HomeMy WebLinkAbout2003-09-29-UTIL-rpt.pdf DTE 03-87
Enforcement Strategy for G L. c. 164, § 34B
Lexington Electric Utility Ad-hoc Committee
(September 30, 2003)
Problem
• There is no penalty for failure to comply with G.L. c. 164, § 34B, resulting in
widespread violations by the pole-owners.
Enhancing Enforcement of G.L. c. 86 § 7
• Provides that "The aldermen or selectmen may cause the removal from public ways
and places of unused poles, wires, structures or other appliances, at the expense of the
owners thereof." This provision could be used to hire a contractor to remove double
poles, but the absence of a clear cost-recovery mechanism leaves municipalities with
the risk and cost of litigation to recover such costs from the utilities. Municipalities
have been reluctant to use their statutory powers.
• Add provision allowing municipalities to credit actual costs against the municipality's
bills from the utilities that own the poles.
Adding Fine Schedule under G.L. c. 164, § 34B
• Starting on day 91, a non-criminal fine (similar to a parking ticket) may be imposed
by the municipality, by an officer designated by the board of selectman or city
council.
• Fines are charged per day and rise over time: $20/day for the first 30 days (days 91 to
120), $30/day for the second 30 days (days 121 to 150), and $40/day thereafter.
• The municipality may fine the utility responsible for setting and maintaining the pole,
or may split the fine between the joint owners of the pole. In either case, the utility
receiving the fine may charge other utilities that are responsible for the delay in
removing the pole.
• A municipality may credit the accrued fines more than 30 days old against the utility
bills of the municipality, its agencies and departments, and/or any regional
governmental entity to which the municipality belongs. The municipality shall notify
the utility of such action.
• Disputes between utilities over the apportionment of fines may be adjudicated by the
DTE.
• The DTE may "stop the clock" on the double-pole calculation, for up to fifteen days
at a time, if it finds that conditions beyond the utility's control (e.g., weather, labor
actions, providing mutual aid to other utilities) render complying with G.L. c. 164, §
34B impossible or imprudent.
Lexington EUAC Proposal 03-87 EnforcomontStrategy.doc
09/29/03, 12:10 PM