually thereafter, the bill would require each voice service provider to file a report with the Department of Public Service detailing the number of customers who purchased carrier-offered battery backups (including purchase and installation costs where applicable) and to document any known incidents in which 911 access was impaired or interrupted due to lack of backup power. The department would review outage reports submitted to the 911 board and combine telecom and utility outage data to identify areas at risk of extended 911 service outages.

Subsection F establishes enforcement authority: carriers that violate the section would be subject to the department’s penalty provisions under Title 30 and the department’s authority to seek injunctions. The bill directs the department to include findings and recommendations related to implementation and enforcement in its annual report to the General Assembly; in the next year’s report the commissioner must consider whether to recommend financial-assistance programs for low-income customers for backup-power costs and whether to recommend additional backup-power obligations for providers.

Committee members raised federal preemption concerns after staff summarized a recent FCC order that streamlines discontinuance filings and contains a preemption provision for state laws in conflict with the federal rule. The committee agreed to invite the Public Utility Commission, the 911 board and affected telecom providers to testify on the PUC’s authority, carrier-of-last-resort obligations and how preemption could affect state consumer protections.

The committee did not take a vote; it scheduled testimony from the PUC, utilities and the 911 board to answer outstanding questions about enforcement, costs and carrier obligations.