Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
The Joint Committee on Telecommunications, Utilities and Energy held a hearing on June 22 on an MMA-backed bill that would bolster the law requiring utility companies to remove doubled-up telephone poles in a timely fashion.
When they replace poles that are broken, utilities often put the new poles alongside the old ones, and many cities and towns report that the utilities fail to remove the second pole within the 90-day period stipulated in state law (M.G.L. Ch. 164, Sec. 34B).
H. 1769, filed by Rep. Stephen Kulik, would authorize cities and towns to use local ordinances or bylaws to enforce Section 34B by establishing a procedure for imposing fines when utilities have not complied with the 90-day deadline.
In Boston Edison Company v. Town of Bedford, the Supreme Judicial Court this summer affirmed a lower court decision striking down a bylaw in Bedford that imposed fines on utilities for double poles that remained in place for more than 90 days. The court expressed concern about too many different requirements among municipalities and a lack of clear legislative intent regarding local enforcement authority.
By establishing a uniform enforcement structure, H. 1769 would clarify the Legislature’s intent, according to the bill’s supporters.
Cities and towns argue that double poles pose a safety hazard because they can obstruct the vision of motorists and many of the poles are not placed in the ground while carrying high-voltage wires.
The state Department of Telecommunications and Energy maintains a database that catalogs the status of double poles throughout the state. While the MMA considers this a positive step toward enforcing Section 34B, local officials have reported shortcomings in the system. Bedford, for example, found that the database incorrectly listed many poles in the town as having municipal fire alarm cable.
Local officials who are concerned about the double-pole issue may contact the chairs of the Joint Committee on Telecommunications, Utilities and Energy: Rep. John Keenan and Sen. Ben Downing.