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Despite a cease and desist order issued by Connecticut utility regulators last month and a $5 million fine, installation of fiber optic cable by Frontier Communications is continuing, according to a company spokeswoman.
That’s because “the vast majority” of Frontier’s ultra-high speed fiber optic network expansion is being done above ground, with the cables attached to utility poles, Chrissy Murray, a company spokeswoman said last week. The July 27 cease-and-desist order issued by Connecticut’s Public Utilities Regulatory Authority against Frontier Communications, involves practices used by a Pennsylvania-based contractor and others doing the underground installation of fiber optic cables.
“A vast majority of our build in Connecticut is aerial so that continues on,” Murray said. “We take PURA’s citations seriously; however it is important to note that when building our fiber optic infrastructure, we consider underground, buried and aerial construction and look to what is best in each situation. Our current designs are the best methods for serving our customers across the state of Connecticut.”
In its cease and desist order, PURA officials contend that Frontier and its contractors have been “deploying fiber-optic cables in the public right-of-way using inappropriate design and construction standards and specifications, which has resulted, and will continue to result, in damage to underground natural gas and electric distribution facilities.”
“These actions put at risk the health and safety of both the public at large and the workers involved,” the order said in part. “Frontier and its contractors have continually violated numerous statutes and regulations.”
Joe Cooper, a spokesman for PURA, said “the ball is otherwise in the proverbial court of Frontier, as the resumption of their installation efforts is contingent upon demonstration of compliance with the orders of the Authority.”
The regulatory agency is requiring that Frontier develop an inspection program by today to excavate and inspect all affected locations that were cited in PURA’s order. Cooper said other utilities whose infrastructure was “damaged by the alleged actions of Frontier and its contractors may elect on their own to initiate a re-inspections of their own prior the submission of Frontier’s plan.”
Details regarding Frontier’s re-inspection plan, including cost recovery for remediation efforts, will be determined by PURA following submission of Frontier’s plan, he said.
Murray said Frontier officials “are reviewing every incident cited, gathering the details behind each one and working with all of our contractors in attempt to develop action plans to ensure this won’t happen again.”
“Currently, all of our contractors are going through a refresher training as a requirement for doing buried construction across the state,” she said.
One Frontier contractor named in the cease and desist order is Pennsylvania-based Parkside Utility Construction. Murray said Frontier officials “are working with Parkside to put things in place so we don’t continue these types of incidents.”
“They have been a good partner in the past and we expect to have them working with us for the foreseeable future,” she said when asked if Frontier would replace Parkside with another contractor.
The cease and desist order cites at least eight instances in which Frontier contractors damaged conduits of other utilities. In particular, the order cites a May 6, 2021 incident in which Parkside damaged a gas line to 166 Hull St. in Ansonia.
The investigation determined that Parkside neglected to “hand dig and expose the gas service under the driveway when attempting to cross the service, as required for trenchless excavations,” according to the order. Parkside was assessed and paid a civil penalty of $1,100 for this incident, according to PURA officials.
That contractor also, according to Call Before You Dig reports, damaged utility conduits seven times between mid-May 2021 and the end of last year. Those incidents occurred in Enfield, Middletown, Meriden, Stratford, Waterford, and Wallingford, where two conduits were damaged.
Parkside officials have not responded to repeated phone calls from Hearst Connecticut Media seeking comment on PURA’s claims.
Cooper said PURA has a division of staff engineers who specialize in investigation and enforcement of Call Before You Dig violations, as well as gas pipeline safety, regulations and statutes.
“The Authority’s July 27, 2022 Notice of Violation directed to Frontier details some of the Authority’s evidence,” he said. “More of these details will be discussed in a public hearing if Frontier exercises their right to a hearing within 30 days of receipt of the Notice of Violation.”
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