TOPEKA – The Kansas Corporation Commission (KCC) has assessed $60,000 in fines to AT&T for failure to provide timely locate marks of its underground facilities as required by the Kansas Underground Prevention Act (KUUDPA).
Kansas law requires excavators to provide at least two days notice of their intent to dig and utilities are required to mark the underground lines within two days. The order, issued this week, states that on 60 separate occasions between April 30, 2024 and May 30, 2024, KCC staff investigations revealed that AT&T failed to provide excavators with the location of its buried facilities within the required time frame. These actions delayed the work schedules of excavators and violated statutes.
Notices of Probable Noncompliance were issued to AT&T for each of the 60 incidents. The company responded, admitting that buried lines were not located before excavation began and attributing delays to a lack of capacity to complete the request or falling behind on projects.
KCC Commissioners expressed concern over the large number of violations addressed in the order. Commissioners were also concerned this may be an ongoing problem not being addressed by the company. Potential risks include safety impacts and impairment of services.
Commission Chair Andrew French encouraged KCC staff to propose additional and higher enforcement actions as needed in the future, including a potential general investigation to look at the issues more holistically and explore a proactive approach.
The complete discussion between Commissioners and KCC staff related to the penalty order at Tuesday’s Commission Business meeting is available here.
The order approved by the Commission can be viewed here.
