Budget Amendment ID: FY2022-S3-838

ECO 838

Broadband Oversight by Department of Telecommunications and Cable

Messrs. Hinds and Finegold, Ms. Comerford, Mr. Gomez, Ms. Gobi, Ms. Moran, Messrs. Barrett, Tarr, O'Connor and Cyr moved that the proposed new text be amended by inserting at the end thereof the following new sections:

SECTION XX. Section 1 of chapter 25C of the General Laws, as appearing in the 2018 official edition, is hereby amended by inserting after the word “166A” the following:- and for the development of statewide policy regarding advanced telecommunications capability within the commonwealth.

For purposes of this chapter, advanced telecommunications capability is defined, without regard to any transmission media or technology, as high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology.

SECTION XX. Said chapter 25C is hereby further amended by adding the following section:-

Section 9. Notwithstanding sections 6A and 8 of this chapter, or any other general or special law to the contrary, the department shall have the duties and powers as may be necessary or desired to accomplish the purposes of this section. The department shall facilitate access to advanced telecommunications capability in the commonwealth, with a special interest in increasing the presence of advanced telecommunications capability across the commonwealth to promote economic development, meet the commonwealth’s homeland security and emergency preparedness needs, improve government efficiency, and improve the quality of life for the commonwealth’s residents. The duties and powers of the department shall include, but not be limited to, the following: (1) identifying areas that lack adequate advanced telecommunications capability, include where, due to geographic remoteness, sparsity of population or other considerations, private-sector capital investment in advanced telecommunications facilities deployment is not sufficient to meet the present and future needs of the area; (2) identifying the locations of advanced telecommunications capability facilities in the commonwealth; and (3) taking other actions to fulfill the purposes of this section. The department shall work in consultation with Massachusetts Broadband Institute, established by section 6B of chapter 40J of the General Laws.

SECTION XX. Section 3 of chapter 23A of the General Laws, as appearing in the 2018 official edition, is hereby amended by striking out subsection (a), and inserting in place thereof the following subsection:-

(a) MOBD shall contain such divisions, offices and programs as the director shall determine are necessary to achieve the mission and administer the programs of MOBD, including at least the following 3 divisions: business services, entrepreneurial and small business development and manufacturing development. Each division shall be under the charge of a director subject to the direction, control and supervision of the director of economic development. Each director shall be a person of skill and experience in the field of his appointment and shall be appointed and may be removed by the executive director, with the approval of the secretary, and shall serve until so removed. The position of director shall not be subject to section 9A of chapter 30 or chapter 31. Each director shall devote his full time during business hours to the duties of his office. The MOBD executive director may authorize any director to exercise in his name any power, or to discharge in his name any duty, assigned to him by law, and he may at any time revoke the authority.

SECTION XX. Subsection (b) of said section 3 of chapter 23A is hereby repealed.