C) Pv'l L) i E). C)  
BROADBAND INTERNET, VOICE, DATA, AND MULTIMEDIA

March 6, 2012

Senator Jeffrey Kessler
President West Virginia Senate
Room 227M, Building 1

State Capitol Complex
Charleston, WV 25305

Dear Senator Kessler:

Thank you for meeting with us on Thursday, March 1,2012. We appreciate that you share our
interest in having a competitive telecommunications marketplace in West Virginia. We have
serious concerns that Frontier has created exclusionary policies within their organization to
prevent other carriers from gaining access to the fiber network currently under construction
and funded by the NTIA Grant taxpayer dollars) received by the state. Every effort,
including new legislation, should be undertaken by our legislature to thwart Frontier?s
monopolistic efforts and ensure that the citizens and businesses in West Virginia enjoy
competitive, non-discriminatory and open access to this publicly funded telecommunications
network. In that regard, we ask that you open a formal inquiry into Frontier?s manipulation of
the NTIA Grant and also support efforts to create a future fund to develop an open access
middle mile fiber network in the state (as originally intended by the NTIA Grant received by the
state). Incredibly, as originally proposed, at least 2,400 miles of fiber was to be constructed
using the public funds. Now, it appears that less than 500 miles will be constructed by Frontier.
This lack of fiber construction, coupled with the exclusionary practices described above, are
precisely the monopoly protection actions publicly predicted by Jim Martin of Citynet nearly
two years ago.

Thank you also for arranging the impromptu meeting with the State Superintendent of Schools
(Dr. Marple) and her staff. We found that we have a serious hurdle in front of us to continue to
serve the State?s K-12 schools into the future given Frontier?s exclusive access to the network
being funded by the State?s NTIA Grant. Again, we ask that you take any and all efforts possible
to compel open access to the State?s Fiber constructed by Frontier under the state?s NTIA grant.
While we do not know if it is possible, we would also ask that you seek to amend the State
MPLS Contract with Frontier to open it up to allow in the State of WV eligible to order
from the Frontier State Contract on an equal and nondiscriminatory basis when serving state
agenCIes.

 

 

CENTER . 1025 MAIN STREET, 900 - WHEELING, WV 26003
304723375343 . 877?233?5343(mu fret) - Fax: 30472335350

Erna?: - 

 

 

 

Finally, one step to aid much of the above would be your support of HB 4613 which will soon
come before the Senate Finance Committee. Although originally written as a funding
mechanism for the construction of middle mile fiber in West Virginia, it has been amended to
provide for a study of the availability and cost of true broadband in the state. We believe the
study will demonstrate the utter lack of affordable and true provided by the latest
technology at speeds urged by the FCC) broadband in the state as well as demonstrate the
exorbitant cost of that which is available. Frontier has organized an effort in opposition to H3
4613 because the results thereof may lead to further actions by the Legislature to enable
broadband competition in West Virginia. We respectfully suggest that such efforts by Frontier
are contrary to the best interests ofthe state and that HB 4613 should be passed.

   
   

SincerelyRusty 

CEO