COUNTY OF CUMBERLAND 164 W. Broad Street Bridgeton, NJ 08302 Theodore E. Baker Telephone County Counsel 856?45 3 ?2165 Fax: 8564532168 November 24, 2015 Irene Kim Asbury, Secretary Board of Public Utilities 44 S. Clinton Ave, Ninth Floor P.O. Box 350 Trenton, NJ 08625-0350 Re: IMO Verizon New Jersey Discontinuance of Land Line Telecommunications Maintenance, Facilities, and Infrastructure Dear Ms. Asbury: Enclosed please ?nd an original and ten copies of a Verified Petition together with one additional copy for the Respondent, Verizon New Jersey, in accordance with N.J.A.C. 1421-42. I am providing these documents by mail and will electronically ?le the Petition as well. I am enclosing a check payable to the Treasurer State of New Jersey in the amount of $175 in accordance with N.J.A.C. 1421-53 as there are seven separate claims for relief. Pursuant to N.J.A.C. would you please serve a copy upon the Respondent, Verizon New Jersey. By copy of this letter I am also serving a copy of this Petition on the Of?ce of Rate Counsel, Stephanie Brand, Esquire. Thanking you, I am Very truly yours, Theodore E. Baker TEB/mep enclosures cc: Stefanie Brand, Director LITHG USA cmsoa?am COUNTY OF CUMBERLAND no. 244129 NET AMOUNT Vendor: TREASURER, STATE OF NEW JERSEY PO: 15-07001 DESC: PETITION FILING 175_00 Check Date: 11/24/15 Check Amount: DETACH BEFORE DEPOSITING COUNTY OF CUMB RLAND BANK OF AMERICA 244129 OPERATING ACCOUNT 57 EAST COMMERCE STREET 164 WEST BROAD STREET BRIDGETON, NJ 08302 BRIDGETON, NJ 03302 55-33/212 NJ DATE CHECK NO. AMOUNT 11/24/15 244129 one Hundred Seventy Five AND 00/100 To THE ORDER OF VOID AFTER 90 DAYS TREASURER, STATE OF NEW JERSEY BOARD OF PUBLIC UTILITIES 44 CLINTON AVE. 9TH FLOOR TRENTON, NJ 08625-0350 biz? 1 FREEHOLDER DIREFTOR TREASURER COUNTY OF AND 164 WEST BROAD STREET - BRIDGETON, NJ 08302 Purchasing: (856} 453-2132 Accounts Payable: (856) 453-2137 ?""?urchase Order NO. 15-07001 l5 ORDER DATE: 11/24/15 BOARD OF FREEHOLDERS DELEVERY DATE: 164 BROAD STREET STATE CONTRACT: BRIDGETON, NJ 08302 ROB. BETH KOSTOK (856) 453?2125 VENDOR ACCT NUM. E55 216000508 VENDOR PHONE TREASURER, STATE OF NEW JERSEY BOARD OF PUBLIC UTILITIES 44 5/ CLINTON 9TH FLOOR Ail approvals were properly secured for this transaction and this Purchase TRENTON, NJ 08525-0350 Order is now approved for payment. ?The conditions of this order shall not be modified by any verbal understand?) Payment will be made at the following listed prices unless you notify PURCHASING prior to shipping. rs?g? Here 1 . 00 Petition Filing Fee for VERIZON LAWSUIT Official Position 175.0000 Verizon Issue TOTAL 3.75.00 COPY 2 Theodore E. Baker, County Counsel ID No. 020141979 County of Cumberland 164 W. Broad Street Bridgeton, NJ 08302 (856) 453?2165 Attorney for IN THE MATTER OF VERIZON NEW DISCONTINUAN CE OF LAND LINE TELECOMMUNICATIONS MAINTENANCE, FACILITIES, AND INFRASTRUCTURE BOARD OF PUBLIC UTILITIES Docket No. PETITION ON BEHALF OF RURAL NEW JERSEY COMIVIUNITIES TO COMPEL VERIZON NEW JERSEY TO MAINTAIN LANDLINE TELECOMMUNICATION SYSTEMS I. INTRODUCTION This Petition is being ?led on behalf of numerous rural communities within southern New Jersey seeking an order from the BPU to investigate and rectify Verizon New Jersey?s (hereinafter referred to as ?Verizon?) discontinuance of maintenance of copper landline facilities and infrastructure which are instrumental to the continued provision of adequate landline telephone and data service to New Jersey customers who are without ?ber optic service. The failure of Verizon to comply with its obligations in accordance with Opportunity New Jersey (ONJ) to provide ?ber optic service throughout the State of New Jersey and the determination by Verizon to discontinue landline maintenance will effectively cripple the capability of customers in rural areas to maintain adequate telephone, data, and internet service. If fiber optic service is not provided by Verizon then rural customers will be compelled to resort to landline service which, at best, would provide them with DSL service over existing copper landline infrastructure. In such an event, without adequate landline maintenance, all of these customers will, over time, have their telephone, data, and internet service deteriorate and such service will effectively be lost to these customers. Customers in these areas may also be compromised and at risk due to poorly operating or failures of 9?l~l communications (including reverse 9?1?1 communications) during emergencies. In addition, the migration to cellular service is inadequate in the rural areas of the State to serve as an adequate substitute for landline or ?ber optic service. This creates an enormous disparity between