A1100 Assembly Statement 12/15/22

These floor amendments make various changes to the bill, including requiring the removal of certain “copper telephone lines,” revising the definition of “abandoned” lines, revising certain requirements concerning the removal and marking of lines, allowing additional persons and entities to request the removal of suspected abandoned lines, establishing reporting requirements for certain entities owning suspected abandoned lines, and establishing penalty provisions for entities that fail to comply with certain requirements of the bill.

Notably, the amendments require the owners of certain copper telephone lines, including those lines that have been retired by an incumbent local exchange telecommunications company and are no longer in operation, to remove each line from all points of attachment. As amended, the bill requires an entity owning one or more copper telephone lines in the State to submit a written plan to the Board of Public Utilities (BPU) for the removal of each copper telephone line. In addition to any other requirements imposed by the BPU, the entity would be required to remove: (1) all copper telephone lines within 10 years following the submission of this report; and (2) no less than 10 percent of the copper telephone lines during each year of this period. The amendments also permit the BPU to impose a fine on any entity that fails to comply with these requirements.

In addition, the amendments revise the definition of “abandoned” to include any telecommunications or cable line that has not been in operation for a period of at least 24 consecutive months. As introduced, this term would only have included lines that have not been in operation for a period of at least 12 consecutive months. However, the amendments also exclude the following lines from the definition of “abandoned”: (1) any line that is overlashed; or (2) any line that is connected to a residential or commercial building or structure, which line is located in an area in which the owner of the line acts as a provider of telecommunications or cable television service, and for which line a written request for removal has not been submitted pursuant to the bill.

The amendments also impose certain additional requirements upon entities that own lines within the State. Specifically, the amendments provide that when an entity that owns one or more lines in the State ceases to do business in the State, the entity would be required to remove the lines from all points of attachment, except not including any lines for which the ownership is transferred to another entity and the line is not otherwise deemed to be abandoned.

Additionally, the amendments revise certain provisions of the bill concerning the marking of lines. As introduced, an entity that installs or maintains a line would have been required to mark certain information on both ends of all lines owned by the entity. As amended, the bill instead provides that an entity would only be required to mark lines that are attached to a building or structure and that these markings would be required in the following circumstances: (1) when the entity installs a new line after the effective date of the bill; and (2) for any line installed before the effective date of the bill, when the entity discovers that the line does not contain the required markings. The amendments also require these markings to be made on the end of the line attached to the adjoining building or structure.

The amendments also revise the process in which certain persons may submit a written request to remove a suspected abandoned line. As introduced, the bill permitted the owners of a pole, building, or structure to submit a written request for the removal of a suspected abandoned line, which request would be sent to the entity owning the line. As amended, the bill would also permit any person, municipality, utility, or corporation in the State to submit a written request to the BPU for the removal of a suspected abandoned line. In this circumstance, the BPU would be required to transmit a copy of the request to the entity owning the suspected abandoned line within five business days. In contrast, when a written request is sent to the entity owning the suspected abandoned line by the owner of the pole, building, or structure to which the suspected abandoned line is attached, the amendments also require the entity to forward a copy of the request to the BPU within five business days.

The amendments require the BPU to prescribe the form and manner in which these written requests may be submitted. However, the amendments provide that in either circumstance, the written request may be submitted using the official Internet website of the BPU or entity, as applicable. The amendments also provide that within 11 months of the effective date of the bill, the BPU’s website and the website of each entity owning one or more lines in New Jersey would be required to provide instruction concerning the submission of written requests to remove suspected abandoned lines.

As amended, the bill also provides that within 30 calendar days after receiving a written request to remove a suspected abandoned line, the entity would be required to submit a report to the BPU, including (1) an assessment of whether the line is abandoned; (2) a determination of whether the line contains the markings required under the bill; (3) a description of all actions undertaken by the entity with respect to the line, including any actions to remove or mark the line; and (4) any other information that may be required by the BPU.

The amendments also authorize the BPU to impose a fine on any entity that violates certain requirements of the bill concerning the removal and marking of certain lines. Before imposing a fine, the BPU would be required to provide written notice of the alleged violation to the entity. Within 30 calendar days of receiving this notice, the entity would be permitted to cure the alleged violation or demonstrate that a violation has not occurred. Thereafter, the BPU may impose a fine of $100 for each day in which the violation exists, beginning on the 31st calendar day after the submission of the written notice. In determining whether to impose a fine, the board may consider certain factors set forth in the bill, as amended.

The amendments also change the synopsis of the bill, revise the definition of “telecommunications service,” provide a definition for “cable television service,” revise the definition of “line” to include those used for the provision of cable television service, and remove certain provisions of the bill, including a requirement for the BPU and Department of Community Affairs to adopt regulations necessary to implement the bill.