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Session Law

2008

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Chapter 522 AN ACT RELATIVE TO THE DEPARTMENT OF TELECOMMUNICATIONS AND CABLE.

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. Section 3 of chapter 23A of the General Laws is hereby amended by striking out, in line 76, as appearing in the 2006 Official Edition, the word "energy" and inserting in place thereof the following word:- cable.

SECTION 2. Said section 3 of said chapter 23A is hereby further amended by striking out, in lines 101 and 102, as so appearing, the words "chairman of department of telecommunications and energy" and inserting in place thereof the following words:- commissioner of telecommunications and cable.

SECTION 3.
Section 2A of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out, in line 58, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 4.
Section 40H of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 5.
Section 43 of chapter 92 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 6.
Section 44 of said chapter 92, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 7.
Section 24 of chapter 93 of the General Laws, as so appearing, is hereby amended by striking out, in line 54, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 8.
Section 108 of said chapter 93, as so appearing, is hereby amended by striking out, in line 6, the word "energy" and inserting in place thereof the following word:- cable.

SECTION 9.
Section 8 of chapter 110C of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 10.
Section 81R of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out, in lines 81 and 82, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 11.
Section 34A of chapter 132 of the General Laws, as so appearing, is hereby amended by striking out, in lines 12 to 15, inclusive, the words "telecommunications and energy after public hearing to be required by public necessity or convenience for telephone, telegraph or electric light or power
transmission lines, or pipe lines for natural gas" and inserting in place thereof the following words:- public utilities after public hearing to be required by public necessity or convenience for electric light or power transmission lines or pipelines for natural gas, or found by order of the department of telecommunications and cable after public hearing to be required for public necessity or convenience for telephone or telegraph lines.

SECTION 12.
Said section 34A of said chapter 132, as so appearing, is hereby further amended by striking out, in line 25, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities if a location for electric light or power transmission lines or pipelines for natural gas or the department of telecommunications and cable if a location for telephone or telegraph lines.

SECTION 13.
Section 34A of said chapter 132, as so appearing, is hereby further amended by striking out, in lines 35 and 38, the words "telecommunications and energy" and inserting in place thereof, in each instance, the following words:- public utilities or the department of telecommunications and cable.

SECTION 14.
Section 16 of chapter 132A of the General Laws, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 15.
Section 7 of chapter 141 of the General Laws, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 16.
Section 57 of chapter 147 of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 17.
Section 4 of chapter 155 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 18.
Section 5 of said chapter 155, as so appearing, is hereby amended by striking out, in line 1, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 19.
Section 5A of said chapter 155, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 20.
Section 16 of chapter 158 of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 21.
Section 1 of chapter 166A of the General Laws, as so appearing, is hereby amended by striking out, the definition of “Commission”.

SECTION 22.
Section 2 of said chapter 166A, as amended by section 2 of chapter 19 of the acts of 2007, is hereby further amended by striking out the first and second paragraphs and inserting in place thereof the following paragraph:-
There shall be within the department of telecommunications and cable a division of community antenna television. Subject to section 4 of chapter 25C, the commissioner of the department shall have all the powers and duties under this chapter including, but not limited to: presiding at hearings pursuant to section 2A; maintaining or intervening in an action pursuant to section 12; hearing appeals and issuing enforcement orders pursuant to section 14; regulating rates pursuant to section 15; adopting regulations pursuant to section 16; enforcement powers pursuant to section 17; and all other authority to carry out the duties and responsibilities of this chapter. Except as otherwise provided in this chapter, appeals taken from the orders of the department shall be taken in the same manner and according to the same procedure for the department of public utilities established in section 5 of chapter 25.

SECTION 23.
Section 2A of said chapter 166A, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 1, 8, 9 and 11 the word "director" and inserting in place thereof, in each instance, the following word:- commissioner.

SECTION 24.
Said section 2A of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 7, the word "division" and inserting in place thereof the following word:- department.

SECTION 25.
Said section 2A of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 9, the word "director’s" and inserting in place thereof the following word:- commissioner’s.

SECTION 26.
Section 4 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 3, the word "division" and inserting in place thereof the following word:- department.

SECTION 27.
Section 7 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 5, the word "division" and inserting in place thereof the following word:- department.

SECTION 28.
Section 8 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 4, 5, 7 and 8 the word "division" and inserting in place thereof, in each instance, the following word:- department.

SECTION 29.
Section 10 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 2, 4 and 5, the word "division" and inserting in place thereof, in each instance, the following word:- department.

SECTION 30.
Section 11 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 2, 10 and 12, the word "division" and inserting in place thereof, in each instance, the following word:- department.

SECTION 31.
Section 13 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 4, the word "division" and inserting in place thereof, in each instance, the following word:- department.

SECTION 32.
Section 14 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 8, 12, 14, 15, 18, 25, 31, 32 and 35 the word "division" and inserting in place thereof, in each instance, the following word:- department.

SECTION 33.
Section 15 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 2, 9, 13, 16, 19, 20, 32, 33 and 34 the word "division" and inserting in place thereof, in each instance, the following word:- department.

SECTION 34.
Said section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out the fourth paragraph.

SECTION 35.
Section 16 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 1, 4 and 7 the word "division" and inserting in
place thereof, in each instance, the following word:- department.

SECTION 36.
Section 17 of said chapter 166A, as so appearing, is hereby amended by striking out, in lines 1, 4, 5 and 9 the word "division" and inserting in place thereof, in each instance, the following word:- department.

SECTION 37.
Section 5 of chapter 167B of the General Laws, as so appearing, is hereby amended by striking out, in line 77, the word "energy" and inserting in place thereof the following word:- cable.

SECTION 38.
Section 20 of said chapter 167B, as so appearing, is hereby amended by striking out, in line 55, the word "energy" and inserting in place thereof the following word:- cable.

SECTION 39.
Section 1 of chapter 182 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "telecommunications and energy" and inserting in place thereof, in each instance, the following words:- public utilities or the department of telecommunications and cable.

SECTION 40.
Section 32 of chapter 184, as so appearing, is hereby amended by striking out, in lines 102 and 103, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 41.
Section 5 of chapter 187 of the General Laws, as so appearing, is hereby amended by striking out, in lines 17 and 23, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 42.
Section 76 of chapter 233 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 43.
Section 44 of chapter 262 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 44.
Section 6 of chapter 268 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities, the department of telecommunications and cable.

SECTION 45.
Section 33 of said chapter 268, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 46.
Section 8B of chapter 268A of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "department of telecommunications and energy" and inserting in place thereof the following words:- commonwealth utilities commission.

SECTION 47.
Said section 8B of said chapter 268A, as so appearing, is hereby further amended by inserting after the figure "25,", in line 2, the words:- or the commissioner of telecommunications and cable.

SECTION 48.
The second paragraph of section 107 of chapter 169 of the acts of 2008 is hereby amended by striking out the words “January 1, 2009” and inserting in place thereof the following words:- June 30, 2009.

Approved January 15, 2009


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