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Federal Crime?

Copper Theft and Vandalism an 'Escalating Threat': Telecom Industry

Facing a growing problem of telecom network vandalism and theft, industry groups are calling for updated state laws, including harsher criminal penalties, as deterrents. In a meeting Tuesday at Verizon facilities in Texas with law enforcement representatives, telecom industry officials repeatedly raised the specter of 911 and telehealth service disruptions.

Congress might want consider criminalizing such theft and vandalism at the federal level, NCTA, CTIA, USTelecom and NTCA said in a white paper Tuesday. The willful or malicious destruction of federal government-operated and controlled communications is a federal offense, and that statute "could be a model for federal action," they said. Making vandalism of and theft from communications networks federal offenses would put them on par with other critical infrastructure such as energy facilities and transportation systems, they said.

Telecom network theft and vandalism is an "escalating threat” affecting operational integrity as well as public safety, said Robert Cantu, NCTA vice president-cybersecurity and broadband technologies. A survey of telecom companies found 3,929 incidents of vandalism and theft in Q3, or roughly 44 a day nationwide, Cantu noted. He said eight states accounted for 73% of incidents, with 52% occurring in California and Texas. He said 325,000 residential and business customers were affected.

Copper theft is a growing crisis for Verizon, said Phillip French, vice president-centralized network engineering. While there’s a financial cost, he said, “what it does to our customers and what it does to emergency services, that really gets us nervous.” Outages are inevitable with communications networks, but intentional ones create huge problems, he added.

Driving much of the problem is the skyrocketing price of copper -- up 63% in four years, said Jeremy Crandall, CTIA assistant vice president-state legislative affairs. The price isn't expected to plateau soon, he said. But beyond copper, fiber optic cables also are theft targets, as well as cellsite batteries and cell tower engineering equipment, he said.

Lynn Follansbee, USTelecom vice president-strategic initiatives and partnerships, said 2014 saw similar spikes in copper prices and theft of copper. "What's really required is an ongoing effort, not just waiting until the price of copper is high, and we see a rise in this," she said.

The industry is taking steps, Follansbee said, such as using metal pipes and casings that make fiber cuts more difficult, and improving cable markings for identification of infrastructure that is damaged or sold. But "aggressive prosecution ... is going to be key."

Some states have laws about damage to critical infrastructure, and communications should be covered under those types of statutes but often isn't, said Kuper Jones, NCTA senior director-state and external affairs. He said states with laws that don’t include communications infrastructure include Alabama, Louisiana and Texas. In contrast, Florida and the Carolinas “do things right,” having communications included in such statutes, he said. Another issue is that some critical infrastructure laws apply only to fenced-in or enclosed areas, leaving aerial wires and wireless antennas with less legal protection, he said. Jones said some states’ criminal statutes concerning tampering with or damaging telephone or cable lines need updating so that they cover broadband and wireless infrastructure. Urging stronger penalties for violations, he also called for rules around scrap metal dealing that would, for example, require providing a driver’s license when selling to a recycler. Also needed are bans on purchasing burnt copper and requirements for more-detailed recordkeeping of transactions, said Jones. Such policy changes “should help give folks in law enforcement community the tools they need for investigating and prosecuting these crimes.”