ALJ Decision in Eustis Cable Enterprises, Ltd., Docket No. 20-1006, Becomes a Final Order of the Commission.

Eustis Cable Enterprises LTD (ECE) is a communications contractor with its corporate office at Brookfield, Vermont that provides manpower and equipment for the construction of communications systems. (Tr. 443; Fact Stipulation (Stip.) No. 6). At issue in this case is ECE’s work as a prime contractor to Armstrong Telecommunications, Inc. (Armstrong). (Tr. 488; Stip. Nos. 7-9; Exs. 46 at 3 (Resp. to Interrog. Nos. 1-2), 49-50). Starting in August 2018, Armstrong hired ECE to install fiberoptic (also referred to as fiber) cable pursuant to a series of location-specific contracts within a large project to expand broadband access throughout rural, upstate New York. (Tr. 97, 101, 339-40, 614; Stip. Nos. 7-11; Ex. 46 at 3 (Resp. to Interrog. Nos. 2-3)). During October 2019 to January 2020, ECE was performing work in and around Alfred, New York, generally replacing strand and fiber. Strand is a support that holds the fiber for lashing. The fiberoptic is fiberglass and the strand is needed to support the fiber in order for it to stay up on the pole. (Tr. 98-101, 115, 340; Stip. No. 7; Ex. 49). During this time period, ECE ran its operations out of the Belmont Field Office under the direction of (former) Project Manager (PM) Timothy Becker. PM Becker worked on one project, the Armstrong Telephone, Western New York project, starting in 2017 during the four years he worked at ECE. (Tr. 98-99, 338-39, 342-43, 394; Stip. Nos. 12-13). He supervised at least twenty people out of the Belmont field office. (Tr. 347).