After August 28, 1969, extensions of electric distribution lines on applicants' owned and leased properties, and in industrial parks, necessary to furnish permanent electric service to new commercial and industrial buildings, and to new multiple-occupancy buildings shall be made underground. These regulations do not apply to extensions of lines of nominal 33,000 volts and higher. The application of these regulations is not mandatory for extensions of lines to provide electric service to customers whose premises are so unesthetic that the construction of underground lines would serve no purpose. Customers of this nature might include gravel pits and other mining operations, junk yards, railroad yards, and steel mills. In this chapter, the following terms have the meanings indicated. Terms Defined. “Applicant” means the person, partnership, association, corporation, or government agency applying for electric service. “Commission” means the Public Service Commission of Maryland. “Industrial park” means an area which has been zoned for industrial use and which is covered by a recorded subdivision plat. “Multiple-occupancy building” means a structure enclosed within walls or fire walls, built, erected, and framed of component structural parts and designed to contain 5 or more individual dwelling units. “Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland. “Public service company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland. “Underground extension” means an underground extension of the electric distribution system on an applicant's owned or leased property, primarily to serve the property, or the underground extension of the electric distribution system to serve more than one customer in an area, such as in an industrial park. “Utility” means an “electric company” as defined in Public Utilities Article, §1-101, Annotated Code of Maryland. Rights-of-way and easements suitable to the utility shall be furnished at no cost to the utility by the applicant in a reasonable time to meet service requirements, shall be cleared of trees, tree stumps, and other obstructions at no charge to the utility, and shall be graded to within 6 inches of final grade by the applicant before the utility will commence construction. The clearance and grading shall be maintained by the applicant during construction by the utility. If, subsequent to construction, the clearance or grade is changed in such a way as to require relocation of the underground facilities, the cost of the relocation shall be borne by the applicant or his successor. Upon receipt of a proper application, the utility shall install an underground extension with sufficient capacity and suitable materials which, in its judgment, will assure that the applicant, or customer, will receive safe, adequate, and reasonable electric service to meet his requirements. The design and construction of the underground extension shall conform to accepted good engineering practice in the electric industry to provide an installation at reasonable cost, consistent with the objectives of §A of this regulation. If the applicant demands an installation more costly than that normally furnished by the utility to meet the objectives of §B of this regulation, then the applicant shall pay the cost of his additional requirements. The applicant shall furnish or pay for, or both, as elected by the utility: Rights-of-way and easements in accordance with Regulation .03 of this chapter; Required suitable conduit systems, including conduits or raceways within a building on the line side of the meter; Required suitable transformer vaults and entrance facilities; Required suitable enclosures for switching and protective equipment; and All equipment and facilities, other than those specified above, required by the utility's rate schedule for the type of service received. The utility shall construct a connection from the utility's existing supply facilities to the underground extension in accordance with the extension rules of the utility on file with the Commission. An electric company may not permit any person not a public service company to make attachment to any electric company existing overhead facilities for the purpose or intended purpose of providing overhead service to a customer to whom the electric company is required to provide underground service in accordance with the regulations of the Commission with respect to underground service. To the extent practicable, electric cables, communications cables, and gas pipes shall be installed in the same trench, care being taken to conform to any applicable code and utility specification. Upon timely application, an electric company shall allow any person precluded from using overhead facilities as set forth in Regulation .08B, of this chapter, joint use of its open trenches wherever reasonable and technically feasible in accordance with mutually agreeable terms and conditions. When a utility has filed with the Commission tariff provisions which pertain to underground service and which are not in conflict with these regulations, then the tariff provisions shall be considered as supplements to these regulations for that utility. In unusual circumstances, when the application of these regulations appears impracticable or unjust to either party, or discriminatory to other customers, the utility or applicant shall refer the matter to the Commission for a special ruling or for the approval of special conditions which may be mutually agreed upon, before commencing construction. Public Utilities Article, §§2-121 and 5-101, and Title 12, Subtitle 1, Annotated Code of Maryland Effective date: August 28, 1969 (Order No. 57831) Chapter revised effective September 1, 1971 (Order No. 59432) Regulations .02E, F, .08B, and .09B adopted effective October 1, 1973 (Order No. 60392) Regulations .05 and .07 repealed effective March 26, 1984 (11:6 Md. R. 556) After August 28, 1969, extensions of telephone distribution lines on applicants' owned and leased properties, and in industrial parks, necessary to furnish permanent telephone service to new commercial and industrial buildings and to new multiple-occupancy buildings, shall be made underground. The application of these regulations is not mandatory for extensions of lines to provide telephone service to customers whose premises are so unesthetic that the