BEFORE THE
PENNSYLVANNIA PUBLIC UTILITY COMMISSION

Press Release

To read other materials including the original complaint.

Click here for the "Word" version with footnotes

January 12th, 2003

In February 2003, Teletruth filed a Complaint with the Pennsylvania Public Utility Commission (PPUC) pertaining to Verizon, PA's broadband obligations under Chapter 30. Because of some procedural matters, this complaint was returned. Teletruth now refiles this Complaint with additional materials.

The Commitments:

"In view of Bell’s commitment to providing 45 Mbps for digital video transmission both upstream and downstream, we look forward to Bell’s providing this two-way digital video transmission at 45 Mbps."

"Verizon PA has committed to making 20% of its access lines in each of rural, suburban, and urban rate centers broadband capable within five days from the customer request date by end of year 1998; 50% by 2004; and 100% by 2015."

"In order to meet this commitment, Bell plans to deploy a broadband network using fiber optic or other comparable technology that is capable of supporting services requiring bandwidth of at least 45 megabits per second or its equivalent."

Summary

By the end of 2003, Teletruth estimates that every household in Pennsylvania has paid in excess of $1,135.00 for a fiber optic service they will never get. Teletruth estimates that the total overcharging to be $3.9 billion or more in excess profits, tax deductions, and other financial perks, including funding other business ventures through cross-subsidization.

Teletruth considers this a clear case of fraudulent acts and a "bait and switch" designed to game the state regulatory system. It is now clear in 2003 that Verizon could not build the fiber optic networks it had been paid to implement and has been rolling out inferior services that use the 100 year old copper networks.

Here’s an example of a fraudulent act from a normal, though identical business environment: A state contracts a company to build a new highway system for $3.9 billion and sets timeframes, goals and specifications. The contractor doesn't deliver. Wouldn't the state sue the contractor for breach of contract? This is no different. And what would happen if the contractor, instead of using concrete, simply put in another sub-standard dirt road? Wouldn’t the state take the company to court for a "bait-and-switch"?

In the Pennsylvania broadband case, unlike a state-funded project paid for by taxes, Verizon, a monopoly, utility and public company was able to charge customers higher rates for local phone services, garnering more money through excess profits, as well as additional perks.

The other difference between this case of highway construction fraud and the failed fiber optic Info-Highway is simple — The Bells have been able to have lobbying and political support to cover over an obvious breach of contract with the citizens of Pennsylvania.

During the last year, the PPUC decided not to hold the Bell accountable for their promised deployments of fiber optics. Meanwhile, the state legislature is discussing other plans that would strip the Public Interest of all rights for a Digital Future, in exchange for new, additional massive financial gains to Verizon.

This is embarrassing. Teletruth believes that the PPUC and Legislature have erred in their analyses. This is a case of fraud and a traditional "bait-and-switch", and Verizon should be held accountable, not rewarded.

There would be no reason for the state to have granted regulatory relief under Chapter 30 for a copper based network, which was 100 years old and inferior to what was promised. In fact, Bell Atlantic, themselves, claimed that DSL was an inferior product.

Teletruth is also requesting an investigation of possible collusion of Bell of PA with the other state-based phone companies, such as New Jersey Bell. It is now clear that this same patterned failure to deploy happened in numerous states throughout the Verizon territories as well as other Bell states. The phone companies’ ‘parent’, Bell Atlantic or NYNEX, must have known that it couldn’t fulfill these multiple state deployment plans.

We also question various violations of "Truth in Advertising" laws because it is now clear that the company made thousands of statements about proposed deployments that essentially gamed the regulatory system, used to convinced every customer as well as every regulator, that the future broadband deployment was eminent. Yet, in 2004, it is clear that the networks couldn’t be built back in 1993.

Teletruth believes that customers became defacto investors, and thus should be compensated for their losses.

