H3458 — An Act relative to double poles

Summary

An Act relative to double poles

Bill Text

• Full text Current

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends existing law to impose fines on companies for delayed pole removals and requires notification and regulation processes for such work.

• Chapter 164, Section 34B

  (a) A distribution company or telephone company engaging in the removal of an existing pole and the installation of a new pole in place thereof that does not complete the transfer of wires, all repairs, and the removal of the existing pole from the site within 180 days from the date of the installation of the new pole shall pay a fine to the municipality where the pole is located of $10 per day for the first 30 days following the expiration of the said 180 days; $20 per day for the following 30 days thereafter; $30 per day for the following 305 days thereafter; and $100 per day for the following days thereafter until the existing pole is removed; provided, however, that for any approved commercial or industrial construction project, the completion of which is expected to take longer than 1 year, said company shall be required to remove such pole within 12 months from the date of installation of the new pole. (b) The owner of such pole shall notify all other users of the starting date of such removal and installation work at least 72 hours prior to the commencement of such work. Said owner may impose a fine upon the user who has not removed their wiring and other attachments when said failure to remove is responsible for the immediate delay in the removal of the existing pole. No fine shall be imposed when the failure of a city or town to remove its police or fire alarm circuits or any similar municipal equipment is the cause of the immediate delay and no other work could be performed. (c) A pole owner or user may petition the department or the department of telecommunications and cable for relief or exemption from any fines. Any fine imposed under this section shall not be recoverable through rates without approval by the department or the department of telecommunications and cable.

  This establishes a fine schedule for companies that fail to remove old poles in a timely manner and requires them to notify users and allows for petitions against fines.

• Chapter 166, Section 22D

  fine → fine imposed by the municipality having jurisdiction in the area where work is to be performed.

  This change clarifies that the fines are imposed by the local municipality where the work occurs.

• Chapter 166, Section 22K

  only with notification to the selectmen, councilors, aldermen or overseeing committee having jurisdiction within the city or town where the delay to work is being performed.

  This requires notification to local governing bodies regarding delays in work.

• Not later than January 1, 2027, the department of public utilities, in consultation with the department of telecommunications and cable, shall adopt regulations for the implementation of section 34B of chapter 164 of the General Laws.

  This mandates the creation of regulations by a specified date to ensure proper implementation of the new pole removal provisions.

Sponsors

• Tackey Chan · Primary

Subjects