TELEPHONE AND TELEGRAPH COMPANIES, AND LINES FOR THE TRANSMISSION OF ELECTRICITY

M.G.L. pt. Part I, tit. Title XXII, ch. c. 166

in effect

M.G.L. c. 166, § 1 Telephone and telegraph companies; subscription and payment for stock; filing of statement

c. 166, § 1. Telephone and telegraph companies; subscription and payment for stock; filing of statement Section 1. A telegraph or telephone company shall not commence the construction of its line until three fourths of its capital stock have been unconditionally subscribed for, and at least one half has been paid in in cash; and the directors shall, within ten days after commencing construction, file in the office of the state secretary a sworn statement of such subscription and payment. For the purposes of sections 1 to 10, inclusive, the word ''company'' shall not include a municipal lighting plant or cooperative which operates a telecommunications system pursuant to section 47E of chapter 164.

M.G.L. c. 166, § 2 Debt limitation

c. 166, § 2. Debt limitation Section 2. Such company shall not at any time contract or owe debts to a larger amount than one half of its capital stock actually paid in.

M.G.L. c. 166, § 3 Liability of president and treasurer for wilful neglect or omission

c. 166, § 3. Liability of president and treasurer for wilful neglect or omission Section 3. The president and treasurer of such company shall be jointly and severally liable for all its indebtedness, in case of wilful neglect or omission on their part to comply with any provision of section one, two or eleven.

M.G.L. c. 166, § 4 Issue of stock, bonds, coupon notes and other evidences of indebtedness

c. 166, § 4. Issue of stock, bonds, coupon notes and other evidences of indebtedness Section 4. Such company shall issue only such amount of stock and bonds, and of coupon notes and other evidences of indebtedness payable at periods of more than three years, as the department of telecommunications and cable may from time to time approve as reasonably necessary for the purpose for which such issue of stock, bonds, coupon notes or other evidences of indebtedness has been authorized. Said department shall on an application for such issue, within thirty days after the final hearing thereon, render a written decision assigning the reasons therefor, and, if approving such issue, specifying the respective amounts of stock, bonds, coupon notes or other evidences of indebtedness approved for the respective purposes to which the proceeds thereof are to be applied. The decision shall, within seven days after it has been rendered, be filed in the office of the department and a certificate of said decision shall, within three days after rendition and before the stock, bonds, coupon notes or other evidences of indebtedness as aforesaid are issued, be filed in the office of the state secretary, and a duplicate thereof delivered to the corporation which shall enter the same upon its records. Such corporation shall not apply the proceeds of such stock, bonds, coupon notes or other evidences of indebtedness as aforesaid to any purpose not specified in such certificate.

M.G.L. c. 166, § 5 Enforcement of orders of department relating to stocks and bonds

c. 166, § 5. Enforcement of orders of department relating to stocks and bonds Section 5. The supreme judicial or superior court shall have jurisdiction in equity, upon the application of the department, attorney general, any stockholder or interested party, to enforce the preceding section and all lawful orders and decisions, conditions or requirements of said department in pursuance thereof. In this chapter, ''department'' or ''department of telecommunications and energy'' means the department of telecommunications and cable.

M.G.L. c. 166, § 6 Improper issue; penalty

c. 166, § 6. Improper issue; penalty Section 6. A director, treasurer or other officer or agent of any such company who knowingly votes to authorize the issue of, or knowingly signs, certifies or issues, stock or bonds contrary to section four, or who knowingly votes to authorize the application, or knowingly applies the proceeds, of such stock or bonds contrary to said section, or who knowingly votes to assume or incur, or knowingly assumes or incurs in the name or behalf of such corporation, any debt or liability except for the legitimate purposes of the corporation shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.

M.G.L. c. 166, § 7 Increase of capital stock; shareholders' rights to new shares

c. 166, § 7. Increase of capital stock; shareholders' rights to new shares Section 7. If any such company increases its capital stock, such new shares necessary to produce the amount of increased capital stock authorized shall, except as provided in the following section, be offered proportionately to its stockholders at not less than the market value thereof at the time of increase, to be determined by the department of telecommunications and cable, taking into account previous sales of stock of the corporation and other pertinent conditions, which determination shall be in writing and with the date thereof shall be certified to and recorded in the books of the corporation. The directors, upon the approval of such increase as provided in section four and the determination of the market value as hereinbefore provided, shall cause written notice of such increase to be given to each stockholder who was such at the date of the vote to increase, stating the amount of such increase, the number of shares or fractions of shares to which he, according to the proportionate number of his shares at the date of such vote, is entitled, the price at which he is entitled to take them, and fixing a time, not less than fifteen days after the date of such determination, within which he may subscribe for such additional stock. Each stockholder may, within the time limited, subscribe for his portion of such stock, which shall be paid for in cash before the issue of a certificate therefor.

M.G.L. c. 166, § 8 Shares authorized to be sold at auction; place of sale

c. 166, § 8. Shares authorized to be sold at auction; place of sale Section 8. If such increase does not exceed four per cent of the existing capital stock of the corporation, the directors, without first offering the same to the stockholders, may sell them by auction to the highest bidder at not less than the par value thereof to be actually paid in cash, and shall so sell any shares which remain unsubscribed for by the stockholders entitled to take them after the expiration of the time limited in the notice required by the preceding section. Such shares shall be offered for sale in Boston or such other city or town as the department of telecommunications and cable directs; and notice of the time and place of such sale shall be published at least five times during the ten days immediately preceding the sale in each of at least three daily newspapers approved by said department.

M.G.L. c. 166, § 9 Issue of stock or scrip before payment for shares at par

c. 166, § 9. Issue of stock or scrip before payment for shares at par Section 9. No such company established under the laws of this commonwealth shall declare any stock or scrip dividend or divide the proceeds of the sale of stock or scrip among its stockholders; nor shall any such company issue any share of stock to any person unless the par value of the shares so issued is first paid in cash to its treasurer.

M.G.L. c. 166, § 10 Effect of issue of stock or scrip before payment for shares; liability of directors

c. 166, § 10. Effect of issue of stock or scrip before payment for shares; liability of directors Section 10. All certificates of stock or scrip issued in violation of the preceding section shall be void; and the directors of the corporation which issues them shall be liable to a penalty of one thousand dollars each, to be recovered by indictment in any county where any of them reside; but if any such director proves that, before such issue, he filed his written dissent thereto with the clerk, or was absent and at no time voted therefor, he shall not be so liable.

M.G.L. c. 166, § 11 Annual return

c. 166, § 11. Annual return Section 11. Every telephone or telegraph company doing business in the commonwealth shall annually, on or before March thirty-first or such subsequent date as the department of telecommunications and cable, for good cause shown in any case, may fix, file with said department a report of its doings for the year ending December thirty-first preceding, which report shall be in such detail as the department prescribes, and shall be called the ''Annual Return.'' Such return shall be sworn to by the treasurer and by the chief accounting officer of such company, and shall include a statement of its business, receipts and expenditures within the commonwealth during the year, its dividends paid out and declared, the amount of its authorized capital and its indebtedness and financial condition. The word ''company'' in this section and in section 12 shall include every person, partnership, association, corporation and municipal lighting plant or cooperative authorized pursuant to section 47E of chapter 164 to engage in the business of the transmission of intelligence by electricity.

M.G.L. c. 166, § 12 Failure to make annual return; penalty

c. 166, § 12. Failure to make annual return; penalty Section 12. Any such company neglecting to make the annual return required by the preceding section shall, for the first fifteen days or portion thereof during which such neglect continues, forfeit five dollars a day; for the second fifteen days or any portion thereof, ten dollars a day; and for each day thereafter a sum not exceeding fifteen dollars a day. If any company unreasonably refuses or neglects to make such return, it shall, in addition thereto, forfeit not more than five hundred dollars for each offence. All forfeitures recovered under this section shall be paid to the commonwealth.

M.G.L. c. 166, § 12A Condensed return of business and financial condition

c. 166, § 12A. Condensed return of business and financial condition Section 12A. Every company subject to the requirements of section eleven shall file with the department, with its annual return required under said section, a condensed return of its business and financial condition, in such form and with such detail as the department requires, signed and sworn to by the treasurer and by the chief accounting officer of such company, setting forth the amount of receipts and expenditures and the amount of each of the principal items of operating expenses, amounts accrued for interest and other carrying charges for capital, taxes, amounts accrued for depreciation and amounts reserved or available for payment of dividends, and at the same time file with the clerk of each city and town in which it operates a copy of such condensed return which shall be kept in the clerk's office and shall be open to public inspection during office hours. If in any year the annual report to the stockholders of such a company sets forth the items specified in this section, such report, duly signed and sworn to as above prescribed, may be filed with the clerk of each such city and town in place of the return herein provided for. The provisions of section twelve relative to returns under section eleven shall apply to returns and copies thereof required to be filed under this section.

M.G.L. c. 166, § 13 Telephone companies; connections with exchanges; equal facilities for all companies; definition of ''person'' or ''company''

c. 166, § 13. Telephone companies; connections with exchanges; equal facilities for all companies; definition of ''person'' or ''company'' Section 13. A person owning, controlling or operating a telephone exchange or service in the commonwealth shall, upon application of a telegraph company, furnish such company with the use of telephones and telephone service, and connection with his exchanges, with the subscribers thereto, and with his telephone service, without discrimination between telegraph companies as to such connection, service or use of instruments furnished or charges therefor for the same class of service. For the purposes of sections 13 to 15D, inclusive, the word ''person'' or ''company'' shall include a municipal lighting plant or cooperative which operates a telecommunications system pursuant to section 47E of chapter 164.

M.G.L. c. 166, § 14 Connections with exchanges; equal facilities for applicants for telephone service; cost of extensions

c. 166, § 14. Connections with exchanges; equal facilities for applicants for telephone service; cost of extensions Section 14. A person owning, controlling or operating a telephone exchange or service in the commonwealth shall, on application and the tender of the charges or rental usual or customary for the class of service required, without discrimination for the same class of service rendered, furnish the applicant with the use of a telephone and telephone service and connection with his exchanges and the subscribers thereto, if the applicant secures the rights necessary to make the connections applied for and pays to the telephone company in advance an amount sufficient to cover the actual cost of the extension, if said extension is more than one mile from any main exchange circuit of such company.