construction of underground lines would serve no purpose. Customers of this nature might include gravel pits and other mining operations, junk yards, railroad yards, and steel mills. In this chapter, the following terms have the meanings indicated. Terms Defined. “Applicant” means the person, partnership, association, corporation, or government agency applying for telephone service, or developing an industrial park, shopping center, or other commercial or industrial building in which telephone service is to be provided. “Commission” means the Public Service Commission of Maryland. “Industrial park” means an area which has been zoned for industrial use and which is covered by a recorded subdivision plat. “Multiple-occupancy building” means a structure enclosed within walls or fire walls, built, erected, and framed of component structural parts and designed to contain 5 or more individual dwelling units. “Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland. “Public service company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland. “Underground extension” means an underground extension of the telephone distribution system on an applicant's owned or leased property, primarily to serve the property, or the underground extension of the telephone distribution system to serve more than one customer in an area, such as in an industrial park. “Utility” means a “telephone company” as stated in Public Utilities Article, §1-101, Annotated Code of Maryland. Rights-of-way and easements suitable to the utility shall be furnished at no cost to the utility by the applicant in a reasonable time to meet service requirements, shall be cleared of trees, tree stumps, and other obstructions at no charge to the utility, and shall be graded to within 6 inches of final grade by the applicant before the utility will commence construction. The clearance and grading shall be maintained by the applicant during construction by the utility. If, subsequent to construction, the clearance or grade is changed in such a way as to require relocation of the underground facilities, the cost of the relocation shall be borne by the applicant or his successor. Upon receipt of a proper application, the utility shall install an underground extension with sufficient capacity and suitable materials which, in its judgment, will assure that the applicant, or customer, will receive safe, adequate, and reasonable telephone service to meet his requirements. The design and construction of the underground extension shall conform to accepted good engineering practice in the telephone industry to provide an installation at reasonable cost, consistent with the objectives of §A of this regulation. If the applicant demands an installation more costly than that normally furnished by the utility to meet the objectives of §B of this regulation, then the applicant shall pay the cost of his additional requirements. The applicant shall furnish or pay for, or both, as elected by the utility: Rights-of-way and easements in accordance with Regulation .03 of this chapter; Required suitable conduit systems; and Opening, resurfacing, and repaving of paved surfaces. The connection from the existing telephone distribution system to the underground extension shall be constructed by the utility in accordance with the extension rules of the utility on file with the Commission. A telephone company may not permit any person not a public service company to make attachment to any telephone company existing overhead facilities for the purpose or intended purpose of providing overhead service to a customer to whom the telephone company is required to provide underground service in accordance with the regulations of the Commission with respect to underground service. To the extent practicable, electric cables, communications cables, and gas pipes shall be installed in the same trench, care being taken to conform to any applicable code and utility specification. Upon timely application, a telephone company shall allow any person precluded from using overhead facilities, as set forth in Regulation .06B of this chapter, joint use of its open trenches wherever reasonable and technically feasible in accordance with mutually agreeable terms and conditions. When a utility has filed with the Commission tariff provisions which pertain to underground service and which are not in conflict with these regulations, then the tariff provisions shall be considered as supplements to these regulations for that utility. In unusual circumstances, when the application of these regulations appears impracticable or unjust to either party, or discriminatory to other customers, the utility or applicant shall refer the matter to the Commission for a special ruling or for the approval of special conditions which may be mutually agreed upon, before commencing construction. Public Utilities Article, §§2-121 and 5-101, and Title 12, Subtitle 1, Annotated Code of Maryland Effective date: August 28, 1969 (Order No. 57831) Chapter revised effective September 1, 1971 (Order No. 59432) Regulation .02A amended effective October 31, 1988 (15:22 Md. R. 2559) Regulations .02E, F, .06B, and .07B adopted effective October 1, 1973 (Order No. 60392) Regulation .05C amended effective October 31, 1988 (15:22 Md. R. 2559) Extensions of electric distribution lines made after June 5, 1968, which are necessary to furnish permanent electric service to new residential buildings and mobile homes, shall be made underground. The extensions of service shall be made by the utility in accordance with the provisions in these regulations. These regulations apply to: Extensions of electric distribution lines in subdivisions where primary, secondary, and service lines will be placed underground to provide permanent electric service to any number of residential buildings or mobile homes; and An extension to provide permanent electric service to a single residential building or to a mobile home. In this chapter, the following terms have the meanings indicated. Terms Defined. Applicant" means the developer, builder, property owner, or other person, partnership, association, corporation, or governmental agency applying for permanent electric service to new residential buildings or mobile homes. “Commission” means the Public Service Commission of Maryland. “Mobile home” means a dwelling unit