telecommunication service to rural areas as opposed to the more urban, developed, and af?uent areas, where it is believed Verizon is attempting to concentrate its profit centers. Verizon has provided fiber optic service availability in other areas of New Jersey but has neglected and refused to provide such service to the Petitioners? communities. This Petition is being ?led in an effort to have the Board investigate Verizon?s refusal to continue landline copper infrastructure maintenance and to issue an order or orders to Verizon requiring that landlines be maintained and preserved until such time as rural communities have been fully built out with ?ber optic telecommunication services, affording them the same quality telephone, internet, and data services as are enjoyed by other communities within the State of New Jersey. Alternately, the Petitioners assert that Verizon should be compelled to meet its Opportunity New Jersey obligations to provide statewide fiber optic service and to ensure that all areas of the State are being provided with equal service. II. EXISTING LANDLINE SERVICE WHICH IS NOT SAFE, ADEQUATE, OR PROPER REQUIRES INVESTIGATION AND ACTION BY THIS BOARD. PETITIONERS: from the County of Atlantic: City of Estell Manor, Weymouth Township; ?orn the County of Salem: Alloway Township, Lower Alloways Creek, Mannington Township, Township of Pilesgrove, and Upper Township; from the County of Gloucester: South Harrison Township, ?om Cumberland County: Commercial Township, Downe Township, Hopewell Township, Lawrence Township, Maurice River Township, City of Millville, Upper Deer?eld Township, Fair?eld Township, and the County of Cumberland hereby petition the Board of Public Utilities for investigation and an order directing and requiring that Verizon New Jersey be obligated to maintain landline infrastructure until a complete statewide built out of ?ber optic occurs, and in support thereof state the following: 1. Verizon New Jersey is an entity providing telephone, data, interact, and telecommunications services to customers within the State of New Jersey. 2. The Board of Public Utilities has jurisdiction over disputes regarding safe and adequate service by a regulated entity to its customers including but not limited to, inter alter, any association, corporation, or company that owns, operates, manages, or controls any telephone system for public use pursuant to 48:2?13. 3. Pursuant to its regulatory authority, the Board of Public Utilities has promulgated regulations, N.J.S.A. and requiring that each telephone utility shall fox. provide and maintain equipment and facilities as necessary to insure the provision of safe, adequate, and proper service. 4. The responsibilities of a public utility to provide safe, adequate, and proper service pursuant to N.J.S.A. 48:2?21 and 48:36 is well established as part of its primary obligation to serve the public interest. See, IMO Valley Road 154 224, 240 (1998). 5. Pursuant to N.J.S.A. 48:2?23, the Board of Public Utilities, after public hearing and notice may require any public utility to furnish safe, adequate, and proper service. 6. Verizon New Jersey has neglected, failed, and refused to provide adequate, and proper service pursuant to the foregoing statutory authority to residents and customers Within the Petitioners? communities. 7. Although Verizon is required to provide such service, its failure to do so, and its continued failure and refusal to meet its maintenance and repair responsibilities to ensure that safe and adequate landline telephone and data transmission are provided throughout New Jersey, is in violation of N.J.S.A. 48:3?3 which forbids a utility from providing or maintaining a service which is improper or inadequate. 8. There are numerous and widespread service de?ciencies impacting on safe and adequate service by Verizon to residents and customers in Petitioners? communities. Landline telephone service as well as data and internet transmission over landlines have been interrupted, impeded or lost altogether in adverse weather conditions, including rain, snow, wind, or fog. Static, crackling, and service interruptions impeding voice transmission, complete service outages in bad weather, and lack of audible voice transmission, have been regularly reported to the Petitioners? governing bodies. In addition, these problems not only affect voice transmission, but data and internet service as well. 9-1-1 service is also affected. Hundreds of customers have complained to the governing bodies regarding the foregoing problems. 