Opening a lead insulated buried cable. Lead can be resealed with solder after repairs.

In the early to mid-1950’s, thousands of landowners between Houston and Dallas/Ft. Worth, Tex. were asked to grant a right of way and easement to what was then known as the American Telephone & Telegraph Co. (AT&T). After winning permission, AT&T buried a 4-6 inch wide copper telephone cable sheathed in lead to connect the two cities — 200 miles apart — together. Almost 70 years later, that cable is coming back to haunt the phone company.

Telecommunications companies have used copper phone wiring for over 100 years to deliver telegraph, telephone, and data services. AT&T’s “trunk lines” often contained dozens, if not hundreds of individual cable pairs used to connect regional long distance calls and distant central switching offices together. To protect the cables, phone companies relied on simple paper insulation until the mid-1950s to keep the cable pairs from making contact with other wires. Buried cables were traditionally sheathed in lead, a very popular and durable insulator that dependably kept moisture out while allowing technicians easy access to the cables within. As the 1960s approached, phone companies began to switch to plastic insulation, but paper and lead-wrapped copper wiring remains in service in some areas to this day, often in large cities.

As with most AT&T-owned underground cables, the one in Texas was wrapped in lead. The company used a network of subterranean concrete rooms and above ground small cinder block buildings for maintenance, offering technicians direct access to the cable and various network equipment. Landowners knew the additional infrastructure belonged to AT&T because the company placed their logo on it.

Ongoing technological advancements eventually allowed AT&T to transition service to fiber optic cables, and by 2010, the Houston-Dallas copper cable was decommissioned. AT&T employees removed its signage, sold the cinder block structures and abandoned the underground vaults.

But AT&T did not remove the cable, which remains unused and buried to this day, allegedly leaching dangerous lead into the ground. Property owners fearing AT&T’s cable may be fouling the soil and groundwater with lead contamination took AT&T to court in 2016, seeking a class action case against the phone company for abandoning its cable and easements.

AT&T’s Environment, Health, and Safety Division offered a presentation at the 2010 International Telecommunications Safety Conference warning about the perils of old lead-sheathed phone cables, claiming “underground cable presents real possibilities for overexposure to lead:”

• Some older metropolitan areas may still have over 50% lead cable.
• Buried cable leaches many compounds to the surface of the insulation: lead carbonate, lead monoxide, lead sulfate, lead chloride, lead dioxide, lead acetate, lead nitrate, and lead sulfide. Many of these compounds do not adhere tightly to the cable and are easily airborne.
• Once in the soil, 83 and 98 percent of the released lead remains intact in the soil within 2 inches of the cables.

In addition to the cost of removing the unused cable, AT&T’s own safety engineers suggest removing old cables can also pose a significant health risk to employees and property owners if not done properly:

• Extraction of cable from underground duct can release unexpected high levels of lead dust.
• Wetting was not capable of controlling dust in many cases.
• Location of employees to cable extraction is important.

Despite the health risks, a judge denied class certification of the lawsuit on Tuesday, ruling each affected property owner will have to bring a separate lawsuit against AT&T.

U.S. District Judge Alfred H. Bennett issued the 11-page ruling against the claimants.

“Plaintiffs present the general retirement of underground coaxial and fiber optic cables, removal of signage/equipment for those cables, and planned release of some easements as class-wide proof that abandonment is a common question for the proposed class,” Judge Bennett wrote. “However, because the class does not deal with one easement, rather hundreds (if not thousands), each class member would need to present evidence of the definite acts revealing AT&T’s intent to abandon the particular easements associated with that member’s property.”

Bennett was also unpersuaded by claims that the abandoned AT&T cable created a presumption of imminent harm, and his ruling stated each property owner would have to provide evidence of the cable’s lead contamination on that owner’s land. In addition, each claimant would have to prove damages, assuming the statute of limitations had not run out years ago.

“Certainly, a separate soil analysis for each property would have to be present, along with evidence pertinent to determine the existence and cause of any contaminates on each of the properties,” Bennett wrote.

The law firm bringing the lawsuit plans an appeal.