M.G.L. c. 166, § 14A Enhanced 911 service

c. 166, § 14A. Enhanced 911 service Section 14A. (a) In order to establish statewide enhanced 911 service, upon the written request of the state 911 department, established by section 18B of chapter 6A, hereinafter referred to as the department, each telephone company providing local exchange service in the commonwealth shall provide and maintain enhanced 911 service in compliance with a schedule established by the department after consultation with such phone company. (b) Each municipality in the commonwealth shall be served by a primary or regional PSAP, that utilizes enhanced 911 network features in accordance with the implementation schedule established by the department under section 18D of chapter 6A. (c) No provision of law shall be construed to prohibit or discourage the formation of multi-department, multi-jurisdictional or regional PSAPs, or regional emergency communication centers. Any PSAP may serve the jurisdiction of more than 1 public department or a segment of the jurisdiction of a municipality. (d) A telephone company shall forward to any PSAP or any other answering point equipped for enhanced 911 service, the telephone number and street address of any telephone used to place a 911 call. Subscriber information provided in accordance with this section shall be used only for the purpose of responding to emergency calls or for use in any ensuing investigation or prosecution, including the investigation of false or intentionally misleading reports of incidents requiring emergency service. No telephone company, nor the agents of any telephone companies, shall be liable in any action to any person for the release of information as permitted in this section. (e) As enhanced 911 service becomes available and where facilities are available, each telephone company and owner of a private coin telephone in the commonwealth shall convert each public coin or coinless telephone within areas served by such enhanced 911 service to dial tone first capability, to allow a caller to dial 911 without first inserting a coin or paying any other charge. Each provider of public coin or coinless telephone shall provide access to enhanced 911 service, and prominently display instructions on use of such system.

M.G.L. c. 166, § 15 Equal facilities for those connecting with exchange; enforcement

c. 166, § 15. Equal facilities for those connecting with exchange; enforcement Section 15. The supreme judicial or superior court shall have jurisdiction in equity to enforce the two preceding sections.

M.G.L. c. 166, § 15A Entitlement to hand sets as station equipment

c. 166, § 15A. Entitlement to hand sets as station equipment Section 15A. A telephone company, upon request therefor by a subscriber who has paid to such company, for a period of not less than thirty-six months, an extra charge for the use of a hand telephone set, so called, furnished to him by such company, in lieu of a wall or desk set, shall continue to furnish, or furnish, to such subscriber such a set as station equipment without extra charge therefor.

M.G.L. c. 166, § 15B Sales and transfers to similar corporations

c. 166, § 15B. Sales and transfers to similar corporations Section 15B. A corporation organized under the laws of the commonwealth for the transmission of intelligence by electricity or by telephone, whether by electricity or otherwise, hereinafter called the vendor corporation, may, pursuant to a vote of stockholders owning not less than two thirds of its capital stock, at a meeting duly called for the purpose, sell or transfer to a corporation organized for a similar purpose under the laws of the commonwealth or of another state, hereinafter called the vendee corporation, and which owns a majority of the stock of the vendor corporation, all or any of the property of the vendor corporation located upon, along, under and across the public ways or elsewhere; provided, that any such vendee corporation, if a foreign corporation, is at the time of such sale or transfer engaged within the commonwealth in interstate commerce and shall have been so engaged for not less than twenty years immediately preceding such sale or transfer. Any such sale or transfer of property in the public ways may include the transfer of the locations on which such property has been constructed, and such locations shall be validated and confirmed in the vendee corporation if there is filed by the vendee corporation with the clerk of each city and town in which any of such locations is situated a certificate of such sale or transfer, including a list of such locations in such city or town. Every such certificate and list so filed shall be recorded by such clerk and kept with the records of original locations for poles, wires and conduits in such city or town.

M.G.L. c. 166, § 15C Emergency calls; refusal to yield party line; misrepresentation of emergency

c. 166, § 15C. Emergency calls; refusal to yield party line; misrepresentation of emergency Section 15C. Any person who shall wilfully refuse to yield or surrender the use of a party telephone line to another person for the purpose of permitting such other person to report a fire or to summon police, medical or other aid in case of emergency and any person who shall ask for or request the use of such party line on pretext that such an emergency exists knowing that no such emergency in fact does exist shall be guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars. Every telephone company doing business in the commonwealth shall print a copy of this section in a prominent place in each telephone directory published by it.

M.G.L. c. 166, § 15D Energized cables in excavations endangering telephone company employees; notice to electric company; precautionary cooperation

c. 166, § 15D. Energized cables in excavations endangering telephone company employees; notice to electric company; precautionary cooperation Section 15D. No telephone company which has underground wires or cables in a joint trench or other underground location used jointly with an electric company shall require an employee to perform repair work on its wires or cables in any such trench or other such location where energized wires or cables owned by the electric company are present without giving reasonable notice of the time and the place of the proposed repair work to such electric company. Prior to any excavation at the location specified for such repair work, the electric company so notified shall notify such telephone company of all energized wires and cables owned by the electric company in the area to be excavated, and if the wires and cables of the telephone company cannot be repaired without exposing the employee of the telephone company to contact with the energized wires and cables of the electric company, the electric company shall at the time of the excavation furnish a qualified employee of the electric company to identify and designate to the telephone company employee or employees all energized wires and cables owned by the electric company in such location.

M.G.L. c. 166, § 15E Definitions; required equipment and services for subscribers with disabilities; advisory committee on accessibility to telephone service for persons with disabilities