9. By way of illustration, these complaints include but are not limited to: A municipality with landline service which, because of deteriorating and unreliable operation, cancelled its landline service and migrated to VOIP through a cable provider; another community with unreliable copper line service (and patchy cellular coverage) which has had safety communications compromised and is in close proximity to a nuclear plant. There have been numerous customer reports in every community that adverse Weather conditions (even fog and drizzle) have caused static, crackling, and loss of voice transmission on copper telephone lines and similar interruptions or loss of DSL service. Literally hundreds of such complaints have been received in the Petitioners? communities. At least one of the Petitioners? communities has also documented unreliable and incompetent measures employed to maintain or repair landline service, further compromising reliability. 10. The foregoing widespread service de?ciencies impact not only upon adequate and proper service, but also impact upon the health and safety of residents who are using landline telephone service for medical monitoring devices, smoke detectors, carbon monoxide detectors and alarm systems which are directly linked to physicians, hospitals, or to ?re and police stations. In addition, 9?1?1 communications and responses are and will be adversely affected by deteriorating landline facilities, resulting in a compromise of public safety response capability, n5n for which inconsistent cell phone coverage is an inadequate substitute. As a result of deterioration of landline transmission infrastructure these residents? health and property may be at great risk Without mandating that copper landlines be adequately maintained by Verizon. 11. In May, 2015, in connection with IMO the Board Investigation Regarding the Reclassi?cation of Incumbent Local Exchange Carrier (ILEC) Services as Competitive?Phase II, Docket No. 10905 70 (at page 31) the Board speci?cally committed to ?monitor the status of Verizon?s residential basic exchange service and other services along with the quality of service provided by the company?. 12. Accordingly, petitioners request the Board of Public Utilities to investigate the aforesaid service issues and issue an appropriate order to require the needed repairs and maintenance to landline infrastructure providing telephone, data, and internet service to the Petitioners? communities. 1 l3. Verizon?s refusal and failure to meet its landline maintenance obligations has caused and will cause signi?cant damage and harm to the residents and businesses within the Petitioner communities. Wherefore, the Petitioners request that the Board of Public Utilities undertake such inquiries and investigation as may be necessary to address Petitioners? allegations and to issue such order or orders as may be necessary to prevent existing and future damage and harm to Petitioners? communities. Ill. LACK OF MEASURABLE PERFORMANCE STANDARDS BY VERIZON NEW JERSEY. 1. In accordance with a telephone utility is required to ?take measurements of its performance in relation to the standards of 14: l9?lA.8. 2. Such records should be retained for not less than 18 months and reported to Board staff under certain specified circumstances, including but not limited to a request of Board staff, or if service standards have not been met for three consecutive months. 3. Pursuant to each telephone utility shall insure that statewide average rates of customer trouble reports to the utility . .. shall not exceed 8 per 100 lines per month.? 4. Petitioners aver and allege that the reports of service problems with landline infrastructure including telephone, data, and internet transmissions exceed the standards applicable in N.J.A.C. and that the record of service histories is signi?cantly lower than the actual incidence of such problems. 5. Petitioners aver and allege that Verizon has manipulated its customer complaint records to such an extent that underreporting has occurred, and moreover that reported incidents of service problems have not been appropriately maintained or compiled. 6. The lack of response to customer complaints and the lack of data, when contrasted with numerous complaints to the petitioners concerning outages of service, lack of service altogether, interrupted service, and other related problems has been so extensive that petitioners aver and allege that Verizon has discouraged or diverted reporting of such problems or has failed to accurately record reporting of service problems such that they are in violation of the quality service standards set forth in N.J.A.C. and reporting requirements set forth in N.J.A.C. 7. Because of misleading and inaccurate quality of service reports and a lack of adequate response and cataloging of such complaints, petitioners request that this Board investigate quality of service issues independently, engage in fact ?nding, and issue such orders as may be necessary to require and enforce obligations imposed upon Verizon New Jersey to comply with both service quality standards and service quality reporting as required pursuant to the regulatory standards. 