Some residents in Houston and Dallas are furious at AT&T and its contractors for causing major damage to homeowners’ property, in one case burning down a Houston family home after accidentally hitting a natural gas line that resulted in a fire.

Joyce Skala’s home in Cypress was seriously damaged in a fire just before Thanksgiving 2017 and almost three months later, Skala says AT&T and its contractors won’t talk to her about the damages and who will pay for them.

“Everything you look at when you leave your house in the morning, it was gone,” Skala told KPRC News after the Nov. 14 fire. “I have not heard from a soul — not one. Not even a representative of a representative.”

The damage was not an isolated incident. KPRC noted two days later, AT&T’s contractors damaged an electric line in Shelli Moore’s yard in a different neighborhood, causing a power outage. Repairing the damage will cost her almost $2,000, and so far, Moore appears to be left holding the bill.

“That would break me,” she said. “I have no idea where I would come up with that kind of money, but we have to have lights and heat,” Moore said.

Joyce Skala’s home, destroyed by fire after an AT&T contractor hit a natural gas line (Image: KTRK)

In the Dallas-Ft. Worth area, utility workers made themselves right at home at Norma Logan’s home, using her back patio as a dining area and completely “trashing” her backyard.

Logan came home to find AT&T digging a deep trench along her back fence, damaging sections of it, as well as destroying her personal property. Then they left without a word.

“They broke many things out there,” Logan told KTVT. “They broke the fence. They broke the statue. They broke some of the things that I use to decorate the flower bed.”

A day later, the workers returned unannounced, this time with heavy equipment that continued to tear up her yard. But before getting to work, they spent a leisurely breakfast at her patio table just outside her back door. They didn’t bother to clean up after they finished.

The subcontractor responsible in these cases was NX Utilities, which has piled up a number of complaints against it since last fall. But AT&T appears to still be using the company to construct its fiber to the home network in both cities.

Contractors left evidence of their presence behind. (Image: Logan)

Anni Shugart’s Cypress home was damaged by an electric surge, and AT&T didn’t want to talk to her about the damage to her home either.

“I couldn’t get anywhere with AT&T,” Shugart said.

Shugart, like others, was left holding the bill after AT&T denied her claim, suggesting they are not responsible for the damages. They pointed her to NX Utilities, but that didn’t make much difference either so she called her insurance company, which is covering her repairs, except for the $4,500 deductible she is paying out of pocket.

“Well, I hope I’ll get it back eventually,” she said. “It’s a lot of money.”

Two days later, contractors hit another gas line. Four days after that they cut another underground power line.

“People in my neighborhood are mad at AT&T,” homeowner Pam Grossman told KPRC.

AT&T claims that it is not directly responsible for the damage, because it was caused by its third-party contractor NX Utilities. In fact, NX is just one of several layers of contractors working on AT&T’s fiber project, and in the event of a problem, the contractors are excellent at pointing fingers at one another.

KPRC reports when the fire marshal turned up to investigate the fires, the report included claims from contractors blamed each other while holding themselves harmless.

“There was no way that his company was involved in the fire,” said the owner of Connect Links in the fire marshal’s report.

KPRC in Houston reviews the damage being done in the Houston area by AT&T’s subcontractors managing the company’s fiber buildout. (3:58)

AT&T contractor NX Utilities allegedly damaged Norma Logan’s fence in the Dallas-Ft. Worth area. (Image: KTVT)

AT&T won’t say how many damage reports about it or its contractors have been filed in Houston and Dallas-Ft. Worth. But AT&T did say it was doing both cities a big favor by enabling them for gigabit fiber internet, and regrets the problems that have developed along the way.

“Our goal is to minimize impact on residents before, during and after construction and to keep them informed through a variety of means throughout the network expansion process,” AT&T said in a statement. “If construction-related issues do occur, we work quickly to resolve and restore any impacts from our work.”

The key emphasis is “our work” and AT&T feels its subcontractors are responsible for fixing their own problems.

