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HOUSE DOCKET, NO. 161 FILED ON: 1/6/2025
HOUSE . . . . . . . . . . . . . . . No. 3458
The Commonwealth of Massachusetts
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PRESENTED BY:
Tackey Chan
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to double poles.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Tackey Chan2nd Norfolk1/6/2025 1 of 3
HOUSE DOCKET, NO. 161 FILED ON: 1/6/2025
HOUSE . . . . . . . . . . . . . . . No. 3458
By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 3458) of Tackey
Chan relative to the use of double utility poles of distribution or telephone companies.
Telecommunications, Utilities and Energy.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3152 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to double poles.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 164 of the General Laws, as appearing in the 2022 Official Edition,
2is hereby amended by striking out section 34B, and inserting in place thereof the following new
3section:-
4 Section 34B. (a) A distribution company or telephone company engaging in the removal
5of an existing pole and the installation of a new pole in place thereof that does not complete the
6transfer of wires, all repairs, and the removal of the existing pole from the site within 180 days
7from the date of the installation of the new pole shall pay a fine to the municipality where the
8pole is located of $10 per day for the first 30 days following the expiration of the said 180 days;
9$20 per day for the following 30 days thereafter; $30 per day for the following 305 days
10thereafter; and $100 per day for the following days thereafter until the existing pole is removed; 2 of 3
11provided, however, that for any approved commercial or industrial construction project, the
12completion of which is expected to take longer than 1 year, said company shall be required to
13remove such pole within 12 months from the date of installation of the new pole.
14 (b) The owner of such pole shall notify all other users of the starting date of such removal
15and installation work at least 72 hours prior to the commencement of such work. Said owner
16may impose a fine upon the user who has not removed their wiring and other attachments when
17said failure to remove is responsible for the immediate delay in the removal of the existing pole.
18No fine shall be imposed when the failure of a city or town to remove its police or fire alarm
19circuits or any similar municipal equipment is the cause of the immediate delay and no other
20work could be performed.
21 (c) A pole owner or user may petition the department or the department of
22telecommunications and cable for relief or exemption from any fines. Any fine imposed under
23this section shall not be recoverable through rates without approval by the department or the
24department of telecommunications and cable.
25 SECTION 2. Section 22D of chapter 166 of the General Laws, as so appearing, is hereby
26amended by inserting after the word “fine” in line 19 the following:- imposed by the
27municipality having jurisdiction in the area where work is to be performed.
28 SECTION 3. Section 22K of said chapter 166 is hereby amended by adding at the end
29thereof the following:- only with notification to the selectmen, councilors, aldermen or
30overseeing committee having jurisdiction within the city or town where the delay to work is
31being performed. 3 of 3
32 SECTION 4. Not later than January 1, 2027, the department of public utilities, in
33consultation with the department of telecommunications and cable, shall adopt regulations for
34the implementation of section 34B of chapter 164 of the General Laws.