And please don’t be seduced by the current wave of proposed broadband spending. A careful examination of these plans hides the fact that Verizon’s proposed wireline broadband spending does not even cover the cuts that the company made in the 2000-2003 timeframe. Also, a large portion of the money will be spent on wireless, not wireline services.

Teletruth is calling for a series of investigations:

• An Accounting of Local Service Revenues and Costs — How profitable is local wireline phone service? Teletruth requests a full accounting of ALL revenues and costs of local phone service, including all charges, taxes, surcharges and other revenue sources, including "deregulated" products.
• A Cross-Subsidization Analysis — A complete analysis of the costs associated with the rollout and deployment of DSL, Long Distance, and any other use of the local phone networks by any other subsidiary, including the wireless services. This analysis should also include all advertising vehicles for bundled packages.
• A Network Cost Analysis — A complete analysis of the costs of the network, including the issue of examining the "Continuing Property Records" to guarantee that the original price setting was accurate and that the equipment in the network that has been built into local rates actually exists and is in use. An FCC audit found that 5-20% of the equipment was missing or unverifiable, (based on only ¼ of the potential audits). The state have never completed the FCC’s work.
• A Deregulation Analysis – The cost of implementing the alternate regulation plan known as Chapter 30 instead of the original rate of return analysis, which examined the profits of the company. This analysis should include all revenues that were "divested", such as Directory as well as all of the savings from write- offs and depreciation.
• A Broadband/Technology Analysis — Could Verizon build the networks that they had been contracted to build at the time of the commitments or not?
• Investigation for collusion with the separate state Bell companies, and holding companies to not deploy broadband. When did Bell of PA, or New Jersey Bell or any other Bell Atlantic or NYNEX state know that the fiber networks couldn’t be built? Was the same plan used to deceive multiple states?
• "Truth in Advertising" Analysis — Did the company use false and misleading statements about a fiber optic deployment to change state laws?

Immediate Refunds After these analyses, the state should implement refunds to customers as well as put the state’s next generation networks up for bid. It may be time to revisit the state’s original "structural separation" plan.

Examining the Issues: Broadband Fraud.

1) $ 1,135 Per Household Is A Very Large Sum Of Money To Simply Ignore.

As of 2003, Teletruth estimates that $2.7 billion was collected using the Alternate Regulation plan to garner more profits. This does not take into account the additional documented $1.2 billion of network tax write-offs that were taken in response to the company’s rewiring plans — $3.9 billion in excess profits and extra tax deductions. (We lay out our analysis in the attached original complaint, as well as supply other sources showing quite similar results.)

2) Does The Legislature And Pennsylvania Public Utility Commission Care About What Was Promised?

It is incredulous to Teletruth that the state regulators and legislators would not bother to go back to the original records for the intent of Verizon’s fiber-optic commitments. Here are just a few headlines from hundreds of articles at the time – all referring to the fiber-optic commitments set by the PA Legislature.

• PA Senate OKs Fiber Optics Bill June 24, 1993, Philadelphia Daily News.
• PA Legislature Compromises On Fiber-Optics Bill. The Measure Calls For The State To Be Wired By 2015. June 25, 1993, Philadelphia Inquirer.
• Bell Clears A Hurdle In Quest To Offer Video. A Judge Overturned Part Of A Federal Law. Now Bell Atlantic Will Try Offering Video Services Regionwide. July 28, 1993, Philadelphia Daily News.
• Phone Bill Goes To House. The Pa. Measure Would Limit Rate Increases And Require A Fiber-Optic Network By 2015. May 24, 1993, Philadelphia Inquirer

Where are the words "copper" wiring, "DSL" or any other lesser commitment?

Teletruth would like any regulator or legislator that has decided to not hold Verizon accountable to Pennsylvania customers for a fiber-optic deployment to find us just one quote from the original offering that was based on the copper 100 year-old network, or that planned for a DSL-over-copper-wire service.

3) There was a Binding Contract for a Fiber Optic Network in Pennsylvania.