constructed for permanent occupancy, which is: Designed for moving along roads and highways by towing with a truck or tractor; and Installed on a permanent foundation. “Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland. “Public service company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland. “Residential building” means a structure enclosed within exterior walls or fire walls, built, erected, and framed of component structural parts and designed for single-family occupancy. “Subdivision” means a portion of real property: Which includes or otherwise designates lots or locations intended for residential buildings or mobile homes including “planned unit developments” or “new towns”; and For which a new electric distribution system is required in order to furnish electric service in it. “Underground electric distribution system” means that portion of an electric utility distribution plant necessary to furnish permanent underground service to all present and anticipated residential buildings and mobile homes in a subdivision. The system includes underground electric service lines as defined in §B(9) of this regulation. “Underground electric service line” means that portion of an electric utility distribution plant necessary to furnish permanent underground service from the lot line to a residential building or mobile home. “Utility” means an “electric company” stated in Public Utilities Article, §1-101, Annotated Code of Maryland. The utility shall construct, own, operate, and maintain an underground electric distribution system only along public streets, roads, and highways which the utility has the legal right to occupy, and on public lands and private property across which rights-of-way and easements satisfactory to the utility may be obtained without cost or condemnation, in reasonable time to meet service requirements. Rights-of-way and easements shall be cleared of trees, tree stumps, and other obstructions at no charge to the utility, and shall be graded to within 6 inches of final grade by the applicant before the utility will commence construction. The clearance and grading shall be maintained by the utility. If, subsequent to construction, the clearance or grade is changed in such a way as to require relocation of the underground facilities, the cost of the relocation shall be borne by the applicant or his successor. Upon receipt of a proper application, the utility shall install, own, and maintain an underground electric distribution system or underground electric service line with sufficient capacity and suitable material which, in its judgment, will assure that the applicant will receive safe, adequate, and reasonable electric service for the foreseeable future. If the underground electric distribution system is to be installed in a subdivision, the applicant shall furnish the utility as required, at no charge, property plats, utility plans, grading plans, roadway profiles, and other items showing details of proposed construction within the applicant's subdivision in reasonable time to allow the utility to engineer, design, and construct its facilities in a safe and efficient manner to meet service requirements and to comply with applicable laws, codes, and regulations. A charge may not be made by the utility for the underground installation, except in accordance with tariffs filed with the Commission and the following general guidelines: The service connection to the building normally will be at the corner of the building nearest the point at which the underground electric service line enters the property to be served. Each applicant will cooperate with the utility in an effort to keep the cost of construction and installation of the underground electric distribution system or service line as low as possible. Additional costs arising from failure of the applicant to cooperate with the utility, such as his making changes in grade or failing to maintain grade, shall be borne by the applicant. If an underground installation is to be constructed within a subdivision designed to include large open areas which would result in an abnormal increase in the investment per customer required to construct the underground distribution system, then the utility may refer the matter to the Commission for a ruling as to whether a charge should be assessed against the applicant, and the amount of the charge, if any. For underground electric distribution systems installed in subdivisions, the utility shall construct a connection from the boundary line of the applicant's subdivision to the utility's existing supply facilities, subject to the following provisions: The extension from the boundary line of the subdivision, for a maximum distance of 200 feet, shall be made underground, at the utility's expense; and If an extension in excess of 200 feet is required, then the extension over 200 feet shall be made underground in accordance with the regular extension of the utility on file with the Commission, subject to appeal to the Commission if this should appear to be impracticable. For underground electric service lines to new residential buildings or mobile homes for which §A of this regulation is not applicable, the utility shall construct an underground line from the lot line of applicant's property to the existing underground or overhead line on either side of the street or road in front of the lot, at no charge to the applicant. If there is no electric supply facility or overhead facilities of another public service company which may be jointly shared along the street or road at that location, then the utility shall construct an underground line to the nearest practicable existing electric supply facilities in accordance with the provisions of the regular extension rules in the tariff of the utility on file with the Commission. However, any charge or deposit to the applicant may not exceed the equivalent of $1 per foot of line extension not on applicant's property, subject to appeal to the Commission under Regulation .10, if this should appear to be impracticable. An electric company may not permit any person not a public service company to make attachment to any electric company existing overhead facilities for the purpose or intended purpose of providing overhead service to a customer to whom the electric company is required to provide underground