“Whether large or small, these damages impact the public and that is not lost on us,” AT&T said. “We track damages and other issues and review performance with our contractors performing the work. As we identify poor performers, we cull those out. Damage can occur for a number of reasons, from contractor error to locates not being accurate. Before we begin a project, we talk with locating firms to provide them with some high-level visibility into where we anticipate completing work on a regular basis. Furthermore, as a part of the large project locate process, we typically provide 30-60 days’ notice versus the minimum 10 days.”

Logan discovered utility workers dug this trench in her backyard along the fence line. (Image: KTVT)

AT&T says projects of this large size and scope require careful planning and implementation, and the company has gotten significant experience managing fiber upgrades in a number of cities where it provides telephone and broadband service.

“We have dozens of supervisors and inspectors in the field to ensure our contractors are performing to our standard,” said AT&T. “We work closely with city officials to ensure our work is done in a timely and orderly fashion. Our contractors are trained to obtain proper permitting, closely follow local construction codes, and abide by rules governing rights-of-way and property easements.”

But many homeowners report they never got any advance notification about the construction work and even less often understood how it would impact on their property.

Logan said she received no notification, despite claims by NX it placed fliers on her door. But those fliers said nothing about heavy construction equipment being brought in, driven over grass and into a cramped backyard to dig. Logan was incensed as she watched equipment dig a trench several feet deep along her backyard fence line, ruining some of her lawn ornaments and damaging her fence.

A second day of empty coffee cups and fast food wrappers left on her patio table was also an unpleasant reminder of their presence.

NX later claimed they reprimanded their workers, not for the damage done to her property, but for not cleaning up their trash as they left.

The sudden arrival of heavy equipment attempting to navigate into Logan’s backyard only upset her further. (Image: KTVT)

AT&T is not the only telecom company that receives criticism for property damage while installing fiber cables. Google Fiber generated “hundreds of complaints” in the Austin area for construction mishaps, including alleged flooding from backed up storm drains that damaged multiple properties. In Charlotte, N.C., Google was accused of causing damage to water wells and allegedly struck a sanitary sewer, flooding a home with raw sewage.

Since September 2015, Charlotte city officials have cited contractors for ordinance violations more than 40 times for $21,300, data show. That included $14,200 in general violations and $6,700 for closing a portion of a right-of-way without the proper traffic control. Fines ranged from $100 to $1,800. Ansco, a contractor for AT&T, was cited the most: 17 times for $8,400. Bechtel, which does work for Google, was cited six times for $2,100, including fines that also mentioned another subcontractor.

How to protect yourself

If a company is performing work involving installation of underground cables, that carries the greatest risk of potential damage to property or other utilities. Many mishaps are caused by inaccurate maps that purport to show where other underground utilities are installed. In some areas, those maps are incomplete or wrong. In the United States, these problems are so serious that there is a nationwide free hotline – 811 – available to consumers and contractors for free on-site location flagging of where underground utilities are actually located.

AT&T is installing fiber optics in several Texas cities.

You can request your own site survey at no charge and photograph the results for your records.

Here is how to request a site survey:

• Call 811 from anywhere in the country at least two days before digging and your call will automatically be routed to your local one call center. Visit the 811 service state map to see if your local one call center accepts online requests.
• Give the operator information about how to contact you, approximately where you or a contractor will likely dig, and what type of work will be done. If you don’t know all the details, that is okay. Request a general assessment of where utilities have placed their cables on or near your property and let 811 know a contractor hired by the telecom company will be doing the work independently.
• Utility companies who have potential facilities involved will be notified of the imminent arrival of a contractor preparing to dig on or near your property.
• Each affected utility company will send a location team to mark the approximate location of underground utility lines. Sometimes they spray paint the location on grass or pavement in different colors reflecting the service. In other cases, they plant small plastic flags in a line where the cabling is located. This typically occurs within 2-3 working days, but some states may have different rules.  To access specific information about your state, visit the 811 state map.

Contractors are usually required by ordinance to notify you in advance of any utility work that is done on or near your property. This notice is usually in writing and can be a mailed or placed flier or a doorhanger card. Retain this notification until the work is complete. It will generally include contact information about the company doing the work and what to do in case a problem arises, and most importantly, who to contact.

