Whereas, The deferred operation of this act would tend to defeat its purpose, which is to expand forthwith wireless communication capacity, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
Section 25A of chapter 166 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the definition of “Usable Space” the following definition:-
“Wireless provider”, any person, firm or corporation other than a utility, which provides telecommunications service.
A utility shall provide a wireless provider with nondiscriminatory access to any pole or right-of-way used or useful, in whole or in part, owned or controlled by it for the purpose of installing a wireless attachment. Notwithstanding this obligation, a utility may deny a wireless provider access to its poles, ducts, conduits, or rights-of-way, on a nondiscriminatory basis only for reasons of inadequate capacity, safety, reliability and generally applicable engineering standards; but upon denial of access for reasons of inadequate capacity, the utility shall, at the expense of the wireless provider, expand the capacity of its poles, ducts, conduits, or rights-of-way to allow access by the wireless provider where such capacity may be reasonably expanded by rearrangement or replacement. This paragraph shall not apply to municipal lighting plants.
Approved July 8, 2006.