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Massachusetts Senate Bill S1636

Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1636 Compare Versions

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22 SENATE DOCKET, NO. 2288 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 1636
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 John C. Velis, (BY REQUEST)
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act ensuring safer and secure communications with radiation limits through the
1313 Massachusetts Broadband Institute.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :Kirstin Beatty149 Central Park Drive, Holyoke, MA
1717 01040 1 of 14
1818 SENATE DOCKET, NO. 2288 FILED ON: 1/17/2025
1919 SENATE . . . . . . . . . . . . . . No. 1636
2020 By Mr. Velis (by request), a petition (accompanied by bill, Senate, No. 1636) of Kirstin Beatty,
2121 for legislation to ensure safer and secure communications by improving technological safety with
2222 radiation limits through the Massachusetts Broadband Institute. Public Health.
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act ensuring safer and secure communications with radiation limits through the
2929 Massachusetts Broadband Institute.
3030 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3131 of the same, as follows:
3232 1 SECTION 1. The legislature finds and confirms all of the following:-
3333 2 Whereas, the use of wireless instead of wired telecommunications has been proven to be
3434 3for the benefit of private profits at the expense of public ownership, accountability, taxes, and
3535 4regulation as discussed by Bruce Kushnick in the Book of Broken Promises.
3636 5 Whereas, the use of private instead of public ownership has been at the expense of has
3737 6net neutrality and free use of copper or other public lines, cost-efficacy, and reliable service as
3838 7discussed by Bruce Kushnick in the Book of Broken Promises.
3939 8 Whereas, cellular services are the first to fail from natural hazards, as well as being a
4040 9causative factor in California fires such as the 2007 Malibu Canyon fire and the 2020 Silverado
4141 10Fire. 2 of 14
4242 11 Whereas, wireless services are unusually energy intensive, with 4G using 23 times more
4343 12energy than wired services and 5G using 3 times as much as 4G, the latter discussed in Michael
4444 13Koziol's 2019 IEEE Spectrum article “5G’s Waveform Is a Battery Vampire”.
4545 14 Whereas, hacking of digital communications is a threat, especially for wireless services,
4646 15but is a non-existent or lesser threat for off-line services, including traditional copper line
4747 16telecommunications.
4848 17 Whereas, natural and man-made electromagnetic pulses (EMP) such as a huge solar flare
4949 18or a nuclear explosion can destroy functionality of the electric grid and also cause harm to
5050 19communications equipment, although infrastructure can be hardened and replacement equipment
5151 20set aside.
5252 21 Whereas, traditional copper lines used for wired telecommunications have greater
5353 22reliability and sound quality than wireless or digital services.
5454 23 Whereas, decades of research has provided thousands of studies indicating random
5555 24wireless exposures are harmful to public and environmental health.
5656 25 Whereas, Dr. Martin Pall, Dr. Devra Davis, Dr. Henry Lai, Dr. Belpoggi, Dr. Belyaev,
5757 26Dr. De-Kun Li, Dr. Belpomme, and countless other reputable experts have provided recent, peer-
5858 27reviewed studies demonstrating that exposure to non-ionizing radiation like wireless and certain
5959 28electricity exposures causes DNA breaks and mutations in germ line cells that produce mutations
6060 29in future generations; produces oxidative stress and free radical damage that have major roles in
6161 30chronic disease; and attacks the endocrine and nervous systems including our hormone balance
6262 31and our brains. 3 of 14
6363 32 Whereas, in 2020 Boston in FCC’s 19-226 docket stated: 'Boston believes that the
6464 33concerns of the public are real and that the Commission has done a disservice to itself, local
6565 34government, consumers, and even the wireless industry in failing to understand and respond to
6666 35the broadly shared mistrust of the safety of RF emissions.'
6767 36 Whereas, the Pittsfield Board of Health in April 2022 issued an an Emergency Order to
6868 37Verizon to turn off a cell tower because of sick residents.
6969 38 Resolved, that the policy goals of this act shall be to redirect the Massachusetts
7070 39Broadband Institute to focus on providing secure, reliable, and safer wired broadband and
7171 40telecommunication services, in addition to supporting public ownership with accompanying
7272 41greater accountablity and free market access.
7373 42 SECTION 2. Chapter 40J of Title VII of the General Laws is hereby amended by
7474 43striking the language of Section 6B and inserting thereof the following:-
7575 44 SECTION 6B. Massachusetts Broadband Institute; board of directors; broadband
7676 45infrastructure; plan of operation; disbursement of funds; annual report
7777 46 Section 6B. (a) As used in this section and in section 6C, the following words shall,
7878 47unless the context clearly requires otherwise, have the following meanings:
7979 48 ''Board'' means the board of the Massachusetts Broadband Institute established by
8080 49subsection (c).