c. 166, § 15E. Definitions; required equipment and services for subscribers with disabilities; advisory committee on accessibility to telephone service for persons with disabilities Section 15E. (a) As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:— ''Captioned telephone'', an amplified telecommunications device with a text display that permits the user to both listen to what is said over the telephone and simultaneously read captions of what the other person is saying, thereby allowing a hard of hearing person to utilize captioned telephone service. ''Captioned telephone service'', an enhanced voice carry over telecommunications relay service, a system which uses third party intervention to connect persons with a hearing disability but with some residual hearing, to engage in communication, by wire or radio, with a hearing individual in a manner that is functionally equivalent to the ability of an individual, who does not have a hearing disability, to communicate using voice communication services, by wire or radio. ''Common carrier'', as common carrier is used in chapters 159 and 166, and referring to a business in the commonwealth that is a provider of local exchange service, so-called, to 1,000 or more subscribers. For the purposes of this section, the term shall also include a municipal lighting plant or cooperative that operates a telecommunications system under section 47E of chapter 164. ''Communication services'', includes: (a) the transmission, conveyance, or routing of real-time, two-way voice communications to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave, wireline, wireless, or other medium or method, regardless of the protocol used; (b) the ability to provide two-way voice communication on the public switched network; (c) wireless enhanced 911 service; (d) wireline enhanced 911 service; (e) interconnected VoIP provider service, as defined by Federal Communication Commission regulations; (f) IP–enabled service, as defined in section 18A of chapter 6A; or (g) prepaid wireless service. ''Communication service provider'', an entity that provides communication services to a subscriber or end user. ''Deaf'', a severe to profound hearing loss resulting in the majority of circumstances, in an inability to effectively use a conventional telephone without the assistance of a test telephone or other nonvoice terminal device. ''Department'', the state 911 department. ''Disability'', a physical, cognitive, sensory or mental impairment that substantially limits 1 or more major activities such as caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning or working, and results in an inability to use a telephone without the assistance of specialized telephone equipment. ''FCC'', the Federal Communications Commission. ''Hard of hearing'', a hearing loss resulting, in the majority of circumstances, in an inability to effectively use a telephone without the assistance of a sound amplification control or a telephone without the use of a hearing aid and a hearing aid compatible handset. ''Hearing carry over'' or ''HCO'', a form of telecommunications relay service, or TRS, with which a person with a speech disability is able to listen to the other end user and, in reply, a third party speaks the text as typed by the person with the speech disability and the third party does not type any conversation. Two-line HCO is an HCO service that allows TRS users to use 1 telephone line for hearing and the other for sending text telephone, or TTY, messages. HCO–to–TTY allows a relay conversation to take place between an HCO user and a TTY user. HCO–to–HCO allows a relay conversation to take place between 2 HCO users. ''Public coin and coinless telephone'', a telephone operated by coin or credit card and located in high use areas that return substantial revenue from the operation thereof including, but not limited to, police stations, hospitals, airports, bus terminals, train stations, libraries, social security, medicaid and medicare offices and shopping centers. ''Semi-public coin and coinless telephone'', a telephone operated by coin or credit card and located in low use areas that return moderate revenue from the operation thereof including, but not limited to, convalescent homes, elderly housing complexes and small meeting houses. ''SCPE'', specialized, customer-premises equipment, such as artificial larynxes, signaling devices, amplified handset, hands-free telephones, text telephones, memory telephones, direct telephone dialing device, braille text telephones, captioned telephone, and other devices which provide access to telephone networks for people with a hearing, speech, vision, mobility or cognitive disability. ''SCPE distribution service'', a system of administration and record keeping, as well as distribution, repair and replacement of SCPE units for certified subscribers. ''Text telephone'' or ''TTY'', a machine that employs graphic communication in the transmission of coded signals through a wire or radio communication system. TTY supersedes the term ''TDD'' or ''telecommunications device for the deaf''. ''Telecommunications relay service'' or ''TRS'', a telephone transmission service that provides an individual with a hearing or speech disability the ability to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability to communicate using voice communication services by wire or radio. TRS includes services that enable two-way communication between an individual who uses a text telephone or other nonvoice terminal device and an individual who does not use such a device, speech-to-speech services, and non–English relay services. TRS supersedes the terms ''dual party relay system,'' ''message relay services,'' and ''TDD relay.'' ''Voice carry over service'', or ''VCO'', a form of TRS with which a person with a hearing disability is able to speak directly to the other end user when a third party types the response back to the person with the hearing disability and the third party does not voice the conversation. Two-line VCO is a VCO service that allows TRS users to use 1 telephone line for voicing and the other for receiving TTY messages. A VCO–to–TTY TRS call allows a relay conversation to take place between a VCO user and a TTY user. VCO–to–VCO allows a relay conversation to take place between 2 VCO users. (b) The department shall provide and maintain a SCPE distribution service, and shall make such services available to any residential subscriber who is: (i) certified by the Massachusetts commission on the deaf and hard of hearing as sufficiently deaf or hard of hearing to be in need of SCPE equipment; (ii) certified by the Massachusetts commission for the blind as sufficiently visually impaired to be in need of SCPE equipment; or (iii) certified by MassAbility as otherwise sufficiently disabled to be in need of SCPE equipment. Each commission may designate the department to administer the certification process required under this section. For the purposes of making this certification, the respective aforementioned commissions shall require a written verification of the claimed disability by a physician, certified audiologist or optometrist, or other medical professional qualified to verify the disability claimed, and licensed to do business in the commonwealth. The department, upon the request of a certified subscriber, shall provide SCPE equipment to the requesting subscriber. The SCPE distribution service shall include the reasonable distribution and replacement of SCPE equipment free of charge, to certified subscribers subject to this subsection and subsection (c). Such service shall be provided free of charge, or at reduced rates if the department of telecommunications and cable first certifies that the requesting subscriber is unable to afford SCPE equipment at its full cost. Any reduced rate shall be in accordance with a rate schedule established by the department of telecommunications and cable. (c) The department and the Massachusetts commission for the deaf and hard of hearing shall review the services specified in subsection (b) and make recommendations to the department of telecommunications and cable as to whether it conforms with the provisions herein. Prior to the implementation of services under subsection (b), the department and the Massachusetts commission on the deaf and hard of hearing shall issue a request for proposals subject to the department of telecommunications and cable's review and approval seeking competitive bids from qualified vendors to provide such services. Communications services providers shall be permitted to submit a competitive bid to provide the aforementioned services. In any rate proceeding conducted under chapter 159 in which a common carrier seeks to reflect the costs for such services in rates, the carrier shall submit to the department of telecommunications and cable information about such requests for proposals such that the department of telecommunications and cable may determine whether the carrier's proposal would provide such services at a cost to the carrier that reflects the least cost to its ratepayers with due regard for standards of reliability and quality, consistent with the public interest. (d) The department shall encourage prospective vendors of telecommunications relay service to provide such service from a center located within the commonwealth using residents of the commonwealth as employees of such center. Preference in employment at such center shall be given to people with disabilities as defined by this section. Specialty types of TRS shall not be required to be provided from a telecommunications service center located in the commonwealth. (e) The department and the Massachusetts commission for the deaf and hard of hearing shall review the services specified in subsection (d) and make recommendations to the department of telecommunications and cable as to whether it conforms with the provisions herein. Prior to the implementation of such services, the department and the Massachusetts commission on the deaf and hard of hearing shall issue a request for proposals subject to the department of telecommunications and cable's review and approval seeking competitive bids from qualified vendors to provide the aforementioned services. Communication services providers shall be permitted to submit a competitive bid to provide such services. In any rate proceeding conducted under chapter 159 in which a common carrier seeks to reflect the costs for such services in rates, such carrier shall submit to the department of telecommunications and cable information about such requests for proposals such that the department of telecommunications and cable may determine whether the carrier's proposal would provide such services at a cost to the carrier that reflects the least cost to its ratepayers with due regard for standards of reliability and quality, consistent with the public interest. (f) The department of telecommunications and cable, in accordance with its certification by the FCC under 47 CFR 64.604 and 64.606 shall have general oversight over all aspects of the provision of the SCPE and TRS programs, unless such certification is not renewed or is revoked. Such oversight shall include, but shall not be limited to, authority over the rates, terms, and conditions, service quality, and enforcement of federal minimum standards for the provision of such services. (g) Any person, firm, corporation or other entity that provides public coin or coinless telephone service or semi-public coin or coinless telephone service, shall provide and maintain its public or semi-public telephones with a minimum of 25 per cent of its public or semi-public telephones with controls for sound amplification of incoming transmission consistent with Massachusetts Architectural Access Code, as provided in 521 CMR 1.0 to 47, inclusive. (h) There shall be an advisory committee on accessibility to communication services for disabled persons. The advisory committee shall consist of the secretary of health and human services or his designee; the commissioner of the Massachusetts commission for the deaf and hard of hearing or his designee; the commissioner of MassAbility or his designee; the commissioner of the Massachusetts commission for the blind or his designee; the director of the Massachusetts office on disability or his designee; and 12 persons to be appointed by the governor, 2 of whom shall be persons who are deaf, 2 of whom shall be persons who are hard of hearing, and 2 who are blind, 2 with other significant vision impairments, 2 with impaired speech, and 2 with impaired mobility or motor skills. Each such member of the advisory committee shall serve for a term of 3 years. The chairperson of the advisory council shall be appointed by the governor and shall serve in such capacity for a term of 1 year. The advisory council shall meet at least quarterly and shall make recommendations to the department and the department of telecommunications and cable on all matters of policy related to communication services and equipment for people with disabilities. (i) The department, in consultation with the department of telecommunications and cable and the advisory committee on accessibility to telephone services for disabled persons, shall promulgate necessary regulations to implement this section.

M.G.L. c. 166, § 16 Receipt and transmission of despatches

c. 166, § 16. Receipt and transmission of despatches Section 16. A telegraph company shall receive despatches from and for other telegraph companies and associations, and from and for any person; and, upon payment of the usual charges for transmitting despatches according to the regulations of the company, shall transmit them faithfully and impartially.

M.G.L. c. 166, § 17 Rates to other telegraph companies or by mail

c. 166, § 17. Rates to other telegraph companies or by mail Section 17. A telegraph company shall receive, compute and transmit despatches received at its offices from another telegraph company or by mail, at the same rates of charge as for despatches received for transmission from individuals on the same day and at the same place.

M.G.L. c. 166, § 18 Violations; penalties

c. 166, § 18. Violations; penalties Section 18. A telegraph company which wilfully neglects or refuses to comply with any provision of the two preceding sections shall forfeit not more than one hundred dollars to the company or person who sends or desires to send the despatch.

M.G.L. c. 166, § 19 Liability for negligent transmission; claim; exceptions

c. 166, § 19. Liability for negligent transmission; claim; exceptions Section 19. A telegraph company shall be liable for damages to the amount of one hundred dollars actually caused by its negligence, or that of its agents, in transmitting, receiving or delivering telegraphic messages, and any limit of such liability by contract or regulation shall apply only to the damages in each case in excess of one hundred dollars; but no action therefor shall be maintained unless a written claim is presented to such company or its agent within sixty days after such right of action accrues. This section shall not apply to negligence occurring in a telegraph office established for the convenience and safety of a railroad corporation in the running of its trains, and transacting a public telegraph business only as incidental thereto, nor to negligence in the delivery of messages received at such office.

M.G.L. c. 166, § 20 Indication of time filed and received on addressee's copy

c. 166, § 20. Indication of time filed and received on addressee's copy Section 20. Every person engaged in the business of transmitting communications by telegraph in the commonwealth and charging tolls therefor, shall cause to appear plainly upon the addressee's copy of every telegram originating at and destined for a point within the commonwealth, the hour and minute of the day on which it was filed for transmission and the hour and minute of the day of its receipt at its destination, and no charge shall be made for or on account of the additional matter required by this section. Violation of any provision of this section shall be punished by a fine of not more than one hundred dollars for every telegram in respect to which the violation occurs.

M.G.L. c. 166, § 21 Location of construction of electric transmission lines

c. 166, § 21. Location of construction of electric transmission lines Section 21. A company incorporated for the transmission of intelligence by electricity or by telephone, whether by electricity or otherwise, or for the transmission of television signals, whether by electricity or otherwise, or for the transmission of electricity for lighting, heating or power, or for the construction and operation of a street railway or an electric railroad, may, under this chapter, construct lines for such transmission upon, along, under and across the public ways and, subject to chapter ninety-one, across and under any waters in the commonwealth, by the erection or construction of the poles, piers, abutments, conduits and other fixtures, except bridges, which may be necessary to sustain or protect the wires of its lines; but such company shall not incommode the public use of public ways or endanger or interrupt navigation. This section shall apply to a company incorporated under the laws of another state for the transmission of intelligence by electricity or by telephone, or television, whether by electricity or otherwise, and which is engaged in interstate commerce within the commonwealth. This section shall apply to a municipal lighting plant or cooperative that operates a telecommunications system outside the limits of its service territory pursuant to section 47E of chapter 164, but only for construction that is outside its service territory.

M.G.L. c. 166, § 21A Coming into close proximity to high voltage lines

c. 166, § 21A. Coming into close proximity to high voltage lines Section 21A. No person shall require or permit any employee to operate a crane, power shovel or other such types of construction equipment in close proximity to overhead high voltage lines; nor to enter upon any land, building or other premises to engage in construction work, including excavation, demolition, repair or other such work or to erect, install, operate or store in or upon such premises any machinery or construction equipment, including well drilling, pile driving or hoisting equipment, where it is intended to perform such work or operate such equipment in close proximity to overhead high voltage lines unless and until contact with said high voltage lines has been effectively guarded against in the manner hereinafter prescribed. For the purposes of this section and sections twenty-one B to twenty-one G the words ''in close proximity to overhead high voltage lines'' shall mean within six feet of such lines.

