State of New Jersey

CHRIS CHRISTIE

Governor

State of New Jersey

DwIsIoN OF RATE COUNSEL 140 EAsT FRONT STREET, 4"~ FL P. O.Box 003 TRENTON, NEw JERsEY 08625

KIM GUADAGNO U Governor

VIA HAND DELIVERY Joseph H. Orlando, Appellate Division Clerk Superior Court of New Jersey The Appellate Division Clerk's Office P.O. Box 006 Trenton, New Jersey, 08625

June 29, 2015

STEFANIE A. BRAND Director

Re: Appeal form the New Jersey Board of Public Utilities Decision and Order In the Matter of the Board's Investigation Regarding the Reclassification of Incumbent Local Exchange Carrier (ILEC) Services as Competitive Phase II Proceeding under BPU Docket TX 11090570 Appellate Division Docket No.:

Dear Mr. Orlando: Annexed for filing on behalf of the Appellant, the New Jersey Division of the Rate Counsel,'

please fmd an original and two copies of:

1) Notice of Appeal with Attachments I; 2) Case Information Statement (CIS) with Attachments 1; 3) The New Jersey Board of Public Utilities Decision and Order dated June 5, 2015; and 4) The Transcripts of the NJ Board of Public Utilities' May 19, 2014, Agenda Meeting and the

Transcripts of the July 17, 2012 Evidentiary Hearing in the within matter inclusive of (4 copies of each and 4 electronic CD copies).

Kindly return one copy date stamped "filed" for our records. Please note that Rate Counsel is exempt from paying filing fees under Er 2:5-2 of the Rules of the Appellate Division.

Thank you for your attention to this matter.

Very truly yours,

SAB/rk c: Service List w/encls.

Stefanie A. Brand, Director, New Jersey Division of Rate Counsel

?*&~ 4 ~I~fanie . Brand, Esq. -~

`I The New Jersey Division of the Rate Counsel is in, but not of, the Department of the Treasury and is authorized by statute to represent the public interest in such administrative and court proceedings as deemed by the Director shall best serve the public interest, in its mission of protecting New Jersey ratepayers in utility matters. See, N.J.S.A. 52:27EE-48 as defined in section 12 of P.L.2005, c.l55 (C.52:27EE-l2).

Tel: (609) 984-1460 ? Fax: (609) 292-2923 ? Fax: (609) 292-2954 E-Mail: njntepayez~rpa.state.nj.us

New Jersey Is An Equal Opportunity Employer Printed on Recycled Paper and Recyclable

Gregory M. Romano, General Counsel Verizon New Jersey, Inc. One Verizon Way VC54S201 Basking Ridge, NJ 07920

Appeal form the NJ BPU Decision & Order IMO the Board's Investigation Regarding the Reclassification of Incumbent Local Exchange Carrier (ILEC) Services as Competitive Phase liProceeding under BPU Docket No.: TX11090570

William D. Smith, Assistant General Counsel Verizon New Jersey, Inc. 140 West Street, 27th Fl. New York, NY 1007

Kevin Walsh and Lawrence Lustberg, Esqs. Gibbons P.C. One Gateway Center Newark, NJ 07102

Irene Kim Asbury, Board Secretary NJ Board of Public Utilities 44 South Clinton Avenue, 901 Fl. P.O. Box 350 Trenton, NJ 08625

Paul Flanagan, Executive Director NJ Board of Public Utilities 44 South Clinton Avenue, 9?' Fl. P.O. Box 350 Trenton, NJ 08625

Commissioner Joseph L. Fiordaliso NJ Board of Public Utilities 44 South Clinton Avenue, 9?' Fl. P.O. Box 350 Trenton, NJ 08625

Commissioner Dianne Solomon NJ Board of Public Utilities 44 South Clinton Avenue, 9?' Fl. P.O. Box 350 Trenton, NJ 08625