Was there a binding contract with the public to deliver a fiber-optic based service at 45mps in both directions? Yes. The Commission made it clear that the networks were to be fiber-optic based and could do speeds of 45mps in both directions. More importantly, it wasn’t some wire in the middle of the network but a direct link to customers’ homes, offices or schools.

"When the Commission accepted Bell's proposal, that proposal became binding on the Company. Any modifications or deviations from a 45 Mbps two way interactive network must be approved by this agency, since such would constitute a modification to the June 28, 1994 Opinion and Order which ruled on the Company's original Petition and Plan." (emphasis added)

"In this second filing, Bell reiterates its intentions to design a broadband network that meets both current and anticipated future demand for transportation of voice, video and data throughout its service area. The system is a hybrid of coaxial cable and fiber optics. Coaxial cable will run from a subscriber's home, office, factory, or educational system." (emphasis added)

In fact, according to Verizon, fiber was more economical and it would supply the state’s customers with "unlimited" bandwidth.

"…broadband services both today and in the foreseeable future are more economically provided on fiber versus copper.". (4) Bell's fiber optic broadband network will "provide for future broadband applications and services regardless of what their bandwidth requirements are." As a result, "with fiber for essentially the same amount of investment, we [Bell] provide for that network only one time and provide unlimited bandwidth to the customers in the Commonwealth." (emphasis added)

Is the state settling for a dirt road? Customers ordered a Ferrari on the Information Superhighway and instead will end up with a very expensive skateboard on a dirt road.

4) This Is A Case Of Fraud Which Was Used To Change State Laws. — Verizon Couldn’t Deliver in 1994.

The Bells failure to deliver a fiber-optic, 45mps, two directional broadband service to 50% of the state is a fraud case and should be treated as such, including full remedies for those harmed -- every citizen on Pennsylvania.

Why is this a fraud case? It is now clear that Verizon couldn't deliver on their contractual agreement and that Verizon gamed the regulatory system.

Based on statements made in 2003 by Verizon, the company is only now discussing plans to roll out fiber-based broadband and it still can't deliver fiber-optic services today.

Now Verizon is claiming that "residential fiber-to-the-home" is being done as a favor to a few lucky home owners in 2004, and they are only now exploring ways to give the service to "an initial set of customers".

"DSL is a first-generation broadband technology used with copper lines. However, Verizon already is serving most larger businesses on fiber links, and the company expects that fiber-optic technology ultimately will become the preferred communications medium to reach homes as well as businesses. Verizon is exploring ways to advance its broadband deployment in 2004, including deploying fiber into neighborhoods and even bringing fiber to the premises of an initial set of customers." (emphasis added)

In another press release dated December 22, 2003, the nebulous fiber based roll outs are only now starting "initial test deployments".

"Verizon will continue performing lab and technology interoperability tests on the FTTP (fiber to the platform) systems, ensuring the new technology works properly with existing and new Verizon operations support systems. In the first half of 2004, Verizon expects to begin initial test-deployments in at least two communities. By the end of the year, the company expects to deploy the new technology in over 100 central offices across nine states." (emphasis added)

Therefore, it is now clear that in 1993-1995, when they entered into an agreement, they could not fulfill their obligations. The network they were contracted to build could not be built based on the commitments that were made, or at the costs they stated in their prepared documents. Many other sources of information can corroborate this.

Isn’t it fraud when a company enters into a contract to deliver a product or service which they can not provide at the time, or based on false information about the costs and deployment schedule? And in this case, Verizon is now short. — 50% rollout of fiber to the state in urban, rural and suburban areas equally.

5) The Bell Snow Job Continued Through the 1990’s.

It can’t be blamed simply on the regulators for not noticing these problems with deployment, since Verizon has continually hyped the regulators and the public.

