Amendment #53 to H4789

Access to Competitive Broadband

Mr. Puppolo of Springfield moves to amend the bill by adding at the end thereof the following sections:--

SECTION XX. Notwithstanding the provisions of section 25A of chapter 166 of the General Laws or any other general or special law to the contrary, the department of public utilities and the department of telecommunications and cable shall promulgate regulations setting forth the rates, terms and conditions of access to and use of poles, ducts, conduits and rights-of-way, in alignment with Subpart J of Part 1 of Title 47 of the Code of Federal Regulations. The regulations shall include any subsequent modifications or additions to the provisions in the United States Code or Code of Federal Regulations provisions referenced therein. The regulations shall apply to a community antenna television system operator, cable television system, a telecommunications carrier, or a broadband Internet access service provider attaching or requesting to attach facilities to a pole owned or controlled by a utility.

SECTION XX. The department of public utilities and the department of telecommunications and cable shall promulgate regulations pursuant to section 1 within 6 months of the effective date of this act.

SECTION XX. Notwithstanding any general or special law, rule or regulation to the contrary, if the department of public utilities and the department of telecommunications and cable fail to promulgate regulations pursuant to section 2, then Subpart J of Part 1 of Title 47 of the Code of Federal Regulations shall be the governing rule regarding pole attachments for utility pole owners and community antenna television system operator, cable television system, a telecommunications carrier, or a broadband Internet access service provider attaching or requesting to attach facilities to a pole owned or controlled by a utility.