Carole Artale, Esq. Counsel's Office NJ Board of Public Utilities 44 South Clinton Avenue, 9?' Fl. P.O. Box 350 Trenton, NJ 08625

Commissioner Upendra Chivukula NJ Board of Public Utilities 44 South Clinton Avenue, 9?' Fl. P.O. Box 350 Trenton, NJ 08625

Commissioner Mary-Anna Holden NJ Board of Public Utilities 44 South Clinton Avenue P.O. Box 350 Trenton, NJ 08625

John Hoffman, Acting Attorney General NJ Office of Attorney General Hughes Justice Complex 25 Market Street, POB 080 Trenton, NJ 08625

Caroline Vachier, DAG NJ Office of Attorney General Division of Law & Public Safety 124 Halsey Street, ~ Fl., POB 45029 Newark, NJ 07101

Alex Moreau, DAG NJ Office of Attorney General Division of Law & Public Safety 124 Halsey Street, 5?' Fl. POB 45029 Newark, NJ 07101

Veronica Beke, DAG NJ Office of Attorney General Division of Law & Public Safety 124 Halsey Street, 5?' Fl. POB 45029 Newark, NJ 07101

Ava-Marie P. Madeam, VP State Government Affairs Verizon New Jersey, Inc 50 Broad Street Newark, NJ 07101

New Jersey Judiciary

Superior Court - Appellate Division

NOTICE OF APPEAL

Type or clearly print all information. Attach additional sheets if necessary.

ATTORNEY I LAW FIRM! PRO SE LITIGANT (2)

TITLE IN FULl (As CAPTIONED BELOW): (1)

In the Matter of the Board's Investigation Regarding the Reclassification of Incumbent Local exchange Carrier Services as Competitive - Phase II Proceeding

NAME

Stefanie A. Brand, Dir., New Jersey Division of Rate Counsel

STREET ADDRESS

140 East Front Street, 4th Fl., P.O. Box 003

CITY

Trenton

STATE ZIP

PHONE NUMBER

NJ 08625 (609) 984-1460

ON APPEAL FROM

TRIAL COURT JUDGE (3)

EMAIL ADDRESS

sbrand?rpa.state.nj.us

TRIAL COURT OR STATE AGENCY (4)

(5) TRIAL COURT OR AGENCY NUMBER

New Jersey Board of Public Utilities

BPU Docket No. TX1 1090570

Notice is hereby given that (6) The New Jersey Division of Rate Counsel

appeals to the Appellate

Division from a C Judgment or ? Order entered on June 5,2015

in the C Civil

C Criminal or C Family Part of the Superior Court or from a ? State Agency decision entered on

June 5, 2015

If not appealing the entire judgment, order or agency decision, specify what parts or paragraphs are

being appealed.

The New Jersey Division of Rate Counsel is appealing the New Jersey Board of Public Utilities Decision and Order rendered in the above a captioned matter in its entirety. Order Attachment 2

Have all issues, as to all parties in this action, before the trial court or agency been disposed of? (In

consolidated actions, all issues as to all parties in all actions must have been disposed of.) ? Yes C No

If not, has the order been properly certified as final pursuant to ~ 4:42-2? C Yes C No

For criminal, quasi-criminal and juvenile actions only: (1 OA) Give a concise statement of the offense and the judgment including date entered and any sentence

or disposition imposed:

This appeal is from a C conviction C post judgment motion C post-conviction relief. If post-conviction relief, is it the C 1st Q 2nd C other __________________________

specify

Is defendant incarcerated? C Yes C No Was bail granted or the sentence or disposition stayed? C Yes C No

If in custody, name the place of confinement:

Defendant was represented below by:

o Public Defender C self C private counsel ___________________________ specify

Revised efrectjn 910112008

P'9. 1 002

Notice of appeal and attached case information statement have been served where applicable on the

following:

Name

Date of Service

Trial Court Judge Trial Court Division Manager

Tax Court Administrator

State Agency

The New Jersey Board of Public Utilities

Attorney General or Attorney for other The New Jersey Office of the Attorney General

Governmental body pursuant to

& 2:5-1(a), (e) or (h)

Other parties in this action:

Attachment 1, Service

List tJune 29, 2015]

Name and Designation

Verizon New Jersey, Inc.