For example, this press release is from Bell Atlantic, July 1996, announcing a 6 and 1/2 year contract with Lucent Technologies. It was for an agreement for fiber-optic based equipment that was going to be used for its fiber-to-the-curb rollout in Pennsylvania — in 1997! http://www.newnetworks.com/Verizon96pressrelease.html

"Later this year, Bell Atlantic will begin installing fiber-optic facilities and electronics to replace the predominantly copper cables between its telephone switching offices and customers. Fiber-optics provide higher quality and more reliable telephone services at lower operating and maintenance costs. The company plans to add digital video broadcast capabilities to this "fiber-to-the-curb," switched broadband network by the third quarter of 1997, and broadband Internet access, data communications and interactive multimedia capabilities in late 1997 or early 1998."

"The fiber-to-the-curb architecture that Bell Atlantic will build is the next step in the company's ongoing, aggressive network modernization program. Bell Atlantic's network infrastructure includes digital switching covering more than 90 percent of the company's service area…"

"Bell Atlantic plans to begin its network upgrade in Philadelphia and southeastern Pennsylvania later this year. The company plans to expand this Full Service Network deployment to other key markets over the next three years. Ultimately, Bell Atlantic expects to serve most of the 12 million homes and small businesses across the mid-Atlantic region with switched broadband networks." (Emphasis added)

If the Bell continues to claim they can’t deliver today then why is the state allowing itself to be sucker punched like this?

6) The Bell Snow Job Continues Today.

Maybe a sense of deja vu is necessary to understand just how fully the regulatory system is being gamed. Here’s a cover story from Business Week, August 2003, extolling Verizon’s plans to once again roll out a fiber-optic service.

Business Week COVER STORY, "Verizon's Gutsy Bet", AUGUST 4, 2003

"Verizon plans to roll out fiber-optic connections to every home and business in its 29-state territory over the next 10 to 15 years, a project that might reasonably be compared with the construction of the Roman aqueducts. It will cost $20 billion to $40 billion, depending on how fast equipment prices fall, and allow the lightning-fast transmission of everything from regular old phone service to high-definition TV."

"When you're the market leader," says Ivan Seidenberg, "part of your responsibility is to reinvent the market." (emphasis added)

Isn’t it ironic that an almost exact replica of these promises was made in Bell Atlantic’s 1993 Annual Report where the company announced they were the "leaders" of the Info Bahn, and that they would be spending $11 billion – for 8.75 million households wired by 2000.

"First, we announced our intention to lead the country in the deployment of the information highway. …We will spend $11 billion over the next five years to rapidly build full-service networks capable of providing these services within the Bell Atlantic Region."

"We expect Bell Atlantic's enhanced network will be ready to serve 8.75 million homes by the end of the year 2000. By the end of 1998, we plan to wire the top 20 markets… These investments will help establish Bell Atlantic as a world leader in what is clearly the high growth opportunity for the 1990's and beyond." (Emphasis added)

It’s 2004, more than decade later, and half of the state was to have already been rewired, yet Verizon is complaining in the press that because of competition, they shouldn’t have these obligations to build these networks.

''Chapter 30 has to recognize the realities of the marketplace,'' O'Rourke said. ''We're losing a tremendous amount of customers to the competition. What we don't want is an obligation to build a network with virtually no assurance that when we build it, the customers will be there.''

How embarrassing. Imagine if Verizon had actually rewired 50% of the homes by 2004 — what a competitive advantage they would have had selling many new, exciting services over a very high speed wire. This would have given Verizon multiple ways of keeping the customers, as well as new revenues streams from very high speed broadband, not to mention cable revenues, video conferencing and other services, none of which could be matched today by any other competitor.

Moreover, it is now clear that Verizon is trying to just block all competitors from using whatever gets built, even though these networks are being paid for by customers through higher phone rates. The company is essentially holding the Public Interest hostage by threats to the FCC lawmakers, not to mention trying at the same time to close out any competition. Verizon’s 2003 press release wrote:

"As we continue to move ahead, it is important to stress that the Federal Communications Commission (FCC) must further clarify the rules it recently released," Babbio said. "It is imperative, for example, that we receive assurances that we will not be forced to share our investment in this new technology with our competitors, as is the case with copper facilities today. This sort of regulation will only serve to deter our investment in these new technologies."