8. Verizon?s failure to maintain adequate quality service and quality reporting records has prevented an accurate assessment of the damage and harm to Petitioners? communities from - being measured, thereby contributing and causing a continued lack of adequate and proper service to these communities. WHEREPORE, Petitioners request that the BPU initiate such inquiries and investigation as may be necessary to address Petitioners? allegations and to issue such order or orders as may be necessary to require that accurate service quality standards and reporting are complied with by Verizon. IV. VERIZON NEW JERSEY HAS VIOLATED SERVICE STANDARDS T0 CUSTOMERS IN PETITIONERS COMMUNITIES UNDER FEDERAL LAW. 1. Pursuant to federal communication standards and ?ndings IMO Technology Transitions, GN Docket No. 13?5, FCC 15?97, (adopted August 7, 2015 at page 50) the FCC speci?cally determined that .. allowing copper networks to deteriorate is harmful to competition, negatively impacting end users, and that de facto retirements should be covered in the copper retirement requirements. We therefore add to our de?nition of retirement ?any failure to maintain copper loops, subloops, or the feeder portions of such loops or subloops that is the ?metional equivalent of removing or disabling?. 2. In addition, it has been held by the Federal Communication Commission that neglect of copper lines may, in effect, constitute a de facto retirement or a loss of service in accordance with 47 214(a). That section speci?cally states that ?No carrier shall discontinue, reduce, or impair service to a community, or part of a community, unless and until there shall ?rst have been obtained from the Commission a certi?cate that neither the present nor future public convenience and necessity will be adversely affected thereby.? 3. Verizon has engaged in an effort to de facto impair service or engage in retirement or discontinuance of landline service and infrastructure deliberately and intentionally in Violation of 47 214(a). 4. Because the Federal Communication Commission will rely upon this Board?s service quality standards to measure a potential impairment of service, see IMO Technology Transitions at page 113, the pet'tioners aver and allege that Verizon New Jersey?s discontinuance, impairment, and retirement of landline service constitutes impairment, loss, or retirement of service and that this Board should undertake the necessary investigation and determination as to an impairment or loss of service and to take such measures as may be required to order and direct that Verizon refrain from impairment of service and comply with service quality standards and service quality reporting requirements as mandated by existing State regulations to ensure that adequate, safe, and proper service is provided to Petitioners? commun'ties. 5. As a result of Verizon?s refusal or failure to comply with Federal law pursuant to 47 214(a) the residents and businesses in Petitioners? communities have suffered and will continue to suffer damages and harm arising ?om Verizon?s continued efforts to discontinue landline and copper infrastructure maintenance. WHEREFORE, Petitioners request that the BPU initiate such investigation and inquires as may be necessary to address Petitioners? allegations and issue such order or orders as may be necessary to require that impairrnent of, discontinuance of, or retirement of safe, adequate, and proper landline service to Petitioners? communities is prevented. V. THIS BOARD SHOULD UNDERTAKE TO RECLASSIF VERZON NEW BASIC TELEPHONE SERVICE IN ACCORDANCE WITH N.J.A.C. 1. On or about May 19, 2015, the Board of Public Utilities approved a Stipulation Agreement with Verizon New Jersey pursuant to which a reclassi?cation was granted of Verizon?s ILEC (Incumbent Local Exchange Carrier) services as competitive pursuant to glow 2. In that proceeding, IMO of the Board of Investigation regarding the Reclassi?cation i Incumbent Local Exchange Carrier Services as Competitive, Phase II, Docket No. TX11090570 (5/19/15) numerous parties opposed the agreement including municipalities and the League of Municipalities. 