8181 50 ''Broadband'' means high-speed internet access. 4 of 14
8282 51 “Communications” means providing for communication across the state, whether through
8383 52traditional land-line phone service or use of broadband services, and including such services as
8484 53telephone booths for public telephone calls and options for 911 service.
8585 54 ''Fund'' means the Massachusetts Broadband Incentive Fund established by section 6C.
8686 55 “Contact information for service” means information necessary for a plaintiff to file
8787 56service against the owner of a wireless facility, including name and address of the owner or
8888 57owners. For business entities, names and addresses of the business entity must be provided along
8989 58with an agent for service. For partnerships, names and addresses of partners must be included.
9090 59For business entities, executive officers must also provide names and addresses for service to
9191 60allow for “piercing the corporate veil.”
9292 61 ''Institute'' or “MBI” means the Massachusetts Broadband Institute established by
9393 62subsection (b).
9494 63 “Land-line” or "landline" shall mean a telephone that is hard-wired; which uses a metal
9595 64wire to transmit communications; and which can function during a power outage for extended
9696 65periods due to an external source of power transmitted through the metal wire.
9797 66 "Safe" shall mean in reference to broadband or telecommunication services that the
9898 67service is wired instead of wireless and that preference is given to using wired equipment and
9999 68services that best reduce electromagnetic radiation exposures.
100100 69 “Secure” shall mean broadband and telecommunciation service that is designed to limit
101101 70hacking or intrusion through technical design and cybersecurity; quality, working wired services
102102 71that best provide continuing, reliable function; and systems designed to continue functioning or, 5 of 14
103103 72secondarily, quickly return to function after an EMP or any natural hazard. Except where records
104104 73are public or warrants set in place, secure shall mean safe from surveillance.
105105 74 (b) The corporation shall establish an institute for investment in safe and secure
106106 75broadband and communications infrastructure in the commonwealth, to be known as the
107107 76Massachusetts Broadband Institute, in recognition of communications as essential not only for
108108 77business but as essential for democracy and government functions. The executive director of the
109109 78corporation, subject to the approval of the board, shall appoint a qualified individual as director
110110 79to manage the affairs of the institute. The mission of the institute shall be to improve the safety
111111 80and security of communications while supporting reasonable access to communications.
112112 81 Intent to manipulate the spirit of or failure to comply with its mission, rules, and
113113 82objectives as stated in this section shall be grounds for a cause of action against the MBI, as well
114114 83as or against persons complicit. This action may be brought forward by the attorney general; a
115115 84municipality or municipalities; or citizens of the Commonwealth. A vote of no confidence in the
116116 85MBI or corporation by the House of Representatives or Senate shall trigger and investigation by
117117 86the attorney general or the respective branch voting first may specify special counsel to conduct
118118 87an investigation.
119119 88 (1) In meeting its mission and objectives, the MBI shall comply with several rules: (i)
120120 89MBI shall not arrange any contract to allow the commonwealth to assume any liability for
121121 90wireless facilities and transmissions; (ii) the MBI shall encourage municipal ownership of safe
122122 91and secure communications infrastructure with additional up-front funding; (iii) MBI shall
123123 92encourage and stipulate contracts for broadband open access with net neutrality; (iv) MBI shall
124124 93attend to risks and avoid investing in equipment or software vulnerable to hacking or outside 6 of 14
125125 94control, such as from corporations or foreign governments with concerning histories; (v) the MBI
126126 95shall favor and encourage investment in infrastructure and systems directly accountable to the
127127 96public especially that owned by the public; (vi) MBI shall discourage monopoly control by
128128 97private providers; (vii) MBI shall promote public wired and landline services with ongoing
129129 98maintenance; (viii) MBI information, budget, and proceedings shall be accessible and transparent
130130 99to the public; (ix) private-public partnerships shall be designed to confer significant benefits
131131 100including, but not limited to, compliance with MBI mission and objectives, ownership interest,
132132 101licensing fees, and training or consulting fees; (x) MBI shall attend to and manage to limit
133133 102environmental health risk including but not limited to that from lithium batteries,
134134 103electromagnetic radiation, and other pollutants; (xi) MBI shall prioritize safe and secure
135135 104communications of vital public safety and government functions; and (xii) MBI shall fairly
136136 105distribute investments across the state to improve safety, security, and accessibility of
137137 106communications.
