WHEREAS, between June 2024 and June 2025, the U.S. communications sector suffered 15,540 reported theft, vandalism, or sabotage incidents disrupting service for over 9.5 million customers nationwide;  

WHEREAS, these disruptions impose societal costs—borne primarily by consumers and communities—estimated between $38 million and $188 million during the period of June – December 2024;  

WHEREAS, both copper and wireless equipment theft and fiber vandalism have increased sharply, with attacks targeting underground and aerial infrastructure, whether or not enclosed by barriers;  

WHEREAS, these attacks have impacted critical institutions including hospitals, 911 dispatch centers, law enforcement and fire departments, government agencies, schools, and military installations, jeopardizing public safety and national security;  

WHEREAS, rising global copper prices and demand in scrap metal markets have created perverse incentives driving theft and resale of communications network materials;  

WHEREAS, existing legal frameworks in many states do not sufficiently reflect the modern scope of communications networks, often leaving above-ground and underground infrastructure vulnerable;  

WHEREAS, protecting critical communications infrastructure requires collaboration among states, municipalities, law enforcement, service providers, and metal recycling entities;  

THEREFORE, BE IT RESOLVED that the following model policy principles shall guide states in strengthening the protection of critical communications infrastructure.  

Legislative Purpose  

States should recognize that modern communications infrastructure is a foundational pillar of critical infrastructure, alongside transportation, water and energy systems. Threats to these networks—through theft, vandalism, or sabotage—impose cascading harms: they disrupt emergency services, undermine commerce, endanger public safety, and disproportionately affect vulnerable communities. 

In light of the documented rise in attacks and their economic impact, states should affirm their obligation to protect communications networks, enhance deterrence, and ensure accountability throughout the lifecycle of service delivery and recovery.  

Definitions. 

For purposes of potential legislation:  

• (a) Critical communications infrastructure facility should include all wire (fiber and otherwise), wireless equipment, and facilities, whether or not they are enclosed by a fence or barrier, and any structures used as part of a system to provide wired or wireless telecommunications services, cable or video services, or Internet access services.  
• (b) Metal recycling entity should include all entities that engage in the business of buying and selling regulated metals.  
• (c) Regulated metals should include (among others) communications equipment, communication, transmission, distribution, service wires, and wireless equipment from a communications provider.  

Offenses For Critical Communications Infrastructure Facility Theft and Damage.  

Criminal offenses should capture any unlawful appropriation with intent to deprive the owner of, or damage or destruction of:  

1. Any component of a critical communications infrastructure facility; and  
2. Equipment, communication wires or any component of a critical communications infrastructure facility or on which the facility depends to properly function, regardless of whether the equipment or communication wires are enclosed by a fence or other barrier. 
3. Offenses should be a felony. 

Registration and Certification.  

Metal recyclers should be registered with the state and have a license to do business, have a certificate to purchase scrap metal, and face penalties if they operate their business without a certification or registration.  

Statewide Electronic Reporting System.  

The state should have a centralized database of all regulated metals transactions. These transactions should be submitted to the database within 1 to 2 days of the transaction. There should be criminal penalties for failure to report to the database.  

Information From Seller.  

State law should require the metals dealer to obtain from the seller: 

• Copy of ID;  
• Home address and phone number;  
• Photo of seller’s face;  
• Photo of seller’s vehicle;  
• Photo of property purchased;  
•  Detailed description of type of metal sold;  
• Make, model, license number of vehicle used to transport the material; and  
• A written statement or affirmation that the seller owns the property or has the authority to sell it.  

A scrap metal dealer should not purchase scrap metal from a seller who:  

• (a) Uses a name other than his or her own name or the registered name of the seller’s business;  
• (b) Is younger than 18 years of age; or  
• (c) Is visibly under the influence of drugs or alcohol.  

Records and Inspections. 

State or local law enforcement must have the ability to inspect records, scrap metal transactions, and scrap yards without a subpoena.  

Penalties.  

Penalties should hold rogue scrap metal owners accountable for illegal activity, with increased penalties for owners that continually flout the law. A scrap metal dealer should be presumed to know that certain material is stolen if the scrap metal dealer knowingly and intentionally fails to obtain information from the seller or to report the transaction to the database. It should be a strict liability crime for a person to sell or for a scrap dealer to purchase, any stolen copper telecommunication wire, or telecommunication equipment.

Training and Education.  

Training on identification of critical infrastructure material should be developed and made available to metal recycling entities to aid the entities in identifying such material, including copper or telecommunication equipment that may be stolen property