HomeMy WebLinkAbout2004-03-31-UTIL-rpt.pdf Article 33
Removal and Installation
of Utility Poles
Paul Chernick, Chairman
Electric Utility Ad-hoc Committee (EUAC)
March 31, 2004
State law requires removal of double poles
within 90 days
A distribution company or a telephone company engaging in the removal of an
existing pole and the installation of a new pole in place thereof shall complete the
transfer of wires, all repairs, and the removal of the existing pole from the site
within 90 days from the date of installation of the new pole (Mass. General Laws,
Chapter 164, Section 34B)
...but there is no enforcement mechanism in the law
Pole owners are in widespread violation, in Lexington and
throughout Massachusetts
Poles in Lexington are jointly owned by Verizon and NStar,
maintained by Verizon, and used by RCN, Comcast, the Fire
Department and some private fiber-optics users
Lexington has tried to work with pole owners
EUAC met 7 times with pole owners and cable companies in 2002,
helping utilities develop and update a database to schedule
wire transfers and pole removal. EUAC inventoried every
double pole in Lexington.
Both utilities were questioned repeatedly by the BOS.
Oct 2002: BOS Chair asks utilities for a plan to remove older
double poles, report every two weeks on removals and new
double poles, and update the plan every three months.
Jan 2003: Verizon promises to remove 20 poles per month, and file
the requested reports.
Sept 2003: only 2 biweekly reports and no plan updates had been
received, despite repeated letters from Selectmen.
Lexington had 308 double poles in June 2002, 373 in October 2003
Lexington has tried to find a state-wide solution
Legislature asked Department of Telecommunications & Energy
(DTE) to investigate double-pole enforcement
Lexington recommended a state-wide fine schedule and rules, with
local enforcement (Sept 2003)
Verizon announced "Lexington pilot" to remove double poles,
without specific goals or incentives
DTE recommended that Legislature do nothing, in hope utilities
might comply voluntarily
No Legislative action yet
Utility database (which has often been incomplete) still lists 234
double poles in Lexington
Lexington 's proposed by-law (Article 33)
Modeled after Bedford by-law
Massachusetts Attorney General has approved Bedford by-law
NStar has requested an injunction to prevent enforcement of by-law
Court has heard oral arguments on injunction, but not acted
Lexington passage of a similar by-law would publicize utilities'
violations of State law and increase pressure
on utilities to comply with State law
on DTE and Legislature to establish statewide enforcement
The proposed by-law offers a creative approach
No cost commitment by Town
No requirement to enforce the by-law
Revenues would more than pay for enforcement
Fine is $100/day/double pole after 90 days
As of 3/30/04, over 150 double poles were over 90 days old
The fine would be $15,000/day, S450,000/month