138138 107 (2) To improve technological safety, MBI shall reduce non-ionizing electromagnetic
139139 108exposures and fulfill these objectives by: (i) where possible, decommissioning wireless
140140 109communications facilities and antennas with due respect for maintaining basic access to essential
141141 110or emergency communications; (ii) where possible, turning off wireless functionality, reducing
142142 111other electromagnetic exposures, and hard-wiring broadband access in government facilities,
143143 112public schools, public libraries, and other public spaces; (iii) choosing to invest in wired
144144 113communication systems which have reduced fields, harmonics, and transients, including
145145 114traditional copper land-lines; and (iv) investing in hard-wired, secure broad-band systems or
146146 115hard-wiring existing secure broadband systems. 7 of 14
147147 116 (3) Objectives for secure and reasonable access to communications shall include: (i)
148148 117providing for affordable access to secure communications service across the commonwealth for
149149 118essential commonwealth services as well as for residents that able to function best during natural
150150 119emergencies; (ii) connecting services to secure, decentralized sources of electricity; (iii)
151151 120identifying and utilizing protections to prevent destabilizing electromagnetic pulse (EMP) from
152152 121the sun or weapons at minimum to key communications services; (iv) insuring batteries
153153 122powering antennas function a minimum of 72 hours and are installed with precautions to limit
154154 123fire and pollution hazards; (v) utilizing copper or other wired connectivity if more secure.
155155 124 (4) Additional objectives shall include (i) identifying and sharing information regarding
156156 125secure equipment and software, including open source, to provide for secure broadband access
157157 126for essential state and local services, including education; (ii) assisting with transition to secure
158158 127software, including open source, and equipment for essential state and local services; (iii)
159159 128providing relevant training to public entities, MBI staff, and other persons to advance the MBI
160160 129mission and objectives; and (iv) assisting with development of secure broadband access
161161 130distributed equitably across the state in public spaces such as libraries, universities, community
162162 131colleges, and broadband access centers.
163163 132 (c) The institute shall be governed and its corporate powers exercised by a board of
164164 133directors, which shall consist of the following 12 members: the secretary of administration and
165165 134finance or his designee; the secretary of public health, who shall serve as chair; the secretary of
166166 135housing and economic development; the commissioner of telecommunications and cable or
167167 136designee; the executive director of the corporation or designee; the attorney general or designee;
168168 137a representative of the commonwealth’s radiation department with expertise in non-ionizing
169169 138radiation; 3 members to be appointed by the attorney general with expertise in relevant 8 of 14
170170 139municipal and consumer rights; 4 members to be appointed by the governor, who shall each have
171171 140knowledge and experience in 1 of the following areas consistent with the mission and objectives
172172 141of the MBI: cybersecurity; telecommunications infrastructure; and grid or utility security. Each
173173 142member appointed by the governor or attorney general shall serve a term of 4 years and
174174 143thereafter until his successor is appointed. Any person appointed to fill a vacancy on the board
175175 144shall be appointed in a like manner and shall serve for only the unexpired term of such member.
176176 145Any appointed member shall be eligible for reappointment. An appointed member may be
177177 146removed by the governor or attorney general for cause.
178178 147 Seven members of the board shall constitute a quorum, and the affirmative vote of a
179179 148majority of the members present and eligible to vote at a meeting shall be necessary for any
180180 149action to be taken by the board. Members which already have a full-time paid position with the
181181 150Commonwealth shall serve without compensation, others may receive a reasonable stipend for
182182 151meeting attendance, and each member shall be entitled to reimbursement for actual and
183183 152necessary expenses incurred in the performance of his official duties. The board shall meet at
184184 153least 4 times annually.
185185 154 (d) The corporation shall leverage private sector, state, and federal investment by
186186 155financing the construction and acquisition of broadband infrastructure to promote the
187187 156development of broadband and communications safety, security, and access according to its
188188 157mission and objectives. Broadband infrastructure shall favor wired services with best
189189 158performance in relation to safety and security.
190190 159 Subject in all cases to the MBI mission, objectives, and public interest, the corporation
191191 160may: (i) finance or acquire equipment or other property to be owned by the commonwealth or 1 9 of 14
192192 161or more other public entities, where the equipment or other property may be leased or licensed
193193 162by the corporation for a fee which shall be credited to the fund; (ii) make grants to 1 or more
194194 163public entities for the financing or acquisition of equipment or other property; and (iii) make
195195 164grants or loans to nonprofit entities or private corporations for the financing or acquisition of
196196 165equipment or other property in compliance with the MBI mission and objectives, provided
197197 166however that contractual arrangements provide relevant licensing fees; ownership interest;
198198 167regulatory oversight; and fair rates on loans.