Prior to the arrival of the construction crews, photograph your yard to document its current condition. Make sure to get clear photos along property lines or easements, documenting the condition of fencing, landscaping, and any pre-existing structures. If damage occurs, you will have before and after photos to show the contractor, town officials, and/or your attorney.

If possible, stay home on the day work is being done. Making your presence known will greatly reduce the chance utility workers will be careless with your personal property or how they conduct themselves. Document any suspicious or disturbing activity by taking video on your cell phone. Watch for workers attempting to access areas of your property unaffected by the work. They do not have the right to use your outdoor furniture for lounging or eating. They also do not have the right to relieve themselves in your yard.

Buried wire flags

In every case, they are responsible for reasonably restoring your property to the same condition it was in before they arrived. That means repairing ruts or reseeding disturbed portions of your lawn, repairing or replacing damaged items like fencing, lawn ornaments, buildings, and other personal property. If they damage or kill a tree, they are responsible for removing and replacing it, if it was located on your property and not in an easement (in those cases, contact your local town or city officials and ask how to proceed.)

If you discover damage to another company’s infrastructure (or public utilities), call the affected company or public utility right away. They will need to document the damage and arrange for repairs. If a utility power line is knocked down or damaged between the pole or yard pedestal and your home, some companies may require you to hire a private contractor to replace the line. You will want to notify the contractor that did the damage about the incident and begin documenting the process to receive reimbursement.

It is not your responsibility to navigate a company’s complex maze of contractors and subcontractors. Contact the telecom company doing the work and insist they identify the contractor involved and agree to liaison with you to get the matter resolved quickly to your satisfaction. They cannot walk away from their responsibility to correct damage just because they chose to hire an independent company to perform work on their behalf.

When an AT&T contractor hit a utility line, it caused a power surge damaging homeowners’ utility boxes and outside walls. (Image: KPRC)

KPRC asked Texas real estate attorney Nikolas Spencer about who is responsible in these cases according to Texas state law.

“All of them are,” he said. “If they know that this particular subcontractor is routinely causing fires at people’s houses, or even just nicking the lines themselves, that’s a repeated and dangerous situation that AT&T is on notice as happening. They’re responsible for that.”

Your municipality may be willing to share violation details about contractors performing work in your area. If you can document repeated instances of careless work or violations, that can be strong evidence to prove AT&T was aware of the situation, yet continued to use an offending contractor.

KPRC recommends hiring an attorney if severe damage is caused by a utility. For minor property damage, you may get fast results asking for a supervisor or filing a complaint with the Better Business Bureau or a state Attorney General’s office. Those complaints are generally forwarded to a senior customer service manager better empowered to get quick results.

Having a fiber optic upgrade is almost always a good thing, and can increase the value of your home in a sale. But for many homeowners, it has been decades since major utility construction work was done in older neighborhoods and people can forget the disruption, noise, inconvenience, and occasional damage that can be done along the way. Those best prepared in advance to fight for their interests are the most likely to win quick resolution and satisfaction from utility companies that do damage and may not have adequate resources (or interest) in correcting the problem before you give up in frustration and go away.

KTVT in Dallas reports AT&T’s fiber construction crews have damaged personal property and inconvenienced customers. (2:03)

Odorous House Ants in splice tray (Image: Rainbow Tech)

Ants going about their daily routine have grown increasingly frustrated with the presence of underground optical cables and other telecommunications equipment including lawn pedestals and terminating boxes and have become a growing problem for telecom companies that can blame local outages on their activities.

In the last month, Frontier, Windstream, AT&T, and Verizon all suffered outages directly attributed to insect activity. In most cases, the damage is unintentional — the insects use enclosed spaces like lawn pedestals and equipment cabinets as a handy home. Material brought into the colony can overheat equipment when it blocks air vents, increased moisture from the insects can corrode or compromise sensitive electronics, and insect attempts to push wiring out of the way can ruin optical cables.