Attorney Name, Address and Telephone No.

Gregory M. Romano, General Counsel, Mid-Atlantic Region One Verizon Way VC54S201, Basing Ridge, NJ 07920

Date of Service

June 29, 2015

Verizon New Jersey, Inc.

William D. Smith, Assistant General Counsel 140 West Street, 27th Fl., New York, NY 10007

June 29, 2015

Verizon New Jersey, Inc.

Kevin Walsh, Esq. and Lawrence Lustberg, Esq., Gibbons PC One Gateway Center, Newark, NJ 07102-5310

Attached transcript request form has been served where applicable on the following:

June 29, 2015

Name

Date of Service

Amount of Deposit

Trial Court Transcript Office Court Reporter (if applicable) Supervisor of Court Reporters Clerk of the Tax Court State Agency

Exempt from submitting the transcript request form due to the following:

o No verbatim record.

I Transcript in possession of attorney or pro se litigant (four copies of the transcript must be submiffed along with an electronic copy). List the date(s) of the trial or hearing: There are two attached transcripts. Attachment 3 is of the New Jersey Board of Public Utilities' (Board') Agenda Meeting of May 19, 2015, approving the Stipulation and Attachment 4 the Board's Evidentiary Hearing below on July 17, 2012.

o Motion for abbreviation of transcript filed with the court or agency below. Attach copy. o Motion for free transcript filed with the court below. Attach copy.

I certify that the foregoing statements are true to the best of my knowledge, information and belief.

I also certify that, unless exempt, the filing fee required by N.J.S.A. 22A:2 has been paid.

(14) DAT

(15)

SIG TURE OF ATTORNEY OR PRO SE LITIGANT

oil

New Jersey Judiciary Superior Court -- Appellate Division NOTICE OF APPEAL - ATTACHMENT I

rn the Matter of the Board's Investigation

:

Regarding the Reclassification of Incumbent

Local Exchange Carrier Services as Competitive -

Phase II Proceeding

BPU Docket No.: T Xl 1090570

APPELLANTS ATtORNEYS:

Stefanie A. Brand, Director, NJ Division of Rate Counsel Maria T. Novas-Ruiz, Assistant Deputy Rate Counsel New Jersey Division of Rate Counsel 140 East Front Street, 4th Floor, POB 003 Trenton, NJ 08625 T(609) 984-1460 sbrand(~rpa.state.nj.us rnnovas-ruiz1~rpa.state.ni .us

Notice of appeal and attached case information statement have been served where applicable on the following: Continued - Additional Parties Served:

Name and Designation New Jersey Board of Public Utilities, Respondent

Attorney Name, Address and Telephone No. Irene Kim Asbury, Board Secretary Paul Flanagan, Exetutive Director Carole Artale, Counsel's Office 44 South Clinton Avenue, 9th Fl. P0 BOX 350 Trenton, NJ 08625-0350 (609) 292-1554

Date of Service June 29, 2015 June 29,2015 June 29, 2015

New Jersey Office of the Attorney General

John J. Hoffman, Acting Attorney General Hughes Justice Complex 25 Market Street, POB 080 Trenton, NJ 08625-080 (609) 292-4925

June 29, 2015

New Jersey Office of the Attorney General

Caroline Vachier, DAG Alex Moreau, DAG Veronica Beke, DAG Division of Law & Public Safety 124 Halsey Street, 5th Fl., POB 45029 Newark, NJ 07101- 45029 (973) 648-3441

June 29, 2015 June 29, 2015 June 29, 2015

Verizon New Jersey, Inc.

Ava-Marie P. Maclearn, VP State Government Affairs 50 Broad Street, Newark, NJ 07101 (973' 649-3125

June 29,2015

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