Former FCC Commissioner Michael O’Rielly says, “certain criminal elements see physical broadband infrastructure as an easy and painless way to fast cash.” He warns of increasing theft and destruction of broadband infrastructure sites that isn’t being stopped, in a new Op Ed for the free market think tank Free State Foundation. O’Rielly believes stiffer penalties are needed.
America’s broadband providers, in cooperation and coordination with various government agencies, do a great job preparing and responding to constant external threats, according to O’Rielly, who’s now an Adjunct Senior Fellow at the foundation. But there’s “no shortage of individuals, rogue groups, nation states, and others seeking to cause harm to internet users, broadband networks, and in some cases, the collective critical communications infrastructure.”
But when it comes to intentional theft at communications infrastructure, “weak or ineffective federal and state laws let perpetrators escape justice,” O’Rielly writes.
He cites an industry report “prepared and sponsored by the nation’s major communications trade associations – namely, NCTA, CTIA, USTelecom, and NTCA – [that] exposes the expansive theft and vandalism to broadband infrastructure, the impact of these attacks, and potential ways to combat the problem.” Inside Towers reported the trade groups say the problem of theft and vandalism at tower sites goes beyond copper theft, and it’s a growing dilemma.
O’Rielly cites copper theft statistics in the report, “currently desirable on the black market, with prices increasing more than 60 percent over the last four years.”
“But many thieves are so technologically illiterate that they often cut fiber optic cables and attack cell sites with the misguided belief of immense copper hauls,” he notes. “In fact, the demand for copper has forced fiber installers to ‘educate’ would-be criminals about the absence of any copper.
“On point, scrap metal dealers may need to be held accountable for their part in perpetuating the market for stolen copper. Thieves may think twice if there was nowhere to sell their ill-gotten gains,” writes O’Rielly. He suggests policymakers review existing laws to ensure there’s “an effective process for policing the sale and purchase of scrap metal that is vigorously enforced with appropriate penalties.”
O’Reilly suggests imposing enhanced criminal penalties on those damaging or stealing broadband lines. He notes there’s an existing federal law (18 U.S.C. 1862) that already provides discretionary fines up to $250,000 or 10 years in prison for willfully or maliciously injuring or destroying communications facilities operated or controlled by the U.S. or used or intended to be used for military or civil defense functions. But it doesn’t mention privately-owned communications facilities, like broadband lines. That means there’s no recourse under federal law for the rising network vandalism.
Expanding the law to include injuring or destroying private broadband networks would help, he believes. States could also enact stronger enforcement actions, he suggests.
By Leslie Stimson, Inside Towers Washington Bureau Chief
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