Please note: The FCC current rules, the "Triennial Review", will preempt state law and block competitors from using any fiber-based, partially upgraded networks. Also, the FCC has failed to ever acknowledge the role of the customers who are paying higher rates for this new technology, such as is the case in PA.

We would also like to make clear the even the current Verizon announcement on January 8th, 2004, pertaining to a new broadband initiative which stated that
the company would be investing $3 billion in the next two years is also more of a smoke screen that a real promise.

"Verizon Chairman and CEO Ivan Seidenberg today unveiled the company's plans for leadership in the emerging broadband industry. He outlined two major new network expansions that are key to bringing the benefits of this new era to homes and businesses across America and said Verizon was committed to investing a total of $3 billion in its networks over the next two years to bring broadband to the mass market."

What Verizon didn't tell anyone is that there's been a 48% cut in expenditures on wireline services since 2000 – having spent- a drop of $5.8 billion dollars. These new expenditures won't even cover over the cuts of the last few years.

And while these numbers may sound large, by the 3rd Quarter, 2003 Verizon revenues for Telecom were $29.7 billion, but they spent only $4.7 billion on construction, about 16%, which is low compared to their hefty profits.

Secondly, while everyone is waiting on Verizon for their fiber-to-the-home announcements to be able to do very high speed services, this announcement clearly shows that they are NOT putting their money in the network but in the growth of their wireless services.

"The network expansion initiatives involve both Verizon's wireless and wireline networks. Verizon Wireless will expand its third-generation (3G) mobile data Broadband Access network nationwide. In addition to its ongoing annual capital investment program to build network capacity and coverage, the company will invest $1 billion over the next two years to further deploy its broadband technology, known as EV-DO (Evolution-Data Optimized)".

In short, this announcement is only of interest if the customer wants to use Verizon wireless. Instead, Verizon is still planning to shortchange every wireline customer, and expenditures are in no way covering the drops in construction funds over the last three years.

More importantly, Verizon is laughing in everyone’s face because it believes it is immune from any repercussions for saying just about anything it wants about broadband deployment.

"NOTE: This press release contains statements about expected future events and financial results that are forward-looking and subject to risks and uncertainties. For those statements, we claim the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995. The following important factors could affect future results and could cause those results to differ materially from those expressed in the forward-looking statements: the duration and extent of the current economic downturn; materially adverse changes in economic and industry conditions and labor matters, including workforce levels and labor negotiations, and any resulting financial and/or operational impact, in the markets served by us or by companies in which we have substantial investments; material changes in available technology; technology substitution; an adverse change in the ratings afforded our debt securities by nationally accredited ratings organizations; the final results of federal and state regulatory proceedings concerning our provision of retail and wholesale services and judicial review of those results; the effects of competition in our markets; our ability to satisfy regulatory merger conditions; the ability of Verizon Wireless to continue to obtain sufficient spectrum resources; our ability to recover insurance proceeds relating to equipment losses and other adverse financial impacts resulting from the terrorist attacks on Sept. 11, 2001; and changes in our accounting assumptions that regulatory agencies, including the SEC, may require or that result from changes in the accounting rules or their application, which could result in an impact on earnings."

With language like this, a leaf falling off a tree in Sri Lanka during a mild breeze might have some adverse impact on Verizon’s broadband plans.

8) The Failed Broadband In Pennsylvania Is Not Unique For Verizon.

