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)