There's a problem with all of this-- Verizon's entire Fiber-to-the-home networks are classified as Title II, Common Carriage, telecommunications service. -- Already.
Verizon did this to get the state-based utility rights of way as well as charge the construction budgets to phone customers -- especially those using the copper wires and who may never get upgraded.
Shame they never told the FCC or the courts or the public this fact-- and continues to claim Title II harms investment when it's a cash machine for Verizon today-- at the customers' expense.
From the Verizon New Jersey's FiOS cable TV franchise agreement, renewed this year, 2014. -- All of the hundreds of franchises uses similar if not identical language.
"Verizon NJ has been upgrading its telecommunications facilities in large portions of its telecommunications service territory so that cable television services may be provided over these facilities. This upgrade consists of deploying fiber optic facilities directly to the subscriber premises. The construction of Verizon NJ's fiber-to-the-premises FTTP network (the FTTP network) is being performed under the authority of Title II of the Communications Act of 1934 and under the appropriate state telecommunications authority granted to Verizon NJ by the Board and under chapters 3 and 17 of the Department of Public Utilities Act of 1948. The FTTP network uses fiber optic cable and optical electronics to directly link homes to the Verizon NJ networks.
"Pursuant to the NJSA 45:5A-15, telecommunication service providers currently authorized to provide service in New Jersey do not require approval to upgrade their facilities for the provision of cable television service.
"As such any construction being performed in the public rights of way is being undertaken pursuant to Verizon NJ authority as a telecommunication service provider."
Verizon did this to get the state-based utility rights of way as well as charge the construction budgets to phone customers -- especially those using the copper wires and who may never get upgraded.
We filed comments at the FCC about this.
http://newnetworks.com/fcctitleiiletter/
Shame they never told the FCC or the courts or the public this fact-- and continues to claim Title II harms investment when it's a cash machine for Verizon today-- at the customers' expense.
From the Verizon New Jersey's FiOS cable TV franchise agreement, renewed this year, 2014. -- All of the hundreds of franchises uses similar if not identical language.
"Verizon NJ has been upgrading its telecommunications facilities in large portions of its telecommunications service territory so that cable television services may be provided over these facilities. This upgrade consists of deploying fiber optic facilities directly to the subscriber premises. The construction of Verizon NJ's fiber-to-the-premises FTTP network (the FTTP network) is being performed under the authority of Title II of the Communications Act of 1934 and under the appropriate state telecommunications authority granted to Verizon NJ by the Board and under chapters 3 and 17 of the Department of Public Utilities Act of 1948. The FTTP network uses fiber optic cable and optical electronics to directly link homes to the Verizon NJ networks.
"Pursuant to the NJSA 45:5A-15, telecommunication service providers currently authorized to provide service in New Jersey do not require approval to upgrade their facilities for the provision of cable television service.
"As such any construction being performed in the public rights of way is being undertaken pursuant to Verizon NJ authority as a telecommunication service provider."