From an attorney who specializes in telecommunications law. Since 1984, Kramer.Firm, Inc. has assisted over 600 federal, state, and local government agencies, as well as private institutions, with telecommunications technology counsel and inspection services. (
http://www.kramerfirm.com)
"90.2(B)(4) says the Code does NOT apply to:
"Installations of communications equipment under the exclusive control of communications utilities located outdoors or in building spaces used exclusively for such installations."
This exception comes up from time to time, but ask yourself these questions:
1. Is a drop under the "exclusive control of the communications utility" if it is merely installed on/under someone else's property? No.
2. Is there usually an easement for the drop granting "exclusive control" (as opposed to access) of the land to the communications utility? No.
3. Is the land occupied by the drop "exclusively used for such installations"? No.
What *might* fall into 90.2(B)(4) exclusion? Locked headends NOT shared by any vendors (i.e., a 2-way radio company that has a base station inside the headend and enters the headend to service it; a cable ad network that has equipment it services inside the headend). Locked cable TV equipment closets in a building where only the cable operator has the key.
As for the federal offense question, in the Communications Act of 1934 as amended by the Telecommunications Act of 1996, Congress has granted the authority to the FCC to suspend an FCC license for anyone who "[h]as willfully damaged or permitted radio apparatus or installations to be damaged" 47 U.S.C. 303 (m)(1)(a). That doesn't really apply here, does it. (Use a shovel, go to jail?)
But remember...many local governments and states DO NOT adopt the most current code year as their local or state code, and some do not adopt ALL of the NEC for a given code year. It pays to find out what code year is be the law in your jurisdiction, and to see whether there are any exceptions or additions to the Code."
First, I had E-mailed him privately, which he answered, then he asked me to post it on a couple of lists so he could answer it in a public forum.
In the public forum, the posts from other members immediately went to cutting drops being a federal offense.
Someone from CommScope (wire and cable manufacturer) wrote "Cutting drops a crime? I imagine the prisons would be overflowing." Followed by:
"Your right about cutting drops being a crime. If that was the case there would be a ton of Direct TV and Dish Network employees in jail," and
"No to mention AT&T employees," and
"Not to mention contractors doing in-ground sprinkler systems, alarm systems, Electric Fence...I just love the ones that cut through powered drops, isn't that what Dig Safe is for???"
That last one was posted by someone from Cox cable in New England. Obviously, they have drop-powered equipment.
Thank you, gentlemen, for the discussion. It has been enlightening.