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Vermont Legislation?

Government Scrutiny of FairPoint Progresses as Strike Negotiations Continue

FairPoint Communications continued negotiations Monday with the Communications Workers of America (CWA) and the International Brotherhood of Electrical Workers (IBEW) to end a monthslong strike in northern New England, though none of the parties would say how the talks are progressing. More than 1,700 FairPoint workers affiliated with the CWA and IBEW have been on strike since mid-October in Maine, New Hampshire and Vermont over what the workers view as unacceptable conditions included in a new FairPoint contract proposal. FairPoint is also contending with related broadband and wireline service quality issues in New Hampshire and Vermont that have attracted state governments’ scrutiny.

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The Federal Mediation and Conciliation Service, which reopened negotiations Sunday in Washington (see 1501020042), confirmed that “mediation is continuing.” CWA, FairPoint and IBEW didn’t comment on the negotiations, with each citing a FMCS-imposed gag order. FMCS mediated previous negotiations between FairPoint and the unions in November but has now taken on an expanded role. CWA Local 1400 President Don Trementozzi said in a statement before the start of Sunday's talks that he hoped FairPoint would be “prepared to make the compromises necessary to reach a fair deal that preserves good jobs in New England and ensures the quality service that our customers need and deserve.” A FairPoint spokeswoman said before the negotiations Sunday that the company “remains willing to listen to reasonable union proposals that ensure the company’s ability to compete.”

New Hampshire Executive Councilor Colin Van Ostern told us he's to meet later this week with FairPoint officials to discuss complaints about the telco’s service quality in the state. Van Ostern, a Democrat, cited those concerns Dec. 23 when he asked New Hampshire’s administrative services department to withdraw a planned Executive Council vote on a $13 million contract for broadband and wireline service at state facilities (see 1412230053). The state's executive council acts as the “constituent's eyes and ears,” according to its website. Van Ostern said the New Hampshire Public Utilities Commission had received 438 complaints about FairPoint between the start of the strike and the beginning of December -- four times as many as the PUC received during the same period a year earlier. Van Ostern said he has “outstanding questions about how broad those disruptions are” that FairPoint will need to address before he’ll be willing to vote for the contract. FairPoint is working to address those questions and “looks forward” to the Executive Council voting on the contract, a spokeswoman for the telco said.

The Legislative Working Vermonters’ Caucus, a 36-member legislative caucus within the Vermont Legislature, plans to meet Wednesday on drafting legislation on the FairPoint strike, said Rep. Susan Davis, a Progressive who co-chairs the caucus. The caucus sent a letter to FairPoint CEO Paul Sunu in November warning it would “work with our colleagues in the General Assembly to look more carefully at FairPoint’s past promises and current actions” if the strike didn’t end by January. The bill could be a joint House-Senate resolution or could come up for a vote in the House first depending on how much support the Working Vermonters’ Caucus is able to garner, Davis said. Progress on a bill would depend on the outcome of the FMCS-led negotiations, she said. The caucus may also consider legislation on FairPoint’s service quality issues in Vermont, Davis said.

The Vermont Public Service Board (PSB) is continuing its own investigation into FairPoint’s service quality issues in the state, which began in December because of elevated numbers of customer complaints (see 1412050055). The first round of discovery requests in the investigation is due Wednesday, with additional discovery requests due through April 1. The investigation is to culminate in a technical hearing the week of June 22, the PSB said. The board delayed the expiration of FairPoint’s current Incentive Regulation Plan until 30 days after it reaches a decision on its FairPoint service quality investigation. The current plan was to expire Dec. 31, prompting calls for an extension so the PSB could evaluate a new plan independently of the investigation (see 1412090063).