Stop the Cap! reader Geoff Fielder found his entire neighborhood missing U-verse service last month and learned ants had infested the neighborhood’s fiber-copper junction box and corroded some of the equipment contained inside.

“When the technician opened the box, half the neighborhood could hear him screaming,” Fletcher said. “He made it quite plain he didn’t like ants. His partner arrived with a spray can in hand and knocked down most of them and encouraged the others to retreat. The damage was significant and they were surprised it happened so quickly because AT&T technicians tend to visit equipment boxes regularly when they connect new customers.”

It took most of the afternoon to repair the damage and bring the neighborhood back online.

Earlier this summer, Verizon FiOS user Paul McNamara, news editor of Network World, reported ants had destroyed the fiber optic cable bringing him service. Five years earlier, ants caused havoc when they colonized a utility junction box on a pole across the street. In both cases, they brought Verizon’s fiber network to its knees for McNamara.

“When the Verizon technician opened the box it was filled with hundreds of ants (I had actually forgotten about the earlier ant episode, but he clearly expected them to be there),” McNamara wrote in a blog post. “And when he shooed away enough of the critters to get a look inside, the red glow of a stripped fiber optic cable was clearly visible.”

The technician believed the ants were attracted to a liquid jelly used inside the cable’s casing.

Ant damage to an optical fiber cable (Image: Draka)

Draka, an optical fiber supplier dealing with complaints about insect damage, reports the ants it encounters are not seeking out optical cables. They just don’t appreciate when those cables get in their way.

The company ran test ant farms where they intentionally placed optical fiber cables in proximity to the colonizing ants. They were relieved to discover the ants didn’t target their brand of cable specifically — they attacked them all equally. This problem may require expert assistance; contact Marietta OH pest control companies to help you.

“Fibers from all four suppliers were found to be damaged by the activities of the ants in the farms,” Draka wrote in its study. “The ants did not preferentially attack Draka fiber in the competitor fiber farms, but rather they did damage to fibers from all vendors.”

Some ant species are less tolerant of cables than others. Among the nastiest are the Red, Western, and California Harvester Ants, found mostly west of the Mississippi. They dig ant galleries as deep as nine feet and have little tolerance for any underground cables they meet.

“It was concluded that the harvester ants often attempt to push aside any optical fiber they encounter if the fiber is in the way of their work,” Draka reported. “It was observed that they sometimes moved the fibers when they were in the way, but they were not seen trying to eat the coating or attacking the fiber.”

They needn’t do either to cause damage. The body parts they use to shove cables aside are capable of creating significant damage, starting with stripping the color off the cable and eventually destroying insulation straight down to the glass fiber itself.

Other ant species are also capable of causing indirect damage by their presence. Ant waste is often corrosive and a long-established colony can do significant damage to equipment cabinets.

The neighborhood bad boy, ready to chew.

Technicians assigned to dealing with insect-related outages encounter more than just ants, however. These insects often set up home inside little-accessed boxes:

• Black Widow Spiders
• Brown Recluse Spiders
• Crickets
• Fleas
• Millipedes
• Roaches
• Scorpions
• Silverfish
• Sowbugs
• Ticks
• Waterbugs

Rainbow Technology, a major supplier of insect and rodent control measures to utility companies, says a fast response can make a real difference. Rainbow said the worst offenders are five types of ants that have a bad reputation with utility companies: harvester ants, odorous house ants, Argentine ants, carpenter ants and fire ants. They have been implicated in service outages in California, Florida, Massachusetts, New Jersey, New York, and Texas.

Rodents, especially squirrels, also remain constant hazards everywhere – especially to overhead wiring. They need to wear down constantly growing teeth and utility cables are a perennial favorite. They typically stop gnawing after the insulation has been stripped off cable television or telephone wiring. They will stop gnawing for a different reason if they chew on electrical cables. So for those who want to banish them in their vicinity, they can now do so thanks to services like animal control.

Corpus Christi resident Sonny Tristan wants Time Warner Cable to fix the fence he claims they damaged more than a year ago when the company installed cable service at his Texas home.