3. Due to a signi?cant lack of meaningful competition in the Petitioners? communities there is a lack of widely available VOIP through ?ber optic or cable service and there is no widely available and reliable cell phone service. Despite coverage mapping indicating that cell coverage is available throughout many, if not all of Petitioners? communities, such mapping is patently lacking in accuracy and gaps in cell phone service exist throughout Petitioners? communities (see State Broadband Map and coverage issues existing in Cumberland and Burlington Counties, In addition, voice over internet protocol (VOIP) is also not widely available and cable service in rural areas through which telephone communications could be provided, is not widely available, and if available is only available in the more densely populated areas of the Petitioners? communities. 4. As a result of the lack of services mentioned in the preceding paragraph, there is a ?lack of like or substitute services in the relevant geographic area? N.J.A.C. 14:10?56. This problem is exacerbated by Verizon?s refusal to meet its Opportunity New Jersey (ONJ) ?ber optic build out of the entire State of New Jersey. 5. As a result of the problems encountered respecting Verizon?s service, together with its service quality standards and service quality reporting, there is a lack of appropriate and -1 1n {Minx meaningful competition with respect to telephone and telephone communications, internet and data services. 6. Pursuant to the Board of Public Utilities can not only monitor the competitiveness of telecommunications services and/or providers, but can also request information to conduct an analysis as to whether or not such services are becoming more or less competitive. It is respectfully requested that such an investigation, monitoring, and requests for necessary information should be undertaken by the Board. 7. Pursuant to N.J.A.C. 14:10?56 the Board of Public Utilities has the authority to reclassify a service that had previously been found to be competitive if, after notice and a hearing, one or more of conditions set forth therein are met; Included among those conditions are such criteria as a lack of significant presence of competitors, the lack of substitute or like services in a relevant geographic area or the failure of a carrier to provide safe, adequate, or proper service. Additional reasons include that the public interest is no longer served by regulatory ?exibility that has been provided to a carrier. 8. Providing the Petitioners? communities with safe, adequate, or proper service and a reclassi?cation of Verizon pursuant to N.J.A.C. 14:10?55 .6 should be undertaken pursuant to investigation, notice, and hearing to reclassify Verizon?s basic telephone service in accordance with N.J.A.C. 14:10-56. WHEREFORE, Petitioners request that the BPU undertake a reclassification review of Verizon?s basic telephone service and its competitive and noncompetitive business operations pursuant to N.J.A.C. _12_r VI. VERIZON NEW JERSEY HAS FAILED TO MEET ITS OPPORTUNITY NEW JERSEY (ONJ) OBLIGATIONS. 1. On April 23, 2014, the Board of Public Utilities approved a Stipulation Agreement betWeen Verizon and staff regarding obligations of Verizon pursuant to Opportunity New Jersey (see IMO Verizon New Jersey, Inc?s Alleged Failure to Comply with Opportunity New Jersey Commitments, Docket No. T012020155 (4f24/14). 2. Pursuant to that Stipulation (at page 14) the Board?s order states that ?The utilization of DSL to ful?ll ONJ obligations has not been an issue over the years and thus the Board has considered DSL acceptable to meet the ONJ broadband requirement. [Verizon] has reported DSL deployment as the means of deployment towards its ONJ commitment for many years and it has not been asserted in the past by the Board that DSL in any way is insufficient.? 3. However, Verizon itself has conceded the importance of ?ber optic build out and the inferior quality and performance of copper land line telecommunications service. See LMQ Rate Counsel?s Request for an Investigation into Verizon New Jersey?s Continued Use of its Copper and Migration from its Copper Infrastructure, Page 2, BPU Docket No. T015060749 Where Verizon stated . .. ?ber provides the best and most reliable platform to meet customer?s communications needs now and into the future?. Despite this acknowledgement Verizon persists in its efforts to renege upon its commitment to complete statewide ?ber optic build out and instead attempts to rely upon inferior and poorly maintained (if at all) cooper based infrastructure. _13_ 4. Given the Stipulation between Verizon and the Board staff regarding Verizon?s obligations under Opportunity New Jersey and Verizon?s subsequent declaration to discontinue landline infrastructure maintenance, the deterioration of and eventual loss of DSL and telephone service becomes an inevitability. Moreover, numerous complaints are already being received within the Petitioners? communities that many residents have interruptions to their internet DSL service and it becomes unavailable or blocked as heretofore described. 