service in accordance with the regulations of the Commission with respect to underground service. When, due to the manner in which a subdivision is developed, the utility is required to construct an underground electric distribution system through a section or sections of the subdivision where service will not be connected for at least 2 years, then the utility may require the applicant to make a reasonable deposit before construction is commenced. The deposit may be no more than the estimated installed cost of the underground distribution system less the estimated installed cost of transformers and meters. The deposit, without interest, shall be returned to the applicant on a proportional basis as each new customer in the subdivision completes his permanent service connection. Any portion of a deposit remaining unrefunded 10 years from the date the utility is first ready to render service from the extension will be retained by the utility and credited to an appropriate account. Each utility engaged in underground construction shall cooperate to the extent practicable in having information available for review by other utilities concerning applicants for new services. To the extent practicable, electric cables, communications cables, and gas pipes shall be installed in the same trench, due care being taken to conform to any applicable code and utility specification. Upon timely application, an electric company shall allow any person precluded from using overhead facilities as set forth in Regulation .06C of this chapter, joint use of its open trenches wherever reasonable and technically feasible in accordance with mutually agreeable terms and conditions. In unusual circumstances, when the application of these regulations appears impracticable or unjust to either party, or discriminatory to other customers, the utility or applicant may refer the matter to the Commission for modification of the regulations or for the approval of special conditions before commencing construction. Requests to the Commission for exemption from the requirements for underground installation of an electric distribution system or a service line shall be in writing and shall include the following: Description of the probable impact on the environment if the overhead line is constructed, including proposed overhead construction; Estimate of the installation cost of underground, by major elements; Estimated annual revenue from the proposed system or line; Number of customers to be served from the proposed system or line; and Property plat indicating the physical features, potential customers, and system or line layout (underground and overhead). Public Utilities Article, §§2-121 and 5-101, and Title 12, Subtitle 1, Annotated Code of Maryland Effective date: June 5, 1968 (Order No. 57282) Amended effective November 1, 1968 (Order No. 57413) Chapter revised effective September 1, 1971 (Order No. 59429) Chapter revised effective July 1, 1973 (Order No. 60316) Regulations .02D, E, .06C, and .08C adopted effective October 1, 1973 (Order No. 60391) Regulation .05 amended effective March 26, 1984 (11:6 Md. R. 557) Regulation .09 repealed effective August 21, 2023 (50:16 Md. R. 728) Extensions of telephone distribution lines made after June 5, 1968, which are necessary to furnish permanent telephone service to new residential buildings and mobile homes, shall be made underground. The extension of service shall be made by the utility in accordance with the provisions in these regulations. These regulations apply to: Extensions of telephone distribution lines in subdivisions where distribution cables and service lines will be placed underground to provide permanent telephone service to any number of residential buildings or mobile homes; and An extension to provide permanent telephone service to a single residential building or to a mobile home. In this chapter, the following terms have the meanings indicated. Terms Defined. “Applicant” means the person, partnership, association, corporation, or government agency applying for permanent telephone service, or developing a subdivision in which telephone service is to be provided to new residential buildings or mobile homes. “Commission” means the Public Service Commission of Maryland. “Mobile home” means a dwelling unit constructed for permanent occupancy, which is: Designed for moving along roads and highways by towing with a truck or tractor; and Installed on a permanent foundation. “Person” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland. “Public service company” has the meaning stated in Public Utilities Article, §1-101, Annotated Code of Maryland. “Residential building” means a structure enclosed within exterior walls or fire walls, built, erected, and framed of component structural parts and designed for single-family occupancy. “Subdivision” means a portion of real property: Which includes or otherwise designates lots or locations intended for residential buildings or mobile homes including “planned unit developments” or “new towns”; and For which a new telephone distribution system is required in order to furnish telephone service therein. “Underground telephone distribution system” means that portion of a telephone utility distribution plant necessary to furnish permanent underground service to all present and anticipated residential buildings and mobile homes in a subdivision. The system includes underground telephone service lines as defined in §B(9) of this regulation. “Underground telephone service line” means that portion of a telephone utility distribution plant necessary to furnish permanent underground service from the lot line to a residential building or mobile home. “Utility” means a “telephone company” stated in Public Utilities Article, §1-101, Annotated Code of Maryland. The utility shall construct, own, operate, and maintain an underground telephone distribution system only along public streets, roads, and highways which the utility has the legal right to occupy, and on public lands and private property across which rights-of-way and easements satisfactory to the utility may be obtained by the utility without cost or condemnation, in reasonable time to meet service requirements. Rights-of-way and easements shall be cleared of trees, tree stumps, and other obstructions at no charge to the utility, and shall be graded