The Quickening Pace of Landline Retirement

Sooner rather than later, landline telephone service will completely transition to wireless and Internet-based calling, commonly referred to as Voice Over the Internet Protocol ("VoIP").  While the FCC, for over a decade, has precluded a “flash cut” service termination, I expect the timeline for copper wire service retirements to shorten. Last year, the FCC removed a federal statutory obligation for landline, copper service where “Plain Old Telephone Service” alternative service exists. See https://docs.fcc.gov/public/attachments/FCC-19-72A1_Rcd.pdf.     Recently, AT&T sought removal of its status as “Carrier of Last Resort” legally obligated to provide wireline phone service in California  See https://docs.cpuc.ca.gov/PublishedDocs/Efile/G000/M502/K977/502977267.PDF; and https://www.rcrcnet.org/cpuc-announces-public-hearings-att%E2%80%99s-request-discontinue-landline-service.

I terminated landline service with reservations that had kept my household wired for years. I miss the “toll quality” sound, ability to send faxes with ease, and having a standalone answering machine that readily shows inbound voicemails.  I can see how so-called Digital Immigrants might not want to ascend the learning curve on setting up wireless voicemail and programming smartphones to provide notification of calls to a virtual mailbox for messages.

The big problem, particularly for specific households like the elderly, and homes with fax machines, burglar alarms, health monitoring, is the added risks and burdens that consumers must bear.  Landlines use power provided by the telephone company, while wireless and VoIP require home-based power. Cellphones need daily recharging, or the use of portable battery packs.  VoIP calling requires modems and special terminals that may run out of backup battery power after a few hours.

The recent floods in California, Superstorm Sandy, hurricanes, tornados, earth quakes, volcanic eruptions etc. trigger days long power outages. Wireline phone service rarely fails

A few statistics worth noting about 30% of all U.S. households still have landline service, but most also have a wireless option. 75% of households with Seniors and people with certain medical conditions still rely on landline service.  Fewer than 5% of Digital Natives, i.e., people less than 25 years of age, have landline service.

I anticipate a faster pace of landline service closure requests to state Public Utility Commissions like that from AT&T in California.  Because landline service involves local and intrastate service, state PUCs (not the FCC) have jurisdiction.

I expect consumer friendly state regulators, to hold public hearings and to impose tough requirements before agreeing to service terminations.  I anticipate a reduction to single digit national market penetration within the next few years.  The top 100 urban markets should see service closure in the next 2-3 years. The Today Show for Feb. 8, 2024 has a piece that includes my forecast; see https://www.today.com/video/phone-companies-phase-out-landlines-in-homes-203846213929?search=landline%20telephone%20service%20terminations.

Telephone Pedestals and the Second Amendment

            Once upon a time when telephone companies provided service via wires these companies secured free rights of way to install equipment and lines.  In many locations the companies replaced telephone poles with underground conduits.  When telephone companies needed to splice a service line to a home or business they installed a pedestal above ground.  These metal or plastic pedestals do not have a pleasing appearance even with the use of forest green coloration.  They were necessary splice points where telephone company technicians connected and disconnected service.

            Now that telephone companies want to provide anything but wireline telephone service it strikes me that they should lose the rights of way granted to them by state public utility commissions.  If a company does not provide common carrier telecommunications services, then surely it has no public utility right to take a portion of my property for their use free of charge.  Right?

            I mean if a telephone company no longer wants to serve as the carrier of last resort—or first resort for that matter—then they in effect should be deemed to have abandoned their right to secure a property interest in my land.  As information service providers, like VoIP service providers, former telephone companies no longer should have the right of eminent domain granted by states to bona fide public utilities.   It seems straightforward to me: if a common carrier opts to abandon its common carrier duties, then it should lose its rights of way over private property for lines that no longer provide common carrier services, and possibly won’t provide anything at  all.

            So when my telephone company terminates PSTN service access on my property, they can pull out their copper and by the way be sure to pull out the pedestal while you’re at it.  Oh and by the way, I don’t want to ever see you again on my property.  Going forward you would become a trespasser and I reserve all my Second Amendment rights to brandish a weapon to encourage one of your few information service contractors or employees to leave.

             Gee . . maybe the Tea Party, the National Rifle Association and I have something in common.