199199 168 The acquisition of an indefeasible right of use of facilities used for the transmission of
200200 169intelligence by electricity or of a license or other agreement to use electromagnetic spectrum
201201 170licensed by the federal government shall be the acquisition of an ownership interest in broadband
202202 171infrastructure and any such transaction shall constitute a transaction with the commonwealth for
203203 172the purposes of chapter 30B. Any lessee or licensee shall pay lease or license fees to the
204204 173corporation, which shall credit the fees to the fund. The corporation may provide and pay for
205205 174advisory services, employees, and technical assistance and take other actions as may be
206206 175necessary or desired to carry out its purposes.
207207 176 The board may work in collaboration with the corporation and other quasi-public and
208208 177nonprofit entities and state agencies, and may provide advisory assistance to local entities, local
209209 178authorities, public bodies and private corporations for the purposes of maximizing its mission
210210 179and objectives.
211211 180 Notwithstanding any general or special law or rule or regulation to the contrary, the
212212 181department of highways may lease or license for a term not to exceed 25 years any interest in
213213 182real property deemed appropriate by the corporation and the commissioner of highways to 10 of 14
214214 183promote the objectives of this chapter. The nature and extent of such interest shall be transferred
215215 184on such terms and conditions as the commissioner of highways may determine. The terms and
216216 185conditions of any conveyance executed pursuant to this subsection shall be approved by the
217217 186commissioner of capital asset management, in consultation with the inspector general and the
218218 187secretary of transportation.
219219 188 Any interest acquired by the corporation may be leased or licensed by the corporation for
220220 189use by public entities or nonprofit or for-profit private sector entities subject to the approval of
221221 190the commissioner of highways and subject to this section including, without limitation, such
222222 191right of reverter at the expiration of the term. Given the parameters provided by the MBI mission
223223 192and goals, the corporation shall lease or license any such interest with competitive processes and
224224 193procedures within MBI constraints as may be reviewed and approved by the inspector general.
225225 194 Notice that such interest if available for lease or license shall be publicly advertised in 2
226226 195daily newspapers of general circulation published in the city of Boston and, if such real property
227227 196is located in any other city or town, in a newspaper of general circulation published in such other
228228 197city or town, once a week for 2 successive weeks. Such advertisements shall state the availability
229229 198of such interest, the nature of the competitive process and other information deemed relevant,
230230 199including the time and place where all pertinent information relative to the interest to be leased
231231 200or licensed may be obtained, the criteria for selection of a successful proponent, and the time,
232232 201place and manner for the submission of bids, proposals and the opening thereof. The
233233 202consideration for any such interest shall be within the estimated range of the fair market value of
234234 203the interest as determined by the corporation based upon an independent professional appraisal.
235235 204However, when necessary to forestall or balance monopoly, MBI shall provide or allow for 11 of 14
236236 205exceptions to competitive bidding. Any such interest conveyed by the department of highways
237237 206shall revert to the commonwealth at the expiration of any such term.
238238 207 The corporation may exercise any of its powers to assist or enable the institute to fulfill
239239 208its purposes as set forth in this section, including the powers set forth in clause (e) of section 4.
240240 209Without limiting the generality of the foregoing, the corporation shall have the power to develop,
241241 210lease or otherwise acquire, own, hold, dispose of and encumber conduit, fiber, towers and other
242242 211real and personal property related to broadband infrastructure that shall be necessary or
243243 212convenient to the fulfillment of its mission and objectives. The exercise by the corporation of any
244244 213such powers shall be deemed and held to be an essential governmental function.
245245 214 (e) The board shall collect information from reasonably available sources including, but
246246 215not limited to: municipalities and other public entities and agencies of the commonwealth, local
247247 216and regional nonprofit entities and telecommunications and broadband service providers to
248248 217develop and maintain an inventory of: (i) locations where telecommunications and broadband
249249 218services are not available in the commonwealth; (ii) locations where telecommunications and
250250 219broadband infrastructure is available or is likely to be available to support the provision of
251251 220services to unserved and underserved areas; (iii) locations where new infrastructure may be
252252 221necessary to support the provision of secure and safe services to unserved and underserved areas;
253253 222(iv) the quality of such services, including, but not limited to, speed of data transmission, length
254254 223of service during power outage, and cost of such services including landline service; (v)
255255 224providing a map to the public of wireless facilities including contact information for service and
256256 225emergencies; (vi) providing a map for the public of electric and magnetic peak power
257257 226measurements across the commonwealth for wireless communications; and (vii) and may choose 12 of 14
258258 227to assess peak power measurements or utilize other reliable sources of measurement from across
259259 228the commonwealth.