5. Digital subscriber lines (DSL) require dependable land line copper infrastructure which, due to a lack of maintenance, will deteriorate and render DSL service unreliable or unavailable to provide safe and proper service to Verizon?s customers. 6. As a result of Verizon?s intention to discontinue copper land line infrastructure maintenance, Verizon is not and will not meet its ONJ obligations. It is, therefore, requested that this Board investigate or take appropriate action to ensure that ONJ commitments by Verizon to provide safe, adequate, and proper DSL and telephone service. 7. The Petitioners? communities and residents and businesses therein have been caused and will be caused future harm and damage arising from Verizon?s failure to meet its Opportunity NJ obligations. WHEREFORE, Petitioners request that the BPU investigate Petitioners? allegations and issue such order or orders as may be necessary to enforce Verizon?s compliance with its Opportunity NJ obligations. _14_ VII. AS A RESULT OF ITS FAILURE TO MAINTAIN LANDLINE INFRASTRUCTURE, VERIZON HAS VIOLATED N.J.S.A. BY MISDIRECTING FUNDS FROM ITS RATE REGULATED BUSINESS IN ORDER TO SUBSIDIZE ITS COMPETITIVE SERVICES. 1. Pursuant to 4822?16, the Board of Public Utilities has supervisory and regulatory powers over every public utility. Such regulatory power includes but is not limited to compliance with the laws of the State, any municipal ordinance, or the charter of the public utility. Verizon is subject to the aforesaid regulatory power. 2. Included among the regulatory powers to which Verizon New Jersey is subject, the Board may investigate, on its own initiative, or upon a complaint, any matter concerning a public utility including the condition of property of a public utility pursuant to 48:2?19, as well as testing the products or equipment of a utility and the service it provides to its customers, pursuant to 48 22?20. 3. Pursuant to 4822?2118, Verizon New Jersey is a local exchange telecommunications company regulated under an alternative form of regulation. Pursuant to such an approved plan, Verizon is required to not ?unduly or unreasonably prejudice or disadvantage a customer class or providers of competitive services.? Further, the regulatory framework must be in the public interest, and enhance economic development together with a program of service quality standards. 4. In addition, any local exchange telecommunications company which is subject to an alternative form of regulation pursuant to shall not use revenues earned or expenses incurred in conjunction with noncompetitive services to subsidize competitive services. N.J.S.A. also prohibits telecommunications companies from making or imposing unjust preferences, discriminations, or classi?cations for noncompetitivc services. 5. Verizon has earned revenues from noncompetitive services and should be prohibited from using such revenues earned in conjunction with noncompetitive services to subsidize its competitive services including cable and internet services. 6. Verizon has earned and used revenues which have not been expended for their intended purpose to provide noncompetitive service throughout the State of New Jersey and instead is using such revenue for competitive services to its economic bene?t. 7. Petitioners allege and aver that Verizon has misused money which was intended to be utilized for a noncompetitive services including its telephone service over copper landline infrastructure and has instead diverted such funding into its competitive unregulated business contrary to N.J.S.A. 8. Further, petitioners believe and allege that based upon the volume of complaints concerning current landline services provided by Verizon, that Verizon has diverted revenue from noncompetitive service to subsidize its competitive services while at the same time unreasonably prejudicing or disadvantaging a customer class, rural and lower income users, has failed to enhance economic development, and has failed to insure the affordability and viability of protected telephone services, all in violation of N.J.S.A. 482?2118 and N.J.S.A. 482241.19. Petitioners, therefore, request that this Board investigate the utilization of Verizon New Jersey?s funds derived from Opportunity New Jersey to insure that such funding is being and will be used in accordance with statutory and regulatory requirements and to conduct such _15n necessary investigation and take such other action as may be appropriate to enforce legal compliance with respect to the use and