MBTA Fiber Optic Resliency project Lowell line plans

Dear Jim Kang,
Your public records request (see below) has been automatically entered, and assigned our Reference Number R000020-010825 for tracking purposes. Please note that your request is deemed received on the first business day after it has been entered in accordance with the Massachusetts Public Records Law; this is an automated response and does not mean it has been viewed by our department if received outside of non-business hours. To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

Plans, schedules, communications, contracts, and other documents related to the Fiber Optic Resiliency project work on the Lowell commuter rail line, including overarching documents about the project as a whole that affects construction on the Lowell line.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not made for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Jim Kang

Upload documents directly: https://www.muckrock.com/ You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Click Here to View Your Request Thank you for using the MBTA’s Public Records Center. Massachusetts Bay Transportation Authority

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January 22, 2025

Jim Kang
MuckRock News, DEPT MR179355
Boston, MA 02115

Re: Public Records Request for “To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

Plans, schedules, communications, contracts, and other documents related to the Fiber Optic Resiliency project work on the Lowell commuter rail line, including overarching documents about the project as a whole that affects construction on the Lowell line.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not made for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Jim Kang

Upload documents directly: https://www.muckrock.com/

Our Case No.: R000020-010825

Dear Mr. Kang,

The MBTA is in receipt of your request for public records dated January 08, 2025 regarding the above-referenced matter; this request was received by our Records Access Officer on January 08, 2025.

Due to the volume of documents that must be reviewed in order to provide you with a full response, I write to you to discuss how your request might be modified to provide for a more affordable and efficient response. See G.L. c. 66, §10(b)(vii) (a records access officer may suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the agency to produce records sought more efficiently and affordably). During our initial search, and in an attempt to comply with your request, it has been determined that based on your initial request the amount of records is beyond the basic purpose and intent of the public records law. "A requester does not need absolute precision, but an agency is entitled to more than a general category of what may be thousands of documents." See The David Project, Inc. v. Boston Redevelopment Authority, 22 Mass.L.Rep. 361 (2007).

Under the Public Records Law “[t]he reasonable description requirement contemplates that a requesting party will identify documents or categories of documents with sufficient particularity that government employees will be able to understand exactly what they are looking for, and then make a prompt production.” Jaideep Chawla v. Dep't of Revenue, Suffolk. Sup. No. 1784CV02087, at 2 (January 23, 2019). “Requests for documents that are articulated with very broad language that calls upon non-lawyer administrative personnel to interpret the scope of what is sought, and then make fine judgments about what documents are and are not sufficiently ‘related’ to the category of materials requested, will not satisfy this statutory standard.”

Please reply at your earliest convenience to clarify, or assist in the modification of the scope of, your request so that we may more efficiently or affordably accommodate you. We would also need a date range for a more particularized and identifiable scope so that the records custodians can tailor their searches accordingly. Absent an agreement to sufficiently narrower terms, we anticipate that responding to this request may require a calculation and assessment of fees. We will await your response before doing any further work on this request.

Thank you for your attention to this matter.

Sincerely,

Julie Ciollo
Assistant General Counsel/
Records Access Officer

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Good afternoon, Mr. Kang,

I reviewed your note with the internal custodians and unfortunately your new scope does not meaningfully lower the burden on the MBTA or alleviate the speculation needed to provide a response. We still do not know what you mean by records "related to" the project. As it stands, there are tens of thousands of records potentially responsive to your request and a full response would take a number of weeks with staff members working full time on the response.

Are you looking for certain information on a particular aspect of the project? Documents showing the current status of completion? Amounts invoiced to date? Amounts paid to date? If so, we may be able to assist you in a more efficient way.

Please let me know if you are interested in modifying the scope of your request in line with the above questions.

Sincerely,

Julie Ciollo

Attachments:
FOR-PH1_3WkLookahead_REV01030325.xlsx (https://u8387795.ct.sendgrid.net/ls/click?upn=u001.PYICgxP3kfgZjR-2B4e9nPlO3iuHnw2kxptZPrtSmWLlzuf602BaGvBjNWXONKfqhOjQ-2Bndv5ul9LG2S3fy-2FHlikmdYKeg54t9-2F9nbn88FNi4k8sHija3AGG1O8cHH9v9aHyfyAxLWpATgTwUPeGBaeS9MlsWDp8vsbESKgPtOu2rJa4VO46cqbrP40D9GlhlF3Jbdc-2BlWdMm7iYGqAmLoB8zoWXFOzV14-2Fj9I9yaPUsg-3DifQd_pEiDiSaYNqmyzpTqFTMpd5ckC04cKDoGOPqm30L85DIZrJjU-2BfSNbh2Jn1-2BRaxjZKcOeAmyxNV4zz3SI4-2Fb-2F-2FWX04mpjvl3jLhArN7OYIs3Zn-2Fm6OHyAWtESbqYqevnxg7utwqSVpd9NGwoUC8vl543ReBLj-2FFGeYAA8H2PFvgp3QAtOyUGn6Jona2dnZhmtzpp1Ji0Ov07yvcqY25-2FTwQ5IfwPFIhyJvO6PAStonWJXivgv8544DypwSRAzU1IOiwZnu-2FAC2GYjxO8eqhazPphC7a5GIPYSiMG-2Fc1Fb3e5fIGoJus-2BLgstUj6qo9jgK020sbwwj4rdgzrf3Nj-2BJWoiaFOLZH2sH9iaOaaoOgGKUpC-2BtMIG5d4uqGLLr7rueXNrdmfpdsAmMM5YdHp93MA-3D-3D)

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February 27, 2025

Jim Kang
MuckRock News, DEPT MR179355
Boston, MA 02115

Re: Public Records Request for “To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

Plans, schedules, communications, contracts, and other documents related to the Fiber Optic Resiliency project work on the Lowell commuter rail line, including overarching documents about the project as a whole that affects construction on the Lowell line.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not made for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Jim Kang

Upload documents directly: https://www.muckrock.com/

Our Case No.: R000020-010825

Dear Mr. Kang,

In response to your narrowed request, please see the attached responsive record.

Thank you for your attention to this matter.

Sincerely,

Julie Ciollo
Assistant General Counsel/
Records Access Officer

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Dear Mr. Kang,
Thank you for your questions. Given the nature of your inquiries, I recommend that you reach out to the project team directly for assistance. You can email them at ptcprogram@mbta.com. (mailto:ptcprogram@mbta.com)
Sincerely,
Julie Ciollo