In what is clearly collusion, Bell of PA, as well as New Jersey Bell, parts of Chesapeake & Potomac, including Maryland and District of Columbia, and the other Bell companies, including even the former NYNEX states, such as Massachusetts, all had similar broadband plans that were accepted in exchange for deregulation. As we have learned from interviews, the parent companies, Bell Atlantic and NYNEX, had a team that would go into each state to change state laws, and it is no wonder that New Jersey Bell had "Opportunity New Jersey" while Bell of PA had "Opportunity Pennsylvania". These campaigns were supported with large, million dollar reports by Deloitte & Touche, as well as millions in lobbying fees. (There was also "Opportunity Illinois" and "Advantage Ohio" and "Advantage Indiana". )

According to New Jersey Bell plan, the state should have had 60 megabit services by now and the entire state was supposed to be completed by 2010 with fiber-optic broadband. ("Opportunity New Jersey", filed 3/92)

• Wideband 95% by 1999
• Broadband 100% by 2010
• Fiber to the feeder 45% by 2000
• Fiber to the curb 30% by 2000

Maryland was equally as ambitious fiber to the home was to be completed by 2010 as well, and all copper wiring between the offices should have been upgraded by 1994.

• ISDN 100% by 1995
• Fiber to the feeder 100% by 2008
• Fiber to the home 100% by 2010
• Fiber-interoffice (all copper retired) 100% by 1994

NYNEX in Massachusetts told the citizens that they would have "330,000 lines" of broadband by 1995.

"In Massachusetts, NYNEX will) deploy a fiber-based broadband network, with initial deployment to approximately 330,000 access lines, by year-end 1995."

To see a collection of materials about failed deployments in by other Bells and in other states see: http://www.newnetworks.com/Bellsfailedfiberopticdeployments.html

Follow the Money

9) $3.9 billion is a very large sum of money not to investigate.

In our original Complaint we outlined our analysis of how much excess profits, tax deductions, and other perks the company received when the Alternate Regulation was applied. The excess profits were from excessive staff cuts, cuts in construction budgets (not fulfilling their obligations) funding DSL through phone rates, excessive $1.2 billion write-off of network plant, the removal of the Directory business from the rate base, as well as other specific deductions that would have been paid for by shareholders, not customers. See the complaint for more details.

10) The Current Verizon PA Stats For Construction, Employees And Dividends Should Have Everyone In The State Of Pennsylvania Outraged.

Besides the overall impact, it is now clear that prices should have been plummeting over the last three years because the major expenses have been slashed, while the dividends have increased to record highs.

Since 2000, (estimate for 2003 based on 3^rd q)

• 29% of staff has been cut.
• Dividends paid to Verizon are at an all time high of $604 million-- up 131%.
• Construction has been slashed 62%.
• There’s only an 8% drop in revenues, some of which we believe is because the separate divisions of DSL, wireless, and Long Distance aren’t paying their fair shares. (We add the Directory profits, which were part of the local phone service calculations before the Alternate Regulation.)
• In 2003, Verizon PA took an additional $300 million tax write-off of the network.

Taken directly from Verizon, Pennsylvania. (extrapolating from 3redq2003 for 2003).

In short, prices should have been falling steadily, because the two largest costs — employees and construction budgets, have been slashed. Meanwhile, the parent company, Verizon, seems to be the benefactors of these cuts with 131% increase in Dividends since 2000.

And since the beginning of the Alternate Regulation, 6,340 employees, 43%, have been cut.

A major tax write-off of the networks in 2003 should have lowered rates as well.

During the creation of this Complaint, Teletruth noticed a change in the tax laws, SFAS No. 143. This allowed the company to take an additional $300 million write-off in Pennsylvania, thus lowering the actual costs of service.

"For some assets, such as telephone poles, the removal costs exceeded salvage value. Under the provisions of SFAS No. 143, we are required to exclude costs of removal from our depreciation rates for assets for which the removal costs exceed salvage. Accordingly, in connection with the initial adoption of this standard on January 1, 2003, we have reversed accrued costs of removal in excess of salvage from our accumulated depreciation accounts for these assets. The adjustment was recorded as a cumulative effect of an accounting change, resulting in the recognition of a gain of $300.8 million ($176.0 million after-tax). Effective January 1, 2003, we began expensing costs of removal in excess of salvage for these assets as incurred. The ongoing impact of this change in accounting resulted in a decrease in depreciation expense and an increase in cost of services and sales, which was not material to our total operating results for the three month period ended March 31, 2003." 

