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Verizon's FiOS Fiber to the Premise (FTTP) Networks are Already Title II in Massachusetts, Maryland, Florida, New Jersey, District of Columbia, Pennsylvania, New York...

07/19/2014 03:39 pm ET | Updated Sep 18, 2014

(Filed as comments in the Net Neutrality proceedings)

Verizon New York, cable franchise, 2005

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While Verizon has continuously told anyone who will listen that using the Title II classification for its broadband networks would harm innovation and investment, Verizon appears to have failed to disclose a basic fact to regulators and the courts:

FiOS uses a FTTP, 'fiber to the premises' network which has been based on the Title II, common carriage, telecommunications classification for about a decade. Why? Title II gives Verizon the ability to use the existing telecommunications rights of way, but it also has allowed Verizon to use basic phone customers as defacto investors through multiple rate increases to fund this FTTP network, which we documented in New York State. See our report: 'It's All Interconnected" (which we have also filed in this proceeding.)

Here are quotes from some of Verizon's cable franchises in Massachusetts, Pennsylvania, Maryland, Florida, New Jersey, District of Columbia and New York. However, we believe this is happening in every Verizon territory.

IMPORTANT: Verizon has never revealed to the FCC that their premier fiber optic-based FiOS service is already using the Title II classification in any documents, filings or comments we could find, nor anything submitted to or in front of the US courts, including the recent case against the FCC.

We question whether the Court would have made the same verdict if they were informed that Verizon, while telling the court one thing, was in reality using Title II in every state and in every FTTP deployment, not to mention the ease of charging basic rate customers for the construction of the FTTP networks.

Verizon Cable Franchises and Title II

New York State, additional quote, Verizon cable franchise

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Abgington Massachusetts, Verizon cable franchise, 2008 2014-07-19-VerizonMAFiOSFTTP.png

District of Columbia, Verizon cable franchise application, 2007

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Tampa, Florida, Verizon Cable Franchise

"SYSTEM OPERATION. The parties recognize that Franchisee's FTTP Network is being constructed and will be operated and maintained as an upgrade to and/or extension of its existing Telecommunications Facilities. The parties agree that the LFA cannot assert authority pursuant to this Agreement over Franchisee's FTTP Network, except to the extent such facilities, if any, are used exclusively to provide Cable Service and are located in the Public Rights-of-Way.

WHEREAS, Franchisee is in the process of installing a Fiber to the Premises Telecommunications Network ("FTTP Network") in the Franchise Area for the transmission of Non-Cable Services; and
WHEREAS, the FTTP Network will occupy the Public Rights-of-Way within the LFA, and Franchisee desires to use the FTTP Network once installed to provide Cable Services in the Franchise Area; and

2.2 LFA Does Not Regulate Telecommunications: The LFA's regulatory authority under Title VI of the Communications Act and this Agreement is not applicable to the construction, installation, maintenance or operation of the Franchisee's FTTP Network to the extent the FTTP Network is constructed, installed, maintained or operated for the purpose of upgrading and/or extending Verizon's existing Telecommunications Facilities for the provision of Non-Cable Services.

1.8 Cable System or System: The Cable System shall not include Telecommunications Facilities or the tangible network facilities of a common carrier subject in whole or in part to Title II of the Communications Act

1.10 Communications Act: The Communications Act of 1934, as amended.

Arlington Massachusetts, Verizon cable franchise 2007

2014-07-19-ArlingtonMAVerizonfiostitleII.png Town of Tredyffrin, Pennsylvania, Verizon cable franchise.

2014-07-19-VerizonPAfiostitle2.png Montgomery County Maryland, Verizon cable franchise. 2006

2014-07-19-VerizonMDFiOStitleii.png New Jersey, Verizon system-wide cable franchise, renewed, 2014

"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."