The FCC today imposed new rules on carriers that intend to turn off copper networks and replace them with fiber, but said that carriers should feel free to make the switch as long as they keep providing the same services to customers.

As before, carriers still need approval from the FCC before shutting off copper networks in cases where they intend to reduce or discontinue service. "However, carriers will retain the flexibility to retire their copper networks in favor of fiber without prior Commission approval—as long as no service is discontinued, reduced, or impaired," the commission said in its announcement.

One new rule approved today "for the first time requires providers to directly notify retail customers—including consumers and businesses—of plans to retire copper networks at least three months in advance," the FCC said.

Today's vote should make it clear to carriers they if they want to shut off copper and install fiber, they should go for it—as long as they keep consumers informed, FCC Chairman Tom Wheeler said. A shift to fiber shouldn't relieve carriers of their responsibilities to customers, he said.

"Changing technology does not change responsibility," Wheeler said. "Fiber brings great cost savings, great efficiencies, and great opportunities for new services. But it does not bring the opportunity to walk away from the responsibilities that govern the relationship between those who build and those who use the facilities."

Fiber allows much greater Internet speeds than copper, but it does have one downside for landline phones. While copper-based phones can continue to work during power outages by drawing electricity from the central office, fiber-based phones shut off when the power goes out.

That's why the commission voted in a separate item to require phone providers—including cable companies with VoIP services—to tell new and existing customers about this power limitation and offer the option to buy backup battery systems. Phone providers will have to offer an 8-hour backup to begin with, but within three years will be required to offer an option for 24 hours of standby power.

"Today’s action will empower consumers to make informed choices and support their need for 911 service during emergencies," the commission said.

Though the battery requirement still falls short of copper landlines that stay on indefinitely during local power outages, a 24-hour backup could last multiple days if customers only power it on when absolutely necessary. Customers could also buy extra batteries to make a backup system last multiple days, though this could be cumbersome. Verizon's current system requires 12 D-cell batteries to power 20 to 24 hours of phone service.

Consumer advocacy group Public Knowledge applauded the FCC's actions overall, but said the backup power requirements fall short. "First, the required 8 hours of backup power is much shorter than typical duration of outages seen in recent natural disasters such as Superstorm Sandy," Public Knowledge said. "Second, the burden of paying for the backup power falls solely on consumers, making it difficult for low income consumers to have basic communications during emergencies."

Industry: New rules will slow fiber construction

The FCC enacted the backup power requirements without any dissenting votes. But there was some controversy. The new copper shutoff notification requirement was passed as part of a larger ruling that also addresses services offered to competing carriers.

Smaller carriers sometimes buy network access from incumbents in order to serve small businesses, schools, libraries, health care facilities, and government offices, the FCC noted. Today's vote prevents carriers from discontinuing these services when they shut off copper networks, requiring that "replacement services be offered to competitive providers at rates, terms and conditions that are reasonably comparable to those of the legacy services," the FCC said. This is an interim measure that will be in place until the FCC completes a separate proceeding that will examine this market in more detail.

Carriers will also have to provide six months notice to interconnecting carriers before shutting off copper networks, instead of the three months that was required before today's vote.

Republican commissioners Ajit Pai and Michael O'Rielly voted against these new requirements, arguing that they will slow fiber deployments.

The Internet Innovation Alliance (IIA), which represents AT&T, network equipment makers, and some conservative lobby groups, argued that the FCC shouldn't require carriers to keep offering service to interconnecting carriers.

“Giving a select group of competitors, which continue to rely on the copper telephone network due to their failure to invest in their own advanced networks, the ability to influence copper retirement plans creates harmful market incentives that ultimately favor some providers over others, and runs contrary to the Administration and FCC’s National Broadband Plan goal of modernizing our nation’s communications networks for the benefit of the American consumer," the IIA said.

One thing left unsettled is what will happen to residential customers in areas where carriers don't believe it's profitable enough to install fiber. Some customers could end up with wireless as their only option after copper gets shut off in the coming years. Carriers such as AT&T and Verizon have also been accused of letting copper networks degrade, both in areas where they intend to upgrade to fiber and in areas where copper remains the primary option. The FCC has said it will define "retirement" of copper networks "in such a way to prevent retirement of networks by neglect (sometimes referred to as 'de facto' retirement)."

While carriers have to get FCC permission before discontinuing, reducing, or impairing service, the FCC today noted that it "has never codified the criteria used to evaluate and compare replacement and legacy services." Thus, the commission is seeking comment on criteria to be used, including "support for 911 services and call centers; network capacity and reliability; quality of both voice service and Internet access; interoperability with devices and services, such as alarm services and medical monitoring; access for people with disabilities, including compatibility with assistive technologies; [and] network security."