M.G.L. c. 166, § 21B Protection of overhead high voltage lines

c. 166, § 21B. Protection of overhead high voltage lines Section 21B. The operation or erection of any tools, machinery or equipment, or any part thereof capable of vertical, lateral, or swinging motion; the handling or storage of any supplies, materials or apparatus or the moving of any house or other building, or any part thereof, under, over, by or near overhead high voltage lines, shall be prohibited, if at any time during such operation or other manipulation it is intended or necessary to bring such equipment, tools, materials, buildings or any part thereof within six feet of such overhead high voltage lines, except where such high voltage lines have been effectively guarded against danger from accidental contact, by either: (1) The erection of mechanical barriers to prevent physical contact with high voltage conductors; or (2) De-energizing the high voltage conductors and grounding where necessary. Only in the case of either of such exceptions may the six foot clearance required be reduced. The required six foot clearance shall not be provided by movement of the conductors through strains impressed by attachments or otherwise upon the structures supporting the overhead high voltage lines, nor upon any equipment, fixtures, or attachments thereon. If neither (1) or (2) are practicable in the opinion of the utility company or other owner or operator of such overhead lines, and it is necessary to temporarily relocate the high voltage conductors, mutually agreeable arrangements shall be made with the owner or operator of such lines for their temporary relocation. (3) In addition to (1) and (2), an insulated cagetype guard or other effective protective device of a type approved by the commissioner of labor and industries shall be installed about the boom or arm of all hoisting or other such construction equipment, except backhoes or dippers, being operated in proximity of overhead high voltage lines. (4) All mechanical barriers and all insulated protective devices referred to herein shall be of such character and construction as are suited to work operations, and adequate for the electrical conditions to be encountered. (5) All mechanical barriers and all insulated protective devices shall be maintained in good functioning condition and shall be subject to periodic inspection. The provisions of this section and the preceding section, insofar as they require the erection of mechanical barriers or the de-energizing of high voltage conductors, shall not apply to the transportation of a crane, power shovel or other similar types of construction equipment upon a public way when such equipment is being transported to a construction site.

M.G.L. c. 166, § 21C Warnings; operation of equipment near high voltage lines

c. 166, § 21C. Warnings; operation of equipment near high voltage lines Section 21C. The owner, agent or employer responsible for the operation of equipment shall post and maintain in plain view of the operator on each crane, derrick, power shovel, drilling rig, hay loader, hay stacker, pile driver, or similar apparatus, any part of which is capable of vertical, lateral or swinging motion, an approved weather-resistant warning sign legible at twelve feet reading ''WARNING—Unlawful to operate this equipment within SIX FEET of high voltage lines.''

M.G.L. c. 166, § 21D Warning signs; size; posting

c. 166, § 21D. Warning signs; size; posting Section 21D. Warning signs shall be placed: (1) Within the equipment readily visible to operator of cranes and other equipment when at the controls of such equipment; (2) On the outside of equipment in such number and locations as to be readily visible to mechanics or other persons engaged in the work operations. Warning signs shall be not less than five inches in height, nor less than seven inches in width.

M.G.L. c. 166, § 21E Notification of operation near high voltage lines

c. 166, § 21E. Notification of operation near high voltage lines Section 21E. Before any operations are to be performed within six feet of any overhead high voltage lines, the person or persons responsible for the work to be done shall promptly notify the utility or other company owning or operating the overhead high voltage lines. The work shall be performed only after satisfactory arrangements have been negotiated between the owner or operator of the lines and the contractor.

M.G.L. c. 166, § 21F Exemptions; definitions

c. 166, § 21F. Exemptions; definitions Section 21F. The provisions of sections twenty-one A to twenty-one E, inclusive, shall not apply to the construction, reconstruction, operation and maintenance of overhead electrical conductors and their supporting structures and associated equipment by authorized electrical workers; nor to any authorized person engaged in the construction, reconstruction, operation and maintenance of overhead electrical or communications circuits or conductors and their supporting structures and associated equipment of rail transportation systems, electrical generating, transmission or distribution systems, or communications systems. As used in sections twenty-one A to twenty-one F, inclusive, the words ''high voltage'' shall mean a voltage in excess of four hundred and forty volts, measured between conductors, or measured between the conductor and the ground; the words ''mechanical barrier'' shall mean, temporary devices for separating and preventing contact between material or equipment and overhead electrical conductors, such as:— (a) Series of poles or the equivalent; (b) Nonconductive enclosures around conductors. ''De-energizing'' shall mean removing the voltage from electrical conductors. ''Temporary relocation'' shall mean: (a) Removing electrical conductors from poles; (b) Elevating electrical conductors from poles; (c) Rerouting electrical conductors. ''Authorized person'' shall mean: (a) Employees of a light and power company with respect to the electrical system of such a company, and the employees of a transportation system with respect to the electrical circuits of such system; (b) Employees of communication utilities, state, county or municipal agencies having authorized circuit construction on the poles or structures of an electric power company or transportation system or communication system; (c) Employees of an industrial plant with respect to the electrical system of such plant; (d) Employees of any electrical or communications contractor with respect to work under his supervision. ''Warning sign'' shall mean a weather resistant sign of not less than five inches by seven inches with a yellow background and black lettering reading as follows: ''WARNING—Unlawful to operate this equipment within SIX FEET of high voltage lines.''

M.G.L. c. 166, § 21G Violations; penalties; liability

c. 166, § 21G. Violations; penalties; liability Section 21G. (a) Whoever violates any of the provisions of sections twenty-one A to twenty-one F, inclusive, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment for not more than one year, or both. (b) If a violation of any of the provisions of sections twenty-one A to twenty-one F, inclusive, results in physical or electrical contact with any overhead high voltage line, the person, firm, corporation, or association violating said provisions shall be liable to the owner or operator of such high voltage line for all damage resulting from such contact and for all liability incurred by such owner or operator as a result of any such contact.

M.G.L. c. 166, § 22 Consent of municipal officers to construct or alter lines

c. 166, § 22. Consent of municipal officers to construct or alter lines Section 22. A company desiring to construct a line for such transmission upon, along, under or across a public way shall in writing petition the board of aldermen of the city or the selectmen of the town where it is proposed to construct such line for permission to erect or construct upon, along, under or across said way the wires, poles, piers, abutments or conduits necessary therefor. A public hearing shall be held on the petition, and written notice of the time and place of the hearing shall be mailed at least seven days prior thereto by the clerk of the city or by the selectmen of the town to all owners of real estate abutting upon that part of the way upon, along, across or under which the line is to be constructed, as such ownership is determined by the last preceding assessment for taxation. After a public hearing as aforesaid, the board of aldermen or the selectmen may by order grant to the petitioner a location for such line, specifying therein where the poles, piers, abutments or conduits may be placed, and in respect to overhead lines may also specify the kind of poles, piers or abutments which may be used, the number of wires or cables which may be attached thereto, and the height to which the wires or cables may run. After the erection or construction of such line, the board of aldermen or selectmen may, after giving the company or its agents an opportunity to be heard, or upon petition of the company without notice or hearing, by order permit an increase in the number of wires or cables, and direct an alteration in the location of the poles, piers, abutments or conduits or in the height of the wires or cables. The board of aldermen or selectmen may, on written petition by two or more companies subject to this chapter, and having locations in any of the public ways of such city or town, without notice or hearing, by order transfer any such location from one of such companies to either or any of the other petitioners, or by order authorize any such company to attach its wires and fixtures to existing poles, piers or abutments of either or any of the other petitioners, or to maintain its wires or cables in the conduits of either or any of said other petitioners, or by order grant to said companies joint or identical locations for the maintenance of said existing poles, piers, abutments or conduits, to be used in common by them. The board of aldermen or selectmen may, on written petition by a company subject to this chapter having a location, or by two or more such companies having joint or identical locations, in any of the public ways of a city or town, in any case where a private way has been accepted as a public way, by order, without notice or hearing, grant a location or joint or identical locations to such company or companies for the maintenance of its or their poles, piers, abutments or conduits which were being maintained in such private way at the time of its acceptance as a public way. The board of aldermen or selectmen may, on written petition by two or more companies subject to this chapter, and after notice to abutting land owners and a hearing as hereinbefore provided, by order grant to said companies joint or identical locations for the erection or construction of poles, piers, abutments or conduits, to be owned and used in common by them. No order of the board of aldermen or selectmen shall be required for renewing, repairing or replacing wires, cables, poles, piers, abutments, conduits or fixtures once erected or constructed under the provisions of law, or for making house connections or connections between duly located conduits and distributing poles. The order granting a location or an alteration or transfer thereof, or authorizing an increase in the number of wires or cables or attachments, such as are hereinbefore described, shall be recorded by the city or town clerk in books kept exclusively therefor, and where notice has been given as hereinbefore provided the clerk of the city or the chairman or a majority of the selectmen shall certify on said record that the order was adopted after due notice and a public hearing as hereinbefore prescribed, and no such order shall be valid without such certificate. The company or companies in whose favor the order is made shall pay for such record the fees provided by clause (62) of section thirty-four of chapter two hundred and sixty-two. The board of aldermen or selectmen may under this section authorize the attachment of the wires and fixtures of a street railway or electric railroad company to the poles, piers and abutments of another owner, or the attachment of the wires and fixtures of another owner to the poles, piers and abutments of such company, and may grant joint or identical locations for the erection or construction of poles, piers, or abutments to be owned and used in common by such company and other owners, and locations for the transmission lines and telephone, signal and feed wires of such company in public ways or parts thereof, other than those public ways in which the tracks of such company are laid, and locations for additional poles to support, or alterations of locations for existing poles supporting, trolley or span wires; and all locations granted to a street railway or electric railroad company hereunder shall be subject only to revocation as provided in sections seventy-seven and eighty-two of chapter one hundred and sixty-one; but nothing contained in this section save as hereinbefore expressly set forth shall be held to apply to the poles, wires and other appliances and equipment which a street railway or electric railroad company, by a grant of location, or extension or alteration thereof, under any general or special law now or hereafter in force relating to street railways or electric railroads may be authorized to construct, maintain and operate in a public way; and no terms, restrictions and obligations, other than those imposed upon a grant of location for a street railway or electric railroad, or an extension or alteration thereof, under any general or special law now or hereafter in force relating thereto, shall be imposed upon locations granted to a street railway or electric railroad company hereunder, save locations for its transmission lines or telephone, signal or feed wires in public ways other than those public ways in which the tracks of such company are laid.

