SENATE DOCKET, NO. 473        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1482

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to the failure to remove existing poles..

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. Chapter 164 of the General Laws is hereby amended by inserting after section 34B the following section:-

Section 34C. A distribution company or a 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 90 days from the date of installation of the new pole shall pay a fine of $200 to the municipality where the existing pole is located for every day after 90 days from the date of installation of the new pole; provided, however, that for any approved commercial or industrial construction project, the completion of which is expected to take longer than one year, said company shall pay a fine of $200 to the municipality where the existing pole is located for every day after 6 months from the date of installation of the new pole that the transfer of wires, all repairs and the removal of the existing pole from the site are not completed.