Tristan says the cable company dug a trench to install the underground cable wire, but didn’t complete the job, leaving his backyard fence unstable and threatening to fall down.

Even a cable company technician agreed it was Time Warner’s responsibility to fix the problem, but for weeks all he got was talk and no action.

Like so many cable and telephone company problems Stop the Cap! covers for consumers, public exposure by local or online media is what usually draws enough attention to get a supervisor involved to fix the problem.  This time, Tristan went to KZTV’s Troubleshooters to try and cut through the red tape.

After the station called Time Warner, repair crews quickly arrived with word they were going to fix the fence without further delay, at no charge.

[flv]http://www.phillipdampier.com/video/KZTV Corpus Christi Troubleshooters Cable Company Damages Fence 8-17-11.flv[/flv]

Too often, media attention is the only effective way to cut through red tape that keeps cable and phone companies from fixing problems for customers.  KZTV in Corpus Christi reports it took their Troubleshooters team to get Time Warner out to fix a resident’s fence damaged by their installers.  (2 minutes)

San Francisco city officials last night remained in a stalemate with AT&T over the installation of hundreds of utility boxes to aid the company’s U-verse fiber to the neighborhood system.

Since 2008, AT&T has sought to install the metal cabinets — dubbed “lawn refrigerators” by critics — that would house links with AT&T’s fiber network and copper wire connections leading to individual homes.  The plan has been in limbo since the threat of lawsuits and controversy over whether the boxes could reduce the visual appeal of neighborhoods and harm property values.

AT&T’s latest plan, now also on hold, seeks to allow the company to install 726 4-foot-tall cabinets around the city.  That’s completely unacceptable to groups like San Francisco Beautiful, which say the cabinets block public sidewalks and attract graffiti, eventually leading to urban blight.  The group wants AT&T to install the boxes on private property or underground.

[flv width=”600″ height=”358″]http://www.phillipdampier.com/video/KGO San Francisco Showdown Over ATT Boxes 6-23-11.flv[/flv]

KGO-TV in San Francisco covers the fracas over AT&T’s “lawn refrigerators” — cabinets designed to support its U-verse fiber to the neighborhood service.  (2 minutes)

Surprise! A Greensboro, N.C. couple woke up to find AT&T installing these boxes in their front yard. (Courtesy: WFMY-TV)

With the matter generating intense media scrutiny, local politicians have become cautious and a Board of Supervisors vote on the matter has been repeatedly postponed.

AT&T’s U-verse cabinets have been controversial in many areas where they suddenly appear in public rights-of-way, often in front yards.

In Greensboro, N.C., Doris and Dave Robinson learned this the hard way when a tractor, backhoe, and truck appeared in their front yard one morning to install a six foot high metal cabinet with an ominous warning painted on the front telling passersby – “WARNING – AT&T Underground Cable.”

Doris Robinson called and wrote AT&T to no avail, and took their story to a Greensboro television station to warn the neighbors.

“It’s just hard to believe that anyone can come onto our property, put something on the property we disapprove of and leave it on our property,” Dave Robinson told WFMY News. “It’s just not right.”

Doris added, “It struck me as being just terrible to be digging in your front yard and they hadn’t said a word to us.”

In the case of North Carolina, it turns out they don’t have to.  The North Carolina legislature passed laws at the behest of AT&T giving them near carte blanche access to easements established for utilities.  In the past, these have been used for buried and overhead wiring.  Today, they are increasingly used to place enormous metal cabinets, sometimes on the ground, other times attached to a utility pole.  Many have fans that can be heard several yards away.

In California, it will take an affirmative vote by local government officials before AT&T can install similar equipment in San Francisco.

[flv width=”480″ height=”340″]http://www.phillipdampier.com/video/WFMY Greensboro ATT U-Verse Service Means Giant Boxes On Homeowners Front Lawn 6-29-11.flv[/flv]

WFMY-TV in Greensboro shares the story of Doris and Dave Robinson who awoke one morning to find AT&T installing boxes nearly six feet tall on their front lawn.  (5 minutes)