Verizon seeks annulment of board ruling

PEABODY – Verizon New England, Inc. has filed a complaint in Salem Superior Court against Peabody’s Electrical Inspector Fernando Homem and the Massachusetts Board of Electricians’ Appeals in their quest to install a permanent backup generator at their central office on Central Street.According to the complaint, in 2007, Verizon sought to install the generator using their own Central Office Equipment Installation technicians (COEI), as they’ve done in the past across various offices in Massachusetts. However, Homem denied their request in October of that same year, stating the need for permits and the use of licensed electricians to complete the task.A similar situation previously occurred in 2006 after Verizon used their own employees to install temporary generators at the Peabody location.”In order to ensure the continued delivery of telecommunications in case of an emergency or interruption of commercial power, Verizon must maintain an independent power source through back-up generators,” the complaint stated. “If those generators are not properly installed and integrated with the other components of the telecommunications network, residents and businesses in Peabody would be deprived of access to telecommunications, including 911, during a commercial power interruption.”After the temporary installation, Homem issued a stop-work order because he said the work should have been performed by a licensed electrician pursuant to a city-issued permit.Prior to its request to install the permanent generators in 2007, Verizon provided Homem with a description of the project that designated what work would need to be completed by their own technicians and what work would need to be done by licensed electricians.When Homem denied their request, Verizon filed a complaint with the Massachusetts Board of Electricians’ Appeals. On May 8, 2008, the Board voted in agreement with Homem’s decision.Now, Verizon has filed a complaint in Suffolk Superior Court to annul the Board’s decision.According to Verizon’s complaint, “the Board exceeded its authority” because telecommunications companies are exempt from licensure requirements under Massachusetts General Law.Verizon seeks an injunction to allow their COEI technicians to install the generators themselves, with the help of licensed electricians when appropriate. It also seeks a court order directing the city to issue all permits needed to allow the COEI’s to install the generators, and an award in the amount of any court and attorneys fees accrued during the case.