PETITION OF:

SECTION 1. Section 3 of Chapter 40A of the General laws, as found in the 2002 Official Edition, is hereby amended by inserting after the last sentence of the second paragraph in line 49 after the words “welfare of the public” the following sentence:—
A provider of commercial mobile radio services or personal wireless services shall not be designated as a public service corporation.

SECTION 2. Chapter 40A of the General Laws is hereby further amended by inserting after section 9C the following sections:—
Section 9D. Zoning ordinances or by-laws adopted or amended pursuant to section 5 of this chapter may not be used to deny the construction and modification of a commercial mobile radio service or personal wireless service facility or communications tower or pole within said city or town. A city or town may, however, use a zoning ordinance or by-law to designate the location, or co-location of such a commercial mobile radio service or personal wireless service facility or communications tower or pole which said city or town finds is in keeping with an established zoning district within said city or town.
Section 9E. When a provider of commercial mobile radio services or personal wireless services seeks to lease, or to purchase real property owned by a governmental body, as defined in section 2 of Chapter 30B of the General Laws, for the construction, or modification, or the co-location of a commercial mobile radio service or personal wireless service facility or communications tower or pole said provider shall follow all of the provisions of said Chapter 30B of the General Laws relative to any such real property disposition.
Section 9F. The owner of any commercial mobile radio service or personal wireless service facility or communications tower or pole shall notify in writing the board of selectmen, in the case of a town, or the mayor, in the case of a city, in which such facility or tower is located at least 60 days prior to the sale of any such facility or tower or pole in any such city or town. At a minimum such written notification shall include who the seller/owner is, and who the purchaser of said facility or tower or pole will be. This section shall not prevent interfamily transfers of the ownership of any such facility, tower or pole.
Section 9G. In any city or town in which a commercial mobile radio service or personal wireless service facility or communications tower or pole already exists, any subsequent request of said city or town by any such provider of commercial mobile radio service or personal wireless service to locate any additional commercial mobile radio service or personal wireless service facility or communications tower or pole shall not be granted by said city or town unless the provider of such commercial mobile radio service or personal wireless service has first exhausted every effort to co-locate any such facility on any existing tower or pole in said city or town, and shall provide proof of such effort in writing to said city or town.
Section 9H. Any obsolete or unused commercial mobile radio service or personal wireless service facility or communications tower shall be removed by, and solely at the expense of, said provider of commercial mobile radio services or personal wireless services or the owner of said facility or communications tower or pole, whichever the case may be, within 12 months of the cessation of operations of said facility or communications tower or pole by such provider.
Section 9I. At the time of submission to a city or town of an application or a permit for the siting, construction, or modification of a commercial mobile radio services or personal wireless services facility, or communications tower or pole, or at the time of the return of a request for proposal thereof when required
by Chapter 30B of the General Laws, a provider of commercial mobile radio services or personal wireless services or the owner of said facility or communications tower or pole, if different from said provider, shall submit along with said application or permit an official written certification which shall have been signed by the Massachusetts Aeronautics Commission indicating that said commercial mobile radio service or personal wireless service facility, or communications tower or pole does not, in the opinion of said Commission, create a hazard to airflight or navigation; that said facility, communications tower or pole shall be properly illuminated with aircraft warning lights prior to the time it becomes operational; that all other existing facilities, communications towers or poles under the control or possession of said provider or owner have also been properly illuminated with such aircraft warning lights; that said provider or owner has presented to the Commission all necessary, accurate and up to date maps, in a form approved by said Commission, of the Commonwealth and of each city or town which shall include the precise location and exact height of any such facility, communications tower or pole; and that such provider or owner has complied with any other applicable provisions of Chapter 90 of the Massachusetts General Laws said Massachusetts Aeronautics Commission may deem necessary.
Section 9J. At the time of submission to a city or town of an application or a permit for the siting, construction, or modification of a commercial mobile radio services or personal wireless services facility, or communications tower or pole, or at the time of the return of a request for proposal thereof when required by Chapter 30B of the General Laws, a provider of commercial mobile radio services or personal wireless services or the owner of said facility or communications tower or pole, if different from said provider, shall submit along with said application or permit proof, in the way of a copy of any and all insurance policies and any amendments thereto, of liability insurance coverage against personal injury or property damage occurring on said property, within or on any structure or communications tower or pole thereon, or caused by any such structure, tower or pole.

SECTION 3. When a provider of commercial mobile radio services or personal wireless services seeks to lease, or to purchase, any state-owned real property for the construction or modification or co-location of a commercial mobile radio service or personal wireless service facility or communications tower or pole, on such state-owned real property, any disposition of said real property shall be in accordance with the provisions set forth in sections 40E–40J, inclusive, of Chapter 7 of the General Laws.