260260 229 (f) The board shall establish a detailed long-term plan for the operation of the institute
261261 230and the administration of the fund and shall consult with the joint committee on
262262 231telecommunications, utilities and energy; the joint committee on children, families, and persons
263263 232with disabilities; and the joint committee on economic development and emerging technologies
264264 233on the plan. The plan, and any amendments thereto, shall be subject to the approval of the
265265 234secretary of health and human services and the secretary of administration and finance and shall
266266 235be filed with the clerks of the house of representatives and the senate who shall forward the same
267267 236to the house and senate committees on ways and means, the joint committee on
268268 237telecommunications, utilities and energy and the joint committee on economic development and
269269 238emerging technologies.
270270 239 (g) The board shall annually adopt an operating plan governing disbursements from the
271271 240fund and, to the extent the plan provides for disbursement of appropriations or other moneys
272272 241authorized by the general court, the plan shall be subject to the approval of the secretary of
273273 242housing and economic development and the secretary of administration and finance. The board
274274 243shall file the plan, and any amendments thereto, with the clerks of the house of representatives
275275 244and the senate who shall forward the same to the house and senate committees on ways and
276276 245means, on children, families, and persons with disabilities, the joint committee on
277277 246telecommunications, utilities and energy and the joint committee on economic development and
278278 247emerging technologies. 13 of 14
279279 248 (h) The board shall promulgate rules and regulations for the administration and
280280 249enforcement of this section and section 6C.
281281 250 (i) The board shall review and recommend changes in laws, rules, programs and policies
282282 251of the commonwealth and its agencies and subdivisions to further financing, infrastructure and
283283 252development for communications access in the commonwealth.
284284 253 (j) The board shall prepare, publish and distribute, with or without charge, as the institute
285285 254may determine, any studies, reports and bulletins and other material as the institute deems
286286 255appropriate to accomplish goals and mission.
287287 256 (k) The institute shall file an annual report of its activities with the governor and the
288288 257clerks of the house of representatives and the senate who shall forward the same to the joint
289289 258committee on telecommunications, utilities and energy, the joint committee on economic
290290 259development and emerging technologies, on children, families, and persons with disabilities, and
291291 260the house and senate committees on ways and means.
292292 261 (l) Actions of the board may take effect immediately and notice thereof shall be published
293293 262and posted. Meetings of the board shall be subject to section 11A1/2 of chapter 30A. Records
294294 263pertaining to the activities of the institute shall be subject to section 10 of chapter 66, unless
295295 264exempted under subsection (h) of section 12. The operations of the institute shall be subject to
296296 265chapters 268A and 268B; provided, however, that the members of the board shall be considered
297297 266directors for the purposes of the fourth, fifth and seventh paragraphs of section 3.
298298 267 (m) Sections 38A1/2 to 38O, inclusive, of chapter 7, section 39M of chapter 30, subject
299299 268to the provisions of subsection (c) of section 4A and sections 44A to 44J, inclusive, of chapter
300300 269149 shall apply to the operations of the institute. 14 of 14
301301 270 SECTION 3. Chapter 40J of Title VII of the General Laws is hereby amended by striking
302302 271the language of Section 6C and inserting thereof the following:-
303303 272 Section 6C: Massachusetts Communications Safety and Security Incentive Fund
304304 273 Section 6C. The corporation shall establish a fund to be known as the Massachusetts
305305 274Communications Safety and Security Incentive Fund. The corporation shall hold the fund
306306 275separate and apart from its other funds, to finance the activities of the Massachusetts Broadband
307307 276Institute. The corporation shall credit to the fund any appropriations, bond proceeds or other
308308 277moneys authorized by the general court and specifically designated to be credited to the fund,
309309 278and any other moneys legally available to the corporation which the board of the corporation
310310 279may determine to deposit in the fund.
311311 280 SECTION 3. Section 1A of Chaper 40J of Title VII of the General Laws is hereby
312312 281amended by inserting after the last sentence the following sentence:-
313313 282 In advancing direct economic development initiatives as well as industrial and
314314 283commerical activities, the corporation shall promote public ownership of safe and secure wired
315315 284telecommunications and broadband communication lines in order to insure a functioning, safe,
316316 285cost-effective and secure communications accessible to business, consumers, and the vital
317317 286functions of government.