HOUSE DOCKET, NO. 94076        FILED ON: 7/23/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4076

The Commonwealth of Massachusetts

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July 23, 2009

[Governors Message Body Text]

Sincerely,

Deval L. Patrick,

Governor

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4076

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Message from His Excellency the Governor recommending legislation Relating To Economic Recovery Through Broadband Initiatives In Massachusetts.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 6B of chapter 40J of the General Laws, as appearing in section 6 of chapter 231 of the acts of 2008, is hereby amended by inserting in subsection (d) after the words “private-sector entities”, the following words:- ; provided, that for purposes of this section, acquisition of either of the following shall be considered to be acquisition of an ownership interest in broadband infrastructure:  (i) an indefeasible right of use of facilities used for the transmission of intelligence by electricity for a period of no less than 20 years, or for such lesser term and subject to such other conditions as the secretary of the executive office of administration and finance may determine to be appropriate to protect the public interest; or (ii) a license or other agreement to use electromagnetic spectrum licensed by the federal government.

DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY PUBLIC SERVICE CORPORATIONS

SECTION 2.  Section 3 of Chapter 40A of the General Laws, as appearing in the 2006 edition, is hereby amended by striking out the second paragraph, and inserting in place thereof the following paragraph:-