Van Drew Bill to Permit Legislature to Join Legal Action Against Verizon

TRENTON – Senator Jeff Van Drew introduced a bill that would permit the Legislature to participate in legal action taken by Cumberland County to address problems with Verizon’s landline service in South Jersey.
If passed by the Legislature, the resolution would provide the express approval of the Senate and Assembly of, and their intent to join in, the petition filed with the Board of Public Utilities by Cumberland County challenging the discontinuance of maintenance of copper wire landline infrastructure by Verizon NJ in various communities. The action also seeks to compel the company to maintain the copper infrastructure as prescribed by state and federal law.
“Residents and businesses across South Jersey have reported significant problems with their landline telephone service. The failure of Verizon to maintain its copper lines has caused public health and safety issues as well as quality of life concerns,” said Senator Van Drew (D-Cape May, Cumberland and Atlantic). “Not only does the poor condition of the infrastructure result in interruptions and, at times, inoperable telephone service, it impacts the reliability of critically important devices in residents’ homes. This measure would allow the Legislature to join the legal action before BPU and advocate on behalf of residents who are negatively impacted.”
Communities throughout South Jersey have reported widespread deficiencies impacting the safe and adequate service of voice and data transmission over copper wire landline infrastructure, including the interruption and loss of telephone service, telephone service interruptions in adverse weather conditions, and lack of audible voice service. These problems could potentially interrupt service between medical monitoring devices, smoke detectors, carbon monoxide detectors, and alarm systems that are directly linked to physicians, hospitals, and fire and police stations, and impede 9-1-1 communications.
In addition, certain communities affected by the interruption or loss of copper wire landline telephone service are located within close proximity to the State’s nuclear power plants and these communities would be especially vulnerable during a nuclear emergency if communications between emergency responders and residents were hindered by poorly maintained copper wire landline infrastructure, according to the resolution.
“Despite complaints concerning telephone service interruptions and outages from residents and businesses of the affected communities, the company has failed to repair and maintain its copper wire landline infrastructure,” said Senator Van Drew. “The lack of reliable service violates state and federal rules and must be addressed. This measure would give the Legislature the ability to speak on behalf of the communities that are suffering with unreliable service.”
In 1993, the BPU approved the Opportunity New Jersey (ONJ) plan, which provided that Verizon deploy broadband infrastructure and service throughout the State by the year 2010. In several matters before the board concerning ONJ, the BPU has held that Digital Subscriber Line (DSL) service over copper wire landline infrastructure is technologically sufficient to meet the broadband requirements. However, Verizon’s failure to maintain its copper wire landline infrastructure and the resulting interruptions in DSL service to homes and businesses prevents Verizon from meeting its broadband deployment obligations, the resolution states.
Additionally, the Federal Communications Commission has held that neglect of copper wire landline infrastructure constitutes a de facto loss of service, which may not be undertaken without certain approvals.
Cumberland County’s petition, In the Matter of Verizon New Jersey’s Discontinuance of Land Line Telecommunications Maintenance, Facilities, and Infrastructure, Docket No. T015121325, was filed with the BPU late last year. It seeks an investigation by the BPU into Verizon’s discontinuance of maintenance of its copper wire landline infrastructure and to compel Verizon to continue maintenance, as required by law, in order to provide safe, adequate and proper telephone service.