M.G.L. c. 166, § 22A Definitions

c. 166, § 22A. Definitions Section 22A. As used in this section and in sections 22B to 22M, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:— (a) ''Municipality'', any city or town. (b) ''Department'', the department of telecommunications and energy. (c) ''Planning board'', the planning board of a city or town. (d) ''Person'' shall include individuals, firms, corporations, partnerships, and their agents and employees. (e) ''Poles and overhead wires and associated overhead structures'' shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, communication circuits, appliances, attachments, and appurtenances located above ground, upon, along or across any public way or ways of a municipality and used or useful in the transmission of intelligence by electricity or otherwise, or for the transmission of television signals, whether by electricity or otherwise, or for the transmission of electricity for lighting, heating or power, or for the construction or operation of a street railway or an electric railroad; provided, however, that said phrase shall not mean or include any of the following: poles, towers, overhead wires and associated overhead structures used exclusively in the transmission but not the distribution of electricity; poles used exclusively for police and fire alarm boxes or any similar municipal equipment installed under the supervision and to the satisfaction of the engineer of any municipality; wires (exclusive of supporting structures) crossing any portion of any underground utility district from which overhead wires have been prohibited, or connecting to buildings on the perimeter of such portion, when such wires originate in an area from which poles and overhead wires and associated overhead structures are not prohibited; overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the same building or to an adjacent building without crossing any public street; radio antennae, their associated equipment and supporting structures, used by a utility for furnishing communication services; and service terminals including transformers in pedestals above ground, used to distribute electric or communication service in underground systems. (f) ''Utility'', any person who has been or may be granted any license, permission or other authority to construct or maintain poles and overhead wires and associated overhead structures upon, along, under or across any public way or ways. (g) ''Engineer of the municipality'', the town engineer or commissioner of public works, or other officer or employee having corresponding duties. (h) ''Transmission'', the carrying of electric power in excess of twenty thousand volts, phase-to-phase. (i) ''Retail delivery revenues'', the revenues that a distribution company, as defined in section 1 of chapter 164, receives for transmission and distribution service excluding revenues from power supply, transition charges, renewable charges and demand side management charges.

M.G.L. c. 166, § 22B Program for prohibition or removal of overhead wires

c. 166, § 22B. Program for prohibition or removal of overhead wires Section 22B. The planning board of any town, if any, or in a town having no such board, the board of selectmen and the city council of any city or a committee designated and appointed for the purpose by it, may (after completing such preliminary consideration and study, including consultation with any utility as it may deem appropriate) at any time by resolution designating the time and place therefor call a public hearing to ascertain whether the public safety, health, convenience or welfare would be advanced by a program (a) prohibiting new installation or construction of or (b) requiring progressive removal of poles and overhead wires and associated overhead structures within all or any part or parts of the municipality. After such hearing the planning board, board of selectmen, city council or committee, as the case may be, shall make a report of its findings, conclusions, and recommendations which shall be filed with the records of the city council or the town meeting of the municipality.

M.G.L. c. 166, § 22C Prohibition and removal of overhead wires; fines and penalties

c. 166, § 22C. Prohibition and removal of overhead wires; fines and penalties Section 22C. After such report has been filed, the municipality may adopt an ordinance or by-law which shall forbid a utility to install or construct except by way of replacement or upgrading of existing facilities any poles and overhead wires and associated overhead structures upon, along or across any public way within all or any part or parts of the municipality and shall require a utility to remove immediately any poles and overhead wires and associated overhead structures installed or constructed by it in violation of such ordinance or by-law. Any such ordinance or by-law shall specify whether it applies to all of the municipality or only to a part or parts thereof and, if only to a part or parts, shall describe such part or parts with reasonable certainty by reference to the names of any way or ways to all or any designated portions thereof to which it applies, by reference to a map, or by other suitable means. Any person who installs or constructs any poles and overhead wires and associated overhead structures in violation of any such ordinance or by-law shall be punished by a fine of not less than one thousand dollars and not more than five thousand dollars. Any person who fails to remove immediately any poles and overhead wires and associated overhead structures in violation of any such ordinance or by-law shall be punished by a fine of not less than one thousand dollars and not more than five thousand dollars for each consecutive fifteen day period during which his failure continues.

M.G.L. c. 166, § 22D Removal of overhead wires; sequence; replacement; fines and penalties

c. 166, § 22D. Removal of overhead wires; sequence; replacement; fines and penalties Section 22D. After a report has been filed under section twenty-two B, the municipality may adopt an ordinance or by-law which shall require a utility to remove its poles and overhead wires and associated overhead structures which are located upon, along or across any public way or ways within all or any part or parts of the municipality. Any such ordinance or by-law shall specify whether it applies to all of the municipality or only to a part or parts thereof and, if only to a part or parts, shall describe such part or parts with reasonable certainty by reference to the names of any way or ways to all or any designated portions thereof to which it applies, by reference to a map, or by other suitable means. Such ordinance or by-law may specify in whole or in part the sequence which any utility shall follow in removing its poles and overhead wires and associated overhead structures by specifying the part or parts of the municipality in which removal shall first be effected, then the part or parts in which removal shall next be effected. Any utility which fails to remove any poles and overhead wires and associated overhead structures as required by such ordinance or by-law shall be punished by a fine of not less than one thousand dollars and not more than five thousand dollars for each consecutive fifteen day period during which such failure continues; provided, however, that no utility shall be deemed to have violated any such ordinance or by-law, provided that (a) if replacement facilities for poles and overhead wires and associated overhead structures required to be removed will be needed in order for it to continue its service, it shall within sixty days after the effective date of such ordinance on by-law petition pursuant to section twenty-two for permission to erect or construct under the public ways of said municipality replacement facilities for said poles and overhead wires and associated overhead structures, and (b) it shall prepare and file with the board of selectmen or city council of the municipality a plan (which shall be consistent with any removal sequence specified in such ordinance or by-law) for the removal of such poles and overhead wires and associated overhead structures and, if needed for the continuation of its service, for their replacement with underground facilities, and (c) in each calendar year beginning with the calendar year next following the effective date of such ordinance or by-law and until all such overhead wires and associated overhead structures shall have been removed, it shall, in carrying out such plan, allocate and expend for the direct cost of demolition and construction (over and above the reasonable value of any salvage) an amount which shall be not less than two per cent of its gross revenue or in the case of a distribution company as defined in section 1 of chapter 164, 7 per cent of retail delivery revenues derived during the next preceding calendar year from its customers in said municipality; provided, however, it may carry over as a credit allocable to any one or more subsequent years any amount expended in any year exceeding said two per cent of its gross revenue or in the case of a distribution company as defined in section 1 of chapter 164, 7 per cent of retail delivery revenues, but any utility may receive interest at the rate set by the department for customer security deposits; and (d) it shall, on or before the last day of March in each year, file with the board of selectmen or city council of such municipality a statement signed, under the penalties of perjury, by its treasurer setting forth in detail: the amounts spent by it during the immediately preceding calendar year in carrying out said plan, the purposes for which such expenditures were made; and the gross revenue or in the case of a distribution company as defined in section 1 of chapter 164, the retail delivery revenues derived from its customers in said municipality during the immediately preceding calendar year; and provided, however, that no utility which enters into a cooperation agreement under section twenty-two E shall be deemed to have violated said ordinance or by-law during the term such payments are to be made, so long as said utility shall not be in default of said cooperation agreement. If any such ordinance or by-law, provides, any utility in providing replacement facilities for any poles and overhead wires and associated overhead structures required to be removed shall install customer's service facilities. Any sums expended by any utility in installing such customer's service facilities in compliance with such ordinance or by-law shall be deemed to have been expended in carrying out the plan of such utility, referred to in this section, for the removal of such poles and overhead wires and associated overhead structures, and for their replacement by underground facilities.

M.G.L. c. 166, § 22E Cooperative agreements to remove overhead wires

c. 166, § 22E. Cooperative agreements to remove overhead wires Section 22E. Any utility organized and existing under the laws of or doing business in this commonwealth and any municipality may enter into, and from time to time amend, and perform a cooperation agreement pursuant to which (a) the utility shall pay to the municipality in each calendar year for a period of years specified in such agreement an amount which shall be not less than two per cent of such utility's gross revenue or in the case of a distribution company as defined in section 1 of chapter 164, 7 per cent of retail delivery revenues derived during the next preceding calendar year from its customers in said municipality and (b) the municipality shall expend during such term as such agreement may specify an amount not exceeding the sums paid to it by the utility pursuant to such agreement to remove (or cause to be removed) any poles and overhead wires and associated overhead structures of such utility and, if needed for the continuation of such utility's service, to replace the same (or cause them to be replaced) with underground facilities. In carrying out its obligations under any such cooperation agreement, a municipality may exercise all of its powers appurtenant to the performance of any public work and may award contracts in the same manner and subject to the same limitations and restrictions as would apply to like contracts in reference to the planning or performance of any public work. Such cooperation agreement may contain any and all such provisions as shall be consistent with the purposes of this section, including a provision that the municipality shall expend a portion of the sums paid to it by the utility for the provision of customer's service facilities.

M.G.L. c. 166, § 22F Notice of hearing or ordinance to remove overhead wires

c. 166, § 22F. Notice of hearing or ordinance to remove overhead wires Section 22F. The municipality shall comply with the following provisions with reference to notice: (a) When the planning board, board of selectmen, city council or committee of any municipality calls a public hearing pursuant to section twenty-two B, the clerk of the municipality shall publish a copy of said resolution in a newspaper of general circulation in the municipality at least once not more than fifteen nor less than five days prior to said hearing. (b) When a municipality adopts an ordinance or by-law pursuant to section twenty-two C or section twenty-two D the clerk of the municipality shall, in addition to any other notice required by law, notify all utilities known to have poles and overhead wires and associated overhead structures affected by said ordinance or by-law and all persons known to own real property served by said poles and overhead wires and associated overhead structures, by mailing a copy thereof to said persons and utilities within thirty days after the date it was adopted.

M.G.L. c. 166, § 22G Emergency erection of overhead wires

c. 166, § 22G. Emergency erection of overhead wires Section 22G. The board of selectmen or city council of any municipality may grant special permission, for such period and on such terms as it may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate, poles and overhead wires and associated overhead structures, notwithstanding the provisions of any ordinance or by-law adopted pursuant to section twenty-two C or twenty-two D. No person shall be deemed to have violated any ordinance or by-law adopted pursuant to section twenty-two C or section twenty-two D for doing any act authorized by any such special permission.