misuse of such revenue. Such a review should include, as the Board may direct, ?an independent audit or accounting as may be necessary to allow a proper allocation of investment, costs, or expenses, subject to the jurisdiction of the Board? pursuant to N.J.S.A. WI-IEREFORE, Petitioners request that the BPU investigate Petitioners? allegations respecting Verizon?s alleged violation by Verizon of N.J.S.A. 482421.18 regarding the use of income from its regulated business to fund its competitive services and issue such order or orders as may be necessary to prevent such a misuse ?om occurring in the future. THIS BOARD SHOULD ASSIST COMMUNITIES TO OBTAIN COMPLETE FIBER OPTIC BUILD OUT. 1. Petitioners are rural communities or contain portions of rural areas which are underserved with respect to the most modern and up to date telephone, data, and internet service. 2. In the event that regulated providers of such services such as Verizon either fail to or are not required to provide adequate, modern, and up to date service to residents in Petitioners? communities, such that Verizon will enhance economic development while maintaining affordable rates, as required by law, Petitioners? communities will experience lack of economic growth and deterioration of economic opportunities, including but not limited to educational opportunities for students and families living within the Petitioners? conununities. m17__ I Mum?- 3. As recognized by the Broadband Opportunity Council Report and Recommendations, August 20, 2015 (at 6) rural and tribal regions of the nation have inadequate coverage to meet community needs. See, National Telecommunication and Information Administration, US. Dept. of Commerce, Broadband Opportunity Council Report and Recommendations, August 20, 2015, and March 23, 2015, Presidential Memorandum ?Expanding Broadband Development and Adoption by Addressing Regulatory Barriers and Encouraging Investment Training.? 4. In addition, adequate service today has .. steadily shi?ed from an optional amenity to a core utility for households, businesses, and community institutions, and is taking its place alongside water, sewer, and electricity as essential infrastructure for communities.? See, Broadband Opportunity Council Report at page 12. 5. As a means toward insuring that all residents and communities within the State of New Jersey have equal access to communication facilities for voice, data, and internet services, petitioners are requesting that the Board of Public Utilities take such steps and engage in such investigation and efforts as may be required and necessary to insure that alternative forms of funding and development opportunities exist for Petitioners? communities to insure that adequate, affordable, and the most modern and up to date telephone, internet, and data communication facilities are available to the residents and business in such communities. 6. Petitioners, therefore, urge and request that this Board investigate alternative funding sources, measures, and opportunities that will insure that Petitioners? communities are not placed in a disadvantaged position with respect to telephone, data, and internet services as compared to other areas within the State of New Jersey. 48., 7. One such resource source may be the Connect America Fund, but the petitioners are unaware that any steps have been taken by the State of New Jersey or by this Board to insure that such funding mechanisms and opportunities, Via alternative means to insure adequate communications and internet services, have been undertaken either by this Board or the State of New Jersey. 8. Accordingly, the petitioners request that this Board engage in and take such steps and measures to assist Petitioners? communities to insure that telephone communications, data, and internet services are equally available to the residents of Petitioners? communities as they are in other areas of the State of New Jersey. petitioners request appropriate relief from the Board of Public Utilities in order to address the aforesaid issues and complaints brought before the Board including an order or orders directing Verizon to respond to the allegations herein and the initiation of an investigation of Petitioners? allegations. Respectfully mitt d, Dated: By: eodore E. Bal er Atto or _Pe tioners _1g_ VERIFICATION I, Theodore E. Baker, Esquire, of full age, certify and say as follows: 1. I am County Counsel to the County of Cumberland. I have read the foregoing Petition and the factual allegations contained therein are true and accurate to the best of my information, knowledge, and belief. I am aware that if the I certify that the foregoing statements made by me are . Dated: H/Qq/(y _20_