11) There Are Other Sources With Similar Data.

To date, the Pennsylvania Consumer Advocate found that $1.7 billion was overcharged as compared to would have been allowed the rate-of-return. Our own calculation for this period was $2.1 billion, but we also removed various expenses that would not have been allowed under the original agreement, including the funding of DSL.

"In testimony recently presented to the PUC, our Office determined that Verizon PA’s return on equity – when estimated profits from Yellow Pages are included – was 24.26% in 2001, 26.19% in 2000, and 29.40% in 1999. In that proceeding, we compared those returns to an estimated fair rate of return of 12% on equity, and concluded that Verizon PA had earned approximately $1.7 billion in cumulative excess profits since 1994." 

Additionally, Economics and Technology published a report and gave testimony on Pennsylvania’s plans and the failed commitments. Their estimate was that $4 billion was collected through gaming the regulatory system. To read the testimony in full see: http://www.teletruth.org/docs/SelwynPA_BBND.pdf

12) Where Did All The Money Go? Foreign Investments Losses And Executive Perks.

As we point out in other Teletruth reports, the money from the local phone companies helped to fund massive overseas purchases that lost billions, as well as excessive salaries for senior executives. From 1999 -3rdQ 2003, Verizon wrote off over $26.5 billion, about $10 billion from overseas losses. The rest of the deductions and write-offs were for mergers or bad investments. (We did not include the write-offs for staff cuts and pension plans.)

Meanwhile, from 1999 through 2001, the top 6 Verizon executives got over $193 million in salaries and $424 million to over one billion dollars in estimated stock options and other perks. See: http://www.newnetworks.com/profitreport2002.htm

Conclusion:

We are request immediate investigation:

• An Accounting of Local Service Revenues and Costs — How profitable is local wireline phone service? Teletruth requests a full accounting of ALL revenues and costs of local phone service, including all charges, taxes, surcharges and other revenue sources, including "deregulated" products.
• A Cross-Subsidization Analysis — A complete analysis of the costs associated with the rollout and deployment of DSL, Long Distance, and any other use of the local phone networks by any other subsidiary, including the wireless services. This analysis should also include all advertising vehicles for bundled packages.
• A Network Cost Analysis — A complete analysis of the costs of the network, including the issue of examining the "Continuing Property Records" to guarantee that the original price setting was accurate and that the equipment in the network that has been built into local rates actually exists and is in use. An FCC audit found that 5-20% of the equipment was missing or unverifiable, (based on only ¼ of the potential audits). The state have never completed the FCC’s work.
• A Deregulation Analysis – The cost of implementing the alternate regulation plan known as Chapter 30 instead of the original rate of return analysis, which examined the profits of the company. This analysis should include all revenues that were "divested", such as Directory as well as all of the savings from write- offs and depreciation.
• A Broadband/Technology Analysis — Could Verizon build the networks that they had been contracted to build at the time of the commitments or not?
• Investigation for collusion with the separate state Bell companies, and holding companies to not deploy broadband. When did Bell of PA, or New Jersey Bell or any other Bell Atlantic or NYNEX state know that the fiber networks couldn’t be built? Was the same plan used to deceive multiple states?
• "Truth in Advertising" Analysis — Did the company use false and misleading statements about a fiber optic deployment to change state laws?

Immediate Refunds After these analyses, the state should implement refunds to customers as well as put the state’s next generation networks up for bid. It may be time to revisit the state’s original "structural separation" plan.

The rest of this document is our original complaint and it gives more details.

ENDNOTES

See Word Version.