M.G.L. c. 166, § 22H Underground construction; responsibility of utility

c. 166, § 22H. Underground construction; responsibility of utility Section 22H. If underground construction is necessary to provide replacement facilities for any poles and overhead wires and associated overhead structures removed pursuant to any ordinance or by-law enacted pursuant to section twenty-two D the utility shall be responsible to furnish in connection with such replacement facilities only that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the department (hereinafter called the ''utility's service facilities''); provided, however, that the utility shall by its tariff offer to carry its lines up to any structure which is to receive service or a distance of fifty feet from the street, whichever is the lesser; and provided, further, that if any ordinance or by-law adopted pursuant to section twenty-two D so provides, any utility in providing underground replacement facilities for any poles and overhead wires and associated overhead structures shall install customer's service facilities. Underground construction by the utility, or by or on behalf of any municipality, pursuant to any cooperation agreement entered into pursuant to section twenty-two E shall be accomplished in accordance with the rules and regulations authorized by the department, and shall be scheduled so as to be completed at or prior to removal of such poles and overhead wires and associated overhead structures as are being removed.

M.G.L. c. 166, § 22I Underground construction; customer service facilities

c. 166, § 22I. Underground construction; customer service facilities Section 22I. All underground construction and conduits, conductors and associated equipment necessary to receive utility service between the utility's service facilities referred to in section twenty-two H and the service facilities in the building or structure being served shall be deemed ''customer's service facilities''. To the extent required by any ordinance or by-law adopted pursuant to section twenty-two D may provide, any utility in providing underground replacement facilities for any poles and overhead wires and associated overhead structures shall install customer's service facilities. In all other respects the provision of customer's service facilities shall be the responsibility of the person owning, operating, leasing or renting said property, subject to applicable rules, regulations and tariffs of the utility on file with the department and to the requirements of applicable laws, ordinances and by-laws. If the person owning, operating, leasing or renting said property fails to provide such customer's service facilities which are his responsibility prior to the time for removal of the poles and overhead wires and associated overhead structures of the utility, the engineer of the municipality shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property at the expense of the person owning, operating, leasing or renting said property, and the municipality shall have a claim against said person for the cost thereof and a lien against said property to secure said claim. No utility shall be in violation of any such ordinance or by-law in continuing to maintain overhead facilities necessary to serve such person during the period of such person's failure to provide customer's service facilities for which he is responsible and such reasonable time thereafter as may be necessary to remove such overhead facilities. No utility shall be deemed to be in violation of any law, by-law or ordinance or any obligation to the public or to any person by reason of such utility's discontinuing service to any property in the event of failure of the person owning, operating, leasing or renting said property to provide customer's service facilities for which he is responsible prior to the removal by any utility of its poles and overhead wires and associated overhead structures as required by any ordinance or by-law adopted pursuant to section twenty-two D of this chapter.

M.G.L. c. 166, § 22J Removal of municipal equipment from poles

c. 166, § 22J. Removal of municipal equipment from poles Section 22J. When a municipality adopts an ordinance or by-law pursuant to section twenty-two D, it shall remove its police and fire alarm circuits or any similar municipal equipment at its own expense from all poles required to be removed, and the removal of such circuits shall be completed in such manner and in such time as not to hinder or interfere with action taken by the utility to comply with said ordinance or by-law.

M.G.L. c. 166, § 22K Extension of time for removal

c. 166, § 22K. Extension of time for removal Section 22K. If any act required by an ordinance or by-law adopted pursuant to section twenty-two D cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, or any other circumstances beyond the control of the person obligated to perform such act, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitations.

M.G.L. c. 166, § 22L Rate differential; adoption of removal ordinance

c. 166, § 22L. Rate differential; adoption of removal ordinance Section 22L. If at any time one or more but less than all of the municipalities in which the customers of any one utility are located adopt an ordinance or by-law forbidding new installation of overhead facilities under section twenty-two C, the department of telecommunications and energy shall, in accordance with the provisions of section fourteen of chapter one hundred and fifty-nine and section ninety-four of chapter one hundred and sixty-four, after notice to all the municipalities in which such customers are located, and a hearing, establish a differential between the rates charged customers located in municipalities which have adopted such ordinance and those located in municipalities which have not adopted such ordinance, provided that no such differential, however introduced or effected, shall at any time result in revenues materially exceeding any increased cost of providing service caused solely by adoption of such ordinance by such municipality. The foregoing procedure for establishing such differential shall be exclusive.

M.G.L. c. 166, § 22M Billing surcharge; adoption of removal ordinance

c. 166, § 22M. Billing surcharge; adoption of removal ordinance Section 22M. In addition to all other rates, charges and fees it may otherwise be authorized to impose and collect any utility shall impose and collect as a capital contribution towards the cost of construction a surcharge of two per cent on its total billing to each customer located in a city or town which has in force and effect an ordinance or by-law adopted in accordance with section 22D. However, a distribution company, as defined in section 1 of chapter 164, shall impose and collect a surcharge of 7 per cent of retail delivery revenues, plus interest at the rate set by the department, for customer security deposits except in a city or town that before the effective date of this section has enacted an ordinance or by-law under section 22D establishing a 2 per cent surcharge or where construction is in progress or already completed, unless the city or town otherwise agrees to the 7 per cent surcharge by adopting an ordinance or by-law under said section 22D. A surcharge under this section shall apply only if the distribution company is not in violation of the ordinance or by-law and if the ordinance or by-law has been in effect for a period of at least 1 year.

M.G.L. c. 166, § 22N Effective date of adopting ordinance

c. 166, § 22N. Effective date of adopting ordinance Section 22N. Any ordinance or by-law adopted under the provisions of section twenty-two C or section twenty-two D shall become effective on the first day of January next following a date nine months subsequent to the date of its enactment.

M.G.L. c. 166, § 23 Citizens establishing and maintaining lines

c. 166, § 23. Citizens establishing and maintaining lines Section 23. Selectmen may authorize citizens of the commonwealth to establish and maintain, in their town, poles, wires and other apparatus for telegraphic and telephonic communication, in conformity with this chapter and other laws applicable to telegraph or telephone companies.

M.G.L. c. 166, § 24 Construction of lines for private use; privileges of town; protection of lines

c. 166, § 24. Construction of lines for private use; privileges of town; protection of lines Section 24. The selectmen may, upon terms and conditions prescribed by them, and subject to the provisions of this chapter, so far as applicable, authorize a person to construct for private use upon, along and under the public ways of the town telegraph and telephone lines and lines for the transmission of electricity for light, heat or power. Upon the construction of any such line, the poles and structures thereof within the location of such ways shall become the property of the town, and the selectmen may regulate and control the same, may at any time require the persons using the same to make alterations in the location or construction thereof and may, after notice and a hearing, order the removal thereof. The town may at any time attach wires for its own use to such poles and structures, and the selectmen may permit other persons to attach wires for their private use thereto or to poles and structures constructed by the town, and may prescribe reasonable terms and conditions therefor. Whoever unlawfully injures or destroys any wire, pole, structure or fixture of any such line shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years, or both.

M.G.L. c. 166, § 25 Underground telegraph, telephone or television lines; regulations

c. 166, § 25. Underground telegraph, telephone or television lines; regulations Section 25. The selectmen may, within their towns, permit telegraph, telephone or television lines to be laid under any public way or place, and may establish reasonable regulations for the erection and maintenance of all lines for the transmission of intelligence by telegraph, telephone or television, or for the transmission of electricity for light, or for heat or power except for the use of street railway companies, by every person having authority to place such structures in or under public ways or places, including all lines owned or used by said towns. Regulations established by a city hereunder shall be made by ordinance.

M.G.L. c. 166, § 25A Attachments; authority to regulate

c. 166, § 25A. Attachments; authority to regulate Section 25A. The following terms as used in this section shall have the following meanings: ''Utility'', means any person, firm, corporation or municipal lighting plant that owns or controls or shares ownership or control of poles, ducts, conduits or rights of way used or useful, in whole or in part, for supporting or enclosing wires or cables for the transmission of intelligence by telegraph, telephone or television or for the transmission of electricity for light, heat or power. ''Attachment'', means any wire or cable for transmission of intelligence by telegraph, wireless communication, telephone or television, including cable television, or for the transmission of electricity for light, heat, or power and any related device, apparatus, appliance or equipment installed upon any pole or in any telegraph or telephone duct or conduit owned or controlled, in whole or in part, by one or more utilities. ''Licensee'', means any person, firm or corporation other than a utility, which is authorized to construct lines or cables upon, along, under and across the public ways. For the purposes of this section, the term shall also include a municipal lighting plant or cooperative that operates a telecommunications system outside the limits of its service territory pursuant to section 47E of chapter 164, but only for those attachments that are outside its service territory. ''Usable Space'', means the total space which would be available for attachments, without regard to attachments previously made, (i) upon a pole above the lowest permissible point of attachment of a wire or cable upon such pole which will result in compliance with any applicable law, regulation or electrical safety code or (ii) within any telegraph or telephone duct or conduit. ''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. The department of telecommunications and energy shall have authority to regulate the rates, terms and conditions applicable to attachments, and in so doing shall be authorized to consider and shall consider the interest of subscribers of cable television services and wireless telecommunications services as well as the interest of consumers of utility services; and upon its own motion or upon petition of any utility or licensee said department shall determine and enforce reasonable rates, terms and conditions of use of poles or of communication ducts or conduits of a utility for attachments of a licensee in any case in which the utility and licensee fail to agree. No attachments shall be made without the consent of the utility to the poles, towers, piers, abutments, conduits, manholes, and other fixtures necessary to sustain, protect, or operate the wires or cables of any lines used principally for the supply of electricity in bulk. Said department, pursuant to the provisions of this section, shall determine a just and reasonable rate for the use of poles and communication ducts and conduits of a utility for attachments of a licensee by assuring the utility recovery of not less than the additional costs of making provision for attachments nor more than the proportional capital and operating expenses of the utility attributable to that portion of the pole, duct, or conduit occupied by the attachment. Such portion shall be computed by determining the percentage of the total usable space on a pole or the total capacity of the duct or conduit that is occupied by the attachment.