to within 6 inches of final grade by the applicant before the utility will commence construction. The clearance and grading shall be maintained by the applicant during construction by the utility. If, subsequent to construction, the clearance or grade is changed in such a way as to require relocation of the underground facilities, the cost of the relocation shall be borne by the applicant or his successor. Upon receipt of a proper application, the utility shall install, own, and maintain an underground telephone distribution system or underground telephone service line with suitable materials which, in its judgment, will assure that the applicant will receive safe, adequate, and reasonable telephone service for the foreseeable future. If the underground telephone distribution system is to be installed in a subdivision, the applicant shall furnish the utility, as required, at no charge, property plats, utility plans, grading plans, roadway profiles, and other items showing details of proposed construction within the applicant's subdivision in reasonable time to allow the utility to engineer, design, and construct its facilities in a safe and efficient manner to meet service requirements and to comply with applicable laws, codes, and regulations. A charge may be made by the utility for the underground installation, in accordance with tariffs filed with the Commission and the provisions of this regulation. The service connection to the building normally will be at the corner of the building nearest the point at which the underground telephone service line enters the property to be served. If the applicant specifies a different service connection point at the building, then he shall pay the estimated cost of the excess trenching and backfilling. Each applicant will cooperate with the utility in an effort to keep the cost of construction and installation of the underground telephone distribution system or service line as low as possible. Additional costs arising from failure of the applicant to cooperate with the utility shall be borne by the applicant. The charges resulting from the application of these regulations may not be waived or refunded. The connection from the existing telephone distribution system to the underground telephone distribution systems installed within a subdivision shall be made underground in accordance with the regular extension rules of the utility on file with the Commission. For underground telephone service lines to new residential buildings or mobile homes, the utility shall construct an underground line from the lot line of the applicant's property to the existing underground or overhead line along either side of the street or road in front of the lot, at no charge to the applicant. If there is no telephone line or overhead facilities of another public service company which may be jointly shared along the street or road at that location, then the utility shall construct an underground line to the nearest practicable existing facilities in accordance with the regular extension rules in the tariff of the utility on file with the Commission, subject to appeal to the Commission under Regulation .09 of this chapter, if this should appear to be impracticable. A telephone company may not permit any person not a public service company to make attachment to any telephone company existing overhead facilities for the purpose or intended purpose of providing overhead service to a customer to whom the telephone company is required to provide underground service in accordance with the regulations of the Commission with respect to underground service. The utility may require a reasonable deposit from the applicant before construction is commenced, in order to guarantee performance. The deposit, without interest, shall be returned to the applicant, on a pro-rata basis, as each new customer makes application for service. Any portion of the deposit remaining unrefunded 10 years from the date the utility is first ready to render service from the extension will be retained by the utility and credited to an appropriate account. Each utility engaged in underground construction shall cooperate to the extent practicable in having information available for review by other utilities concerning applicants for new service. To the extent practicable, electric cables, communications cables, and gas pipes shall be installed in the same trench, due care being taken to conform to any applicable code and utility specifications. Upon timely application, a telephone company shall allow any person precluded from using overhead facilities as set forth in Regulation .06C of this chapter, joint use of its open trenches wherever reasonable and technically feasible in accordance with mutually agreeable terms and conditions. In unusual circumstances, when the application of these regulations appears impracticable or unjust to either party, or discriminatory to other customers, the utility or applicant may refer the matter to the Commission for modification of the regulations or for approval of special conditions before commencing construction. Requests to the Commission for exemption from the requirements for underground installation of a telephone distribution system or a service line shall be in writing and shall include the following: Description of the probable impact on the environment if the overhead line is constructed, including proposed overhead construction; Estimate of the installation cost of underground, by major elements; Number of customers to be served from the proposed system or line; and Property plat indicating the physical features, potential customers, and system or line layout (underground and overhead). Public Utilities Article, §§2-121 and 5-101, and Title 12, Subtitle 1, Annotated Code of Maryland Effective date: June 5, 1968 (Order No. 57282) Amended effective November 1, 1968 (Order No. 57413) Chapter revised effective September 1, 1971 (Order No. 59429) Chapter revised effective July 1, 1973 (Order No. 60316) Regulation .02A amended effective October 31, 1988 (15:22 Md. R. 2559) Regulations .02D, E, .06C, and .08C adopted effective October 1, 1973 (Order No. 60391) Regulation .05A--C amended effective October 31, 1988 (15:22 Md. R. 2559) Effective date: June 26, 1974 (Order No. 60838) Chapter repealed effective July 4, 2005 (32:13 Md. R. 1116)