William J. Baleorski verizon ‘Assistant Ganoral Counsel One Verizon Way \VC54NO7OA, Basking Ridgo, N) 07920-1007 Phone 908-559-5560 October 27, 2010 Fax 908-766-8264 Witla J Balcerst@ Verizon.com John D. Kemp, Esq. Powers Pyles Sutter & Verville PC 1501 M Street, N.W., 7” Floor Washington, D.C. 20005-1700 Re: Naney Flinn Dear Mr. Kemp: This is in response to your October 21, 2010 letter to Ivan Seidenberg, Chief Executive Officer of Verizon. Please direct all further correspondence on this issue to me. The pole in front of your client Nancy Flinn’s home on Poplar Street was placed in 1959 and is part of a pole line run that serves the residents on the block. It is believed that the roots of a tree next to the pole caused the pole to shift and lean onto Ms. Flinn’s home. The city recently cut down the tree, but the stump remains and Verizon cannot straighten the pole until the city removes the stump. Even if the stump is removed, Verizon may be unable to straighten the pole without causing damage to the foundation of Ms. Flinn's home. It might be possible to place a new pole further from the house and cut the old pole at grade after the lines are transferred. As stated in your letter, Verizon had offered to move the pole to a different location in front of Ms. Flinn’s home at no cost to her. In fact, Verizon obtained a permit from the city to perform the work. Ms. Flinn agreed on the new location for the pole, but upon commencement of the work to relocate the pole, Ms. Flinn rejected the proposed relocation and refused to allow the work to proceed. Verizon also offered to place the pole within Ms. Flinn’s small fenced-in garden, which extends into the public right-of-way. She rejected this offer as well. ‘You now claim that the proposed new pole location might create problems for disabled persons who use mobility devices, but you have not provided any documentation to substantiate that claim. Verizon is unaware of any provisions of the Americans with Disabilities Amendments Act that will be violated if the pole is moved to the proposed new location. Your client continues to demand that the pole be moved across the street. As Verizon has repeatedly explained, it is not operationally or economically feasible to move the pole across the street. In addition, that location is private and not within the public easement that Verizon possesses.October 27, 2010 If your client will not allow Verizon to relocate the pole to a new location in front of her home, then Verizon has no choice but to leave the pole in its current location. Once the city removes the tree stump next to the pole, Verizon will take the necessary action to straighten the pole so it no longer leans on Ms. Flinn's home. Very truly yours, eC William J. Bal