M.G.L. c. 166, § 26 Violation of regulations

c. 166, § 26. Violation of regulations Section 26. The selectmen shall forthwith give written notice in detail to the owner, constructor or person using any line constructed or maintained in violation of such regulations; and if thereafter such unlawful construction is continued or if said lines are not within a reasonable time so altered as to conform to said regulations, the supreme judicial or superior court may enjoin the further progress of said work, or order such line removed or altered at the expense of the owners, constructors or persons using the same. If such line belongs to or is used by a town, like action may be taken upon complaint of a person injured, after such notice to the town as the court may order.

M.G.L. c. 166, § 27 Approval by department of ordinances or regulations of municipality

c. 166, § 27. Approval by department of ordinances or regulations of municipality Section 27. No ordinance or regulation of a city or town, or regulation or restriction imposed in a grant of location, affecting the erection, maintenance or operation of a line for the transmission of electricity for light, heat or power extending or intended to extend from some point in one city or town through or to some point in another city or town, shall take effect until approved by the department of telecommunications and energy.

M.G.L. c. 166, § 28 Approval by department of location; public hearing; place of hearing; determination; fees

c. 166, § 28. Approval by department of location; public hearing; place of hearing; determination; fees [Text of section effective until March 1, 2026. For text effective March 1, 2026, see below.] Section 28. Any company subject to this chapter, except a telegraph or telephone company, desiring to construct a line for the transmission of electricity which will of necessity pass through one or more cities or towns to connect the proposed termini of such line, whose petition for the location necessary for such line has been refused, or has not been granted within three months after the filing thereof by the board of aldermen of a city or the selectmen of a town through which said company intends to construct such line for the purpose aforesaid, may apply to said department for such location. The department shall give a public hearing thereon after notice to the board of aldermen or selectmen refusing or neglecting to grant such location, and to all persons owning real estate abutting upon any way in the city or town where such location is sought, as such ownership is determined by the last assessment for taxation. The department shall, if requested by the board of aldermen or selectmen, hold said hearing in the city or town where the location is sought. If it appears at the hearing that the company has already been granted and has accepted a location for such line in two cities, or in two towns, or in a city and town adjoining the city or town because of the refusal or neglect of whose board of aldermen or selectmen to grant a location therefor the application is made, or if it appears at the hearing that the company has already been granted and has accepted locations for such line in a majority of the cities, or towns, or cities and towns through which such line will pass, and if the department deems the location necessary for public convenience, and in the public interest, it may by order grant a location for such line in the city or town with respect to which the application is made, and shall have and exercise relative thereto the same powers and authority conferred by section twenty-two upon the board of aldermen or selectmen and in addition to the provisions of law governing such company may impose such other terms, limitations and restrictions as it deems public interest may require. The department shall cause an attested copy of its order, with the certificate of its clerk, endorsed thereon, that the order was adopted after due notice and a public hearing as hereinbefore prescribed, to be forwarded to the city or town clerk, who shall record the same and furnish attested copies thereof. The company in whose favor the order is made shall pay for such record and attested copies the fees provided by clauses thirty-one and thirty-two, respectively, of section thirty-four of chapter two hundred and sixty-two. Chapter 166: Section 28. Approval by energy facilities siting board of location; public hearing; place of hearing; determination; fees [Text of section as amended by 2024, 239, Sec. 83 effective March 1, 2026. See 2024, 239, Sec. 139. For text effective until March 1, 2026, see above.] Section 28. A company subject to this chapter, except a telegraph or telephone company, desiring to construct a line for the transmission of electricity that will, of necessity, pass through at least 1 city or town to connect the proposed termini of such line, whose petition for the location necessary for such line has been refused or has not been granted within 3 months after the filing thereof by the city council or the select board of the town through which the company intends to construct such line, may apply to the energy facilities siting board for such location. The energy facilities siting board shall hold a public hearing thereon after notice to the city council or select board refusing or neglecting to grant such location and to all persons owning real estate abutting upon any way in the city or town where such location is sought, as such ownership is determined by the last assessment for taxation. The energy facilities siting board shall, if requested by the city council or select board, hold the hearing in the city or town where the location is sought. If it appears at the hearing that the company has already been granted, and has accepted, a location for such line in 2 cities or in 2 towns or in a city and town adjoining the city or town refusing or neglecting to grant a location or if it appears at the hearing that the company has already been granted, and has accepted, locations for such line in a majority of the cities or towns through which such line will pass and if the energy facilities siting board deems the location necessary for public convenience and in the public interest, the board may by order grant a location for such line in the city or town with respect to which the application is made and shall have and exercise the powers and authority conferred by section 22 upon the city council or select board and in addition to the provisions of law governing such company may impose such other terms, limitations and restrictions as it deems the public interest may require. The energy facilities siting board shall cause an attested copy of its order, with the certificate of its clerk endorsed thereon that the order was adopted after due notice and a public hearing, to be forwarded to the city or town clerk, who shall record the same and furnish attested copies thereof. The company in whose favor the order is made shall pay for such record and attested copies the fees provided by clauses 31 and 32, respectively, of section 34 of chapter 262.

M.G.L. c. 166, § 29 Persons entitled to damages

c. 166, § 29. Persons entitled to damages Section 29. An owner of land abutting upon a public way along which telegraph or telephone, television, electric light, heating or power lines are constructed, erected or altered in location or construction by any telegraph or telephone, television, electric light, heating or power company, whose property is injuriously affected or diminished in value by occupation of the ground or of the air, or otherwise by such construction, erection or alteration, whether such owner is also the owner of the fee in such way or not, may recover damages therefor from the company under chapter seventy-nine.

M.G.L. c. 166, § 30 Regulations concerning wires

c. 166, § 30. Regulations concerning wires Section 30. A person or a corporation, private or municipal, owning or operating a line of wires over or under streets or buildings shall use only strong and proper wires safely attached to strong and sufficient supports and insulated at all points of attachment; shall remove all wires the use of which is abandoned; shall properly insulate every wire where it enters a building, and, if such wire is other than a wire designed to carry an electric light, heat or power current, shall attach to it at a proper point in the circuit, near the place of entering the building, and so situated as to avoid danger from fire, an appliance adapted at all times to prevent a current of electricity of such intensity or volume as to be capable of injuring electrical instruments or of causing fire from entering the building by means of such wire beyond the point at which such appliance is attached; and shall properly insulate every wire within a building designed to carry an electric light, heat or power current.

M.G.L. c. 166, § 31 Fixtures supporting wires or cables; marking to show ownership

c. 166, § 31. Fixtures supporting wires or cables; marking to show ownership Section 31. Such person or corporation shall plainly mark each pole, pier, abutment or other fixture supporting wires or cables containing wires over streets or buildings with the name or initials of the owner of such pole, pier, abutment or other fixture. Wherever cross arms or other appliances for the support of wires or cables belonging to different owners are attached to the same pole, pier, abutment or other fixture, every such cross arm or other appliance shall plainly be tagged or marked with the name or initials of the owner thereof. Wherever wires or cables belonging to different owners are attached to the same cross arm or other appliances for the support of wires or cables, every wire or cable shall be tagged or marked with the name or initials of the owner at or near its point of attachment to such cross arm or other appliance. No such tag or mark shall be required for the wires, poles, piers, abutments and other fixtures of a street railway or electric railroad company, except for its feed wires supported by poles carrying wires or cables belonging to another owner, and for its poles supporting wires or cables belonging to another owner, and for poles belonging jointly to the street railway company and another owner.

M.G.L. c. 166, § 32 Municipal inspector of wires; appointment; qualifications; powers and duties; liability for removal of wires

c. 166, § 32. Municipal inspector of wires; appointment; qualifications; powers and duties; liability for removal of wires Section 32. A city or town shall, by ordinance, vote or by-law, appoint an inspector of wires. Said inspector shall be a licensed electrician. Two or more cities or towns may vote to form a district and shall appoint an inspector of wires, whose compensation shall be fixed by the district and paid for by each city and town comprising such district as the city and town members thereof shall determine and who shall have the same powers and duties of an inspector of a city or town. Such inspector shall supervise every wire over or under streets or buildings in such a city, town or district and every wire within or supplied from buildings and structures subject to the provisions of chapter one hundred and forty-three, and the state building code, except wires within a manufactured building or building component as defined in the state building code and inspected in accordance with rules and regulations promulgated by the building code commission; shall notify the person owning or operating any such wire whenever its attachments, insulation, supports or appliances are improper or unsafe, or whenever the tags or marks thereof are insufficient or illegible; shall, at the expense of the city or town, remove every wire not tagged or marked as hereinbefore required, and shall see that all laws and regulations relative to wires are strictly enforced. A city, town or district may recover in contract from the owner of any such wire so removed the expense which it has incurred for the removal thereof.

M.G.L. c. 166, § 32A Inspector of wires working as electrician; inspection by assistant inspector

c. 166, § 32A. Inspector of wires working as electrician; inspection by assistant inspector Section 32A. In a city, town or district which accepts this section, a licensed electrician who is appointed inspector of wires may practice for hire or engage in the business for which licensed under the applicable provisions of chapter one hundred and forty-one while serving as such inspector; provided, however, that within the area over which he has jurisdiction as wiring inspector he shall not exercise any of his powers and duties as such inspector, including those of enforcement officer of the state electrical code, over wiring or electrical work done by himself, his employer, employee or one employed with him. Any such city, town or district may in the manner provided in the preceding section appoint an assistant inspector of wires who shall exercise the duties of inspector of wires, including those of enforcement officer of the state electrical code, over work so done. Said assistant inspector may act in absence or disability of the local inspector and for his services shall receive like compensation as the city, town or district shall determine. This section shall take effect upon its acceptance in a city, by vote of the city council, subject to the provisions of the charter of such city; in a town, by vote of the board of selectmen; in a municipality having a town council form of government, by a vote of the town council, subject to the provisions of the charter of such municipality and in a district, by vote as above provided of the cities and towns of the district.

