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Liability Still Hazy for Cut Cable Air Traffic Disruption

Дата публикации: 25-09-2026 14:51:08

Transportation Sec. Sean Duffy wants to rebuild U.S. air traffic control infrastructure.

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Cut cable on New Jersey Transit project

Photo: Courtesy of New Jersey Transit

Photo provided by New Jersey Transit shows shallow excavation and cable cut blamed for widescale disruption of air travel on Sept. 22 in the northeast U.S.

 

It is still unclear why a construction crew accidentally cut a buried fiber-optic cable used by federal air traffic controllers in New Brunswick, N.J., Sept. 22, disrupting air travel in part of the northeast U.S. The workers had been building an unrelated project for New Jersey Transit, the statewide rall system.

Federal transportation officials used the accident, which caused cancellation of hundreds of flights, to call for more air-traffic control infrastructure funding. U.S. Transportation Secretary Sean Duffy wants Congress to approve $30 billion to modernize aviation infrastructure, including billions for the Federal Aviation Administration to replace outdated air traffic management systems.

While fiber optic cable is gradually replacing the air traffic system's copper wire, "we're replacing in the same network we've used for 40 years," Duffy told a Fox News television interviewer. "We want to have a whole new network where this will never happen again." 

The New Jersey Transit project, known as the Delco Lead Storage and Inspection Project, involves creation of a flood-resilient yard that will provide safe storage for New Jersey Transit rail cars and locomotives during extreme weather events. A key contract had been awarded to Howell, N.J.-based George Harms Construction, according to New Jersey Transit.

It is not clear if a George Harms Construction crew or one from another contractor accidentally cut the cable. The company could not immediately be reached for comment.

According to Common Ground Alliance, an underground utility trade group, there were 245,000 incidents of damage during ground work in the U.S. in 2025. The biggest causes included failure to contact a One Call Center, failure to maintain clearance from verified marks and the lack of or incorrectly made marks.

State laws establish the duties of both excavators and facility owners before any digging begins, according to the Burke Moore Law Group.

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In many such cases, the blame for the error and potential liability for the costs rests on the accuracy of ground markings.

At the New Brunswick jobsite, "preliminary information indicates the crew was operating approximately 10 ft from the utility markings," New Jersey Transit stated. The transit agency added that it is "determining whether it was Verizon or the contractor [that] made the utility markings at the site."

The disruption's root cause still is being sorted out. The cable connection was vital to northeast air-traffic control and required most of the day to repair. 

New Jersey Transit stated that the cable "served as a back-up to a primary circuit system that failed." But even that is not certain. The Federal Aviation Administration stated that the switch to the back-up fiber-optic cable was made in error.

Richard korman

Deputy Editor Richard Korman helps run ENR's business and legal news and investigations, selects ENR's commentary and oversees editorial content on ENR.com. In 2023 the American Society of Business Publication Editors awarded Richard the Stephen Barr Award, the highest honor for a single feature story or investigation, for his story on the aftermath of a terrible auto crash in Kentucky in 2019, and in 2015 the American Business Media awarded him the Timothy White Award for investigations of surety fraud and workplace bullying. A member of Investigative Reporters and Editors, Richard has been a fellow on drone safety with the McGraw Center for Business Journalism at the Craig Newmark Graduate School of Journalism at CUNY. Richard's freelance writing has appeared in the Seattle Times, the New York Times, Business Week and the websites of The Atlantic and Salon.com. He admires construction projects that finish on time and budget, compensate all team members fairly and record zero fatalities or serious injuries.

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