Stop Verizon’s ‘Ill egal Activities Provisioning Voice Link,’ New York AG Tells PSC

"The Commission should order Verizon to immediately cease and desist its illegal activities provisioning Voice Link anywhere in New York beyond the authorized western Fire Island pilot area, and also to promptly provision wire line service to any customer improperly connected to Voice Link,” said the petition signed by Assistant Attorney General Keith Gordon (http://bit.ly/1afsH2x). “Despite the unambiguous language of the Commission Order, Verizon has proceeded to implement its plans to install Voice Link service to seasonal customers in the Catskills. In clear violation of a Commission directive, and without any valid tariff permitting its use, Verizon has shipped a large quantity of Voice Link devices to its Monticello installation/maintenance center. Whenever a seasonal customer requests that their wireline Plain Old Telephone Service ('POTS') be restored for the summer, but dial tone is not functioning when the line is activated at Verizon’s switch, the company has directed its technicians not to repair the existing service, but instead to install Voice Link in its place. Only where a customer forcefully refuses Vice [sic] Link will Verizon repair the wire line service.” The PSC order “could not have been clearer” in its limits, the petition said, referring to Verizon’s “open defiance.” Fire Island was to serve as a pilot deployment, and Verizon was tasked with providing a report to the PSC in November on the technology.

"In its May 16 order, the Commission allowed use of Verizon’s Voice Link technology on a temporary basis for the western part of Fire Island subject to further review and monitoring,” a PSC spokesman told us in a statement. “However, the Commission did not allow Verizon to use Voice Link elsewhere in the state as its sole service offering. We will investigate the allegations raised in this petition.”

Voice Link has sparked controversy since its introduction earlier this year, with unions, Public Knowledge and others pointing to what they see as shortcomings (CD May 13 p9). Critics point to the lack of DSL capability, which prevents small businesses from processing credit cards. Others worry about congestion and emergency communications. Verizon has defended its service in interviews, news releases, videos and blog posts, touting Voice Link as the service that has allowed Fire Island to open for business this summer.

"The PSC’s proceeding only addressed the issue of where Verizon can offer Voice Link as the only service option,” a spokesman for the telco told us by email. “It did not restrict Verizon’s ability to offer the service to customers on an optional basis, as we are doing in Monticello.” Voice Link “is an innovative and proven product that already is providing quality and reliable voice telephone service to residents of Fire Island and other areas,” he said. “It is a repair option for our customers who have had continued and lingering difficulties with their copper-based telephone service. It uses wireless technology which has proven to be resilient, and which millions of people use millions of times each day.”

Communications Workers of America Research Economist Pete Sikora called Verizon’s expansion of Voice Link “this unbelievably arrogant thing that Verizon is doing.” CWA first learned of the expansion last week, and took its concerns to the attorney general’s office, Sikora told us. He described a “few dozen installations” happening in New York City and said there have been rumors in the Hudson Valley for two months. “The union’s report is corroborated by two complaints of Verizon seasonal customers who have been told Voice Link will be installed instead of repairing their wire line telephone service,” the AG said.

"Effective sanctions” must follow this illegal move by Verizon, the AG said. It cited New York State law allowing for a $100,000 penalty for every instance of violating a PSC order, which can be considered a distinct offense every day the violation is ongoing. “The Commission should commence penalty proceedings against the company citing as separate and continuing violations each customer who has been denied timely installation of wire line service or had Voice Link installed as a substitute for the POTS service authorized by Verizon’s lawful tariff,” the AG said.

"We knew that this thing was coming,” Sikora said, describing meetings Verizon had arranged with the union six months ago to alert union members of the technology change. But the union never imagined it would come for customers who do not want it outside Fire Island, he said. “They seem to just be thumbing their noses at regulators.” Voice Link has bad implications for CWA jobs as well as for consumers, he said, pointing to the danger of wireline cable service becoming a monopoly Internet provider. The PSC should “not act hastily” on Voice Link and should conduct a thorough study of Voice Link to ensure it provides a service as good as traditional landline service, he said, noting that the deployments beyond Fire Island have to stop: “Immediately they should tell Verizon to knock it off.”

The AG included a Tuesday letter from a Monticello resident in the County of Sullivan, notarized by Assistant AG Gordon. The resident returned to his summer home June 18 and tried to reactive the phone service. “The Verizon representative told me that the company wanted to install a wireless service called Voice Link instead of repairing our traditional wireline phone service,” said Joshua Michaeli in an affidavit. “I declined Verizon’s Voice Link offer, noting that our unit is in a wooded area where wireless communications may not work well. When I was transferred to the repair department to schedule a repair visit, the person making repair appointments again tried to convince me to accept Voice Link instead of having our existing service repaired, and I again said no thanks.” The Verizon technician restored wireline service after those refusals, said Michaeli.