Amendment ID: S2410-25-R1

Redraft Amendment 25

Fines for failure to remove double poles

Mr. Keenan, Ms. Lovely, Ms. Jehlen and Ms. Creem move to amend the amendment by adding the following section:-

SECTION XX. 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 that does not complete the transfer of wires to the new pole within 30 days from the date on which it was notified through the National Joint Utilities Notification System or its successor service that the transfer of wires was necessary  shall pay a fine of $50 to the municipality where the existing pole is located for each day it fails to act, commencing 90 days from the date of notification. A distribution company or a telephone company responsible for the final removal of an existing pole following the transfer of wires that does not complete the removal of the pole from the site within 90 days from the date of notification shall pay a fine of $200 to the municipality where the existing pole is located for each day it fails to act, commencing 90 days from the date of notification; provided, however, that for any approved commercial or industrial construction project, the completion of which is expected to take longer than one year, the company shall pay a fine of $200 to the municipality where the existing pole is located for each 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; and provided further that a distribution company or telephone company shall not transfer to its customers the cost associated with pole removal or fines for failure to transfer poles. A municipality that has placed an unlicensed attachment on an existing or new pole shall be prohibited from fining any distribution company or telephone company for failure to transfer attachments or remove such pole.