

Rep. Waxman Proposes a Third Approach to Net Neutrality - Fjolsvith
http://techcrunch.com/2014/10/04/rep-waxman-proposes-a-third-approach-to-net-neutrality/?ncid=txtlnkusaolp00000591

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kushnick
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.

We filed comments at the FCC about this.

[http://newnetworks.com/fcctitleiiletter/](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."