M.G.L. c. 166, § 33 Enforcement of Secs. 30 to 32

c. 166, § 33. Enforcement of Secs. 30 to 32 Section 33. The supreme judicial or superior court shall have jurisdiction in equity upon petition of the inspector designated or appointed as aforesaid, to enforce the three preceding sections and to restrain the use or maintenance, or to cause the removal, of any wire, pole or other support erected, maintained or used in violation of said sections.

M.G.L. c. 166, § 34 Poles and other structures used to support lines; protection of employees and public

c. 166, § 34. Poles and other structures used to support lines; protection of employees and public Section 34. Poles and other structures used to support lines for the transmission of electricity shall be insulated in such manner as to protect employees and other persons from accidents. If such poles and other structures are of any material except wood, and support lines which are operated at a voltage in excess of two thousand volts, they shall be plainly and conspicuously marked ''Dangerous. Keep Away''; provided, that if such poles or structures are used solely to support lines for the transmission of electricity for street lighting and are operated at a voltage of not over ten thousand volts the same need not be so marked if those parts thereof which are accessible to the public are solidly connected to a permanent ground having a resistance of not more than two ohms and if the service wires conducting the current to such poles or structures are placed in underground conduits. The inspector of wires designated or appointed under the authority of section thirty-two, or, in Boston, the fire commissioner, shall enforce this section, and he shall be the sole judge of what constitutes a proper insulation or marking as hereinbefore required. Any owner of poles or other structures, used for the transmission of electricity, shall be punished by a fine of not less than ten nor more than one hundred dollars for each pole or structure left uninsulated, ungrounded or unmarked in violation of this section for an unreasonable time after a request by said inspector or commissioner that the same be properly insulated, grounded or marked as herein required. For the purposes of this section, the words ''inspector of wires'' or ''inspector'' shall, in any town having no such inspector, mean the selectmen.

M.G.L. c. 166, § 35 Use of poles and other fixtures for communication without consent of owner

c. 166, § 35. Use of poles and other fixtures for communication without consent of owner Section 35. A corporation or person maintaining or operating telephone, telegraph, television or other electric wires or any other person who in any manner affixes or causes to be affixed to the property of another any pole, structure, fixture, wire or other apparatus for telephonic, telegraphic, television or other electrical communication, or who enters upon the property of another for the purpose of affixing the same, without first obtaining the consent of the owner or lawful agent of the owner of such property, shall, on complaint of such owner or his tenant, be punished by a fine of not more than one hundred dollars.

M.G.L. c. 166, § 36 Marking name of corporation maintaining or operating on poles or other fixtures

c. 166, § 36. Marking name of corporation maintaining or operating on poles or other fixtures Section 36. A corporation or person maintaining or operating telephone, telegraph, television or other electric wires shall, at all places where such wires are affixed by any pole, structure or fixture to the property of another, mark such pole, structure or fixture in a clear, durable and legible manner with the name or initials of the corporation or person maintaining or operating such wires, and any corporation or person failing to comply with this section shall be punished by a fine of not more than one hundred dollars.

M.G.L. c. 166, § 37 Prescriptive easements

c. 166, § 37. Prescriptive easements Section 37. No enjoyment, for the purposes specified in section twenty-one, for any length of time of the privilege of having or maintaining poles, wires or apparatus in, upon, over or attached to any building or land of other persons shall give a legal right to the continued enjoyment of such easement or raise any presumption of a grant thereof.

M.G.L. c. 166, § 38 Intentional injury or destruction of property; penalty

c. 166, § 38. Intentional injury or destruction of property; penalty Section 38. Whoever unlawfully and intentionally injures, molests or destroys any line, wire, pole, pier or abutment, or any of the materials or property of any street railway company, of any electric railroad company, or of any city or town engaged in the manufacture and sale of electricity for light, heat or power or of any company, owner or association described in sections twenty-one and forty-three shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years, or both; and whoever does any act prohibited by this section between the hours of four o'clock in the afternoon and seven o'clock in the forenoon shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than four years, or both.

M.G.L. c. 166, § 39 Temporary removal of wires; refusal of company to act

c. 166, § 39. Temporary removal of wires; refusal of company to act Section 39. Whenever, in order to move a building or for any other necessary purpose, a person desires that the wires of any such company be cut, disconnected or removed, the company shall forthwith cut, disconnect or remove the same, if the person desiring this to be done has first left a written statement, signed by him, of the time when, and the place, described by reference to the crossings of streets or highways, where he wishes to remove said wires, at the office of the company in the city or town where such place is situated, seven days before the time so stated, or, if there is no such office, if he has deposited such statement in the post office, postage prepaid, and directed to the company at its office nearest to said place, ten days before the time mentioned in said statement. If the company neglects or refuses to cut, disconnect or remove wires, as hereinbefore provided, the inspector of wires, or the selectmen of a town having no such inspector, may cause the same to be cut, disconnected or removed, and the city or town may recover of the company in contract the expense of so doing.

M.G.L. c. 166, § 40 Removal of wires without notice; penalty

c. 166, § 40. Removal of wires without notice; penalty Section 40. Whoever wilfully cuts, disconnects, removes or otherwise interrupts the use of the wires of any such company, without first giving notice as provided in the preceding section, shall be punished as provided in section thirty-eight.

M.G.L. c. 166, § 41 Removal of wires without notice; exception

c. 166, § 41. Removal of wires without notice; exception Section 41. The two preceding sections shall not apply to any wires attached to poles not erected in compliance with law.

M.G.L. c. 166, § 42 Liability of telegraph company for injury caused by poles, wires or other apparatus

c. 166, § 42. Liability of telegraph company for injury caused by poles, wires or other apparatus Section 42. A telegraph company shall be liable in damages to a person injured in his person or property by the poles, wires or other apparatus of such company. If they are erected upon a public way, the city or town shall not, by reason of anything contained in this chapter or done thereunder, be discharged from its liability, but all damages and costs recovered against it on account of such injury shall be reimbursed by the company owning the poles, wires or other apparatus.

M.G.L. c. 166, § 42A Telecommunication service; fraud; penalty

c. 166, § 42A. Telecommunication service; fraud; penalty Section 42A. Whoever, with intent to defraud, obtains, or attempts to obtain, or aids or abets another in obtaining, any telecommunications services valued less than five thousand dollars by any false representation, false statement, or stratagem, by unauthorized charging to the account of another, by installing or tampering with any facilities or equipment or by any other means, shall be punished by a fine of not more than three thousand dollars or by imprisonment for not more than two and one-half years in a house of correction, or both. Whoever, with intent to defraud, obtains, or attempts to obtain, or aids or abets another in obtaining, any telecommunications services of a value equal to or greater than five thousand dollars by any false representation, false statement, or stratagem, by unauthorized charging to the account of another, by installing or tampering with any facilities or equipment or by any other means, shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than ten years in a state prison, or both. As used in this section, the words ''telecommunication service'' shall include the transmission of intelligence by a community antenna television system licensed pursuant to the provisions of chapter one hundred and sixty-six A.

M.G.L. c. 166, § 42B Fraudulently avoiding charges for telecommunication service; use of equipment, etc.; penalties

c. 166, § 42B. Fraudulently avoiding charges for telecommunication service; use of equipment, etc.; penalties Section 42B. Whoever makes any instrument, apparatus, equipment or device which is designed, adapted or which is used to fraudulently obtain telecommunication service in the manner prohibited by section forty-two A or which is used to conceal, or to assist another to conceal, or from any lawful authority, the existence or place of origin or of destination of any telecommunication; or whoever possesses any such instrument, apparatus, equipment or device with the intent to use or employ the same in violation of this section or section forty-two A, or whoever sells, gives transport, or otherwise transfers to another, or offers to advertisers for sale, any such instrument apparatus, equipment, or device, or any plans or instructions for making or assembling the same, with the intent to use or employ such apparatus, equipment, or device, or to allow the same to be used or employed, for a purpose described in this section or whoever, knowing or having reason to believe that the same is intended to be used, or that said plans or instructions are intended to be used for making or assembling such apparatus, equipment or device, or whoever publishes plans or instructions for making or assembling or using any such apparatus, equipment or device, intending that such be used or employed in violation of this section or section forty-two A, shall be punished by a fine of not more than thirty thousand dollars or by imprisonment in the state prison for not more than fifteen years, or by both. Any instrument, apparatus, device, plans or instructions or publications described in this section may be seized under warrant or incident to a lawful arrest, and, upon the conviction of a person for a violation of this section, such instrument, apparatus, device, plans, instructions or publication may be destroyed as a contraband by the sheriff of the county in which such person was convicted. As used in this section, the words ''telecommunication service'' shall also include the transmission of intelligence by a community antenna television system licensed pursuant to the provisions of chapter one hundred and sixty-six A.

M.G.L. c. 166, § 43 Owners and associations subject to chapter

c. 166, § 43. Owners and associations subject to chapter Section 43. Owners and associations engaged in the business specified in section twenty-one although not incorporated shall be subject to this chapter so far as applicable.

M.G.L. c. 166, § 44 Service observing; interception

c. 166, § 44. Service observing; interception Section 44. Service Observing, Interception.—Service observing of telephone lines conducted by telephone companies for the purpose of determining the quality of transmission or for any other purpose shall cease as soon as a connection is established between the users of the telephone line. Notwithstanding any other law, the line of any subscriber of a telephone company shall not be monitored by a telephone company for the purpose of service observing or random monitoring, if he shall so request in writing to the telephone company. Any subscriber may seek an injunction in the superior court to prevent such service observing or random monitoring. The department of telecommunications and cable shall require that each telephone company file annually with it a complete report of all service observing activity carried on by any telephone company including the number of calls monitored during the previous calendar year, all rules and regulations of the telephone companies for such service observing, a complete description of the location of each service observing facility, for each past calendar year the number of employees engaged in service observing and a statement of the expenses incurred for such service observing to include salaries, cost of capital equipment and maintenance and replacement costs of such equipment, and administrative expenses incurred. The department shall also conduct periodic inspections at least semiannually of such service observing to determine whether or not it complies with this section and the accuracy of the reports filed. In the event of the failure of any telephone company to comply with this section the department of telecommunications and cable must order that the activity cease until compliance is obtained and may seek an enforcement order in the Superior Court of Suffolk County.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter166Fetched: 10/20/2026