The Commonwealth of Massachusetts

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DEVAL L. PATRICK GOVERNOR TIMOTHY P. MURRAY LIEUTENANT GOVERNOR

Executive Department State House  ·  Boston 02133 (617) 725-4000

June 4, 2008.

To the Honorable Senate and House of Representatives:

I am filing for your consideration the attached legislative proposal, entitled “An Act Regarding the Department of Telecommunications and Cable.”

   On April 11, 2007, Chapter 19 of the Acts of 2007 became effective, dissolving the former Department of Telecommunications and Energy (“DTE”), and creating in its place the Department of Public Utilities and the Department of Telecommunications and Cable (“DTC”). 

   This bill makes technical corrections that update remaining statutory references to DTE, which no longer exists, with references to DTC as the agency responsible for telecommunications and cable matters.

   I urge your prompt and favorable consideration of this bill to make the General Laws more clear and accessible to the public.

Respectfully submitted,

                                                                                       DEVAL L. PATRICK,

                                                                                       Governor.

The Commonwealth of Massachusetts

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In the Year Two Thousand and Eight.

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An Act REGARDING THE DEPARTMENT OF TELECOMMUNICATIONS AND CABLE.

        Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.  Section 18D of chapter 6A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 46, the words "telecommunications and energy" and inserting in place thereof the following words:- telecommunications and cable.

   Section 18E of said chapter 6A, as so appearing, is hereby amended by striking out, in line 3, the words "telecommunications and energy" and inserting in place thereof the following words:- telecommunications and cable.

   Section 18F of said chapter 6A, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "telecommunications and energy" and inserting in place thereof the following words:- telecommunications and cable.

   Section 18F of said chapter 6A, as so appearing, is hereby further amended by striking out, in line 6, the words "telecommunications and energy" and inserting in place thereof the following words:- telecommunications and cable.

   Section 18H ½ of said chapter 6A, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "telecommunications and energy" and inserting in place thereof the following words:- telecommunications and cable.

   Section 18H ½ of said chapter 6A, as so appearing, is hereby further amended by striking out, in line 8, the words "telecommunications and energy" and inserting in place thereof the following words:- telecommunications and cable.

   Section 18H ½ of said chapter 6A, as so appearing, is hereby further amended by striking out, in line 18, the words "telecommunications and energy" and inserting in place thereof the following words:- telecommunications and cable.

SECTION 2.  Section 3(b) of chapter 23A, as amended by section 11 of chapter 123 of the Acts of 2006, is hereby amended by striking out, in the third sentence, the words "telecommunications and energy" and inserting in place thereof the following words:- telecommunications and cable.

Section 3(b) of said chapter 23A, as inserted by section 11 of chapter 123 of the Acts of 2006, is hereby amended by striking out, in sixth sentence, the words "chairman of department of telecommunications and energy" and inserting in place thereof the following words:- commissioner of the department of telecommunications and cable.

SECTION 3.  Section 2A of chapter 59, as so appearing, is hereby amended by striking out, in line 55, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

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

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

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

SECTION 6.  Section 24 of chapter 93, as so appearing, is hereby amended by striking out, in line 54, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

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

SECTION 7.  Section 8 of chapter 110C, as so appearing, is hereby amended by striking out, in line 4, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 8.  Section 81R of chapter 112, as so appearing, is hereby amended by striking out, in lines 81 and 82, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 9.  Section 34A of chapter 132, as so appearing, is hereby amended by striking out, in lines 12 through 15, the words "telecommunications and energy after public hearing to be required by public necessity or convenience for telephone, telegraph or electric light or power transmission lines, or pipe lines for natural gas" and inserting in place thereof the following words:- public utilities after public hearing to be required by public necessity or convenience for electric light or power transmission lines or pipe lines for natural gas or found by order of the department of telecommunications and cable after public hearing to be required for public necessity or convenience for telephone or telegraph lines.

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

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

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

SECTION 10.  Section 16 of chapter 132A, as so appearing, is hereby amended by striking out, in lines 14 and 15, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 11.  Section 7 of chapter 141, as so appearing, is hereby amended by striking out, in lines 17 and 18, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 12.  Section 57 of chapter 147, as so appearing, is hereby amended by striking out, in line 18, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 13.  Section 4 of chapter 155, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

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

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

SECTION 14.  Section 16 of chapter 158, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 15.  Section 7 of chapter 166, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words "telecommunications and energy" and inserting in place thereof the following words:- telecommunications and cable.

   Section 8 of said chapter 166, as so appearing, is hereby amended by striking out, in line 9, the words "telecommunications and energy" and inserting in place thereof the following words:- telecommunications and cable.

SECTION 16.  Section 1 of chapter 166A, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "‘Commission’, the commission appointed pursuant to section 2 of chapter 25."

   Section 2 of said chapter 166A, as most recently amended by chapter 19 of the Acts of 2007, is hereby amended by striking out, the first paragraph and inserting in place thereof the following paragraph:- There shall be in the department of telecommunications and cable a division of community antenna television.  Subject to section 4 of chapter 25C, the commissioner of the department shall have all the powers and duties under this chapter, including, but not limited to, presiding at hearings pursuant to section 2A; the right to maintain or intervene in an action pursuant to section 12; the authority to hear appeals and issue enforcement orders pursuant to section 14; the authority to regulate rates pursuant to section 15; the authority to adopt regulations pursuant to section 16; its enforcement powers pursuant to section 17; and all other authority to carry out the duties and responsibilities of this chapter.  Except as otherwise provided in this chapter, appeals taken from the orders of the department shall be taken in the same manner and according to the same procedure as set forth with respect to the department of public utilities in section 5 of chapter 25.

   Section 2 of said chapter 166A, as so appearing, is hereby further amended by striking out the second paragraph.

   Section 2A of said chapter 166A, as so appearing, is hereby amended by striking out, in line 1, the word "director" and inserting in place thereof the following word:- commissioner.

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

   Section 2A of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 8, the word "director" and inserting in place thereof the following word:- commissioner.

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

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

   Section 2A of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 11, the word "director" and inserting in place thereof the following word:- commissioner.

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

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

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

   Section 8 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 5, the word "division" and inserting in place thereof the following word:- department.

   Section 8 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 5, the second occurrence of the word "division" and inserting in place thereof the following word:- department.

   Section 8 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 7, the word "division" and inserting in place thereof the following word:- department.

   Section 8 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 8, the word "division" and inserting in place thereof the following word:- department.

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

   Section 10 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 4, the word "division" and inserting in place thereof the following word:- department.

   Section 10 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 5, the word "division" and inserting in place thereof the following word:- department.

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

   Section 11(c) of said chapter 166A, as so appearing, is hereby amended by striking out, in line 10, the word "division" and inserting in place thereof the following word:- department.

   Section 11(d) of said chapter 166A, as so appearing, is hereby amended by striking out, in line 12, the word "division" and inserting in place thereof the following word:- department.

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

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

   Section 14 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 8, the word "division" and inserting in place thereof the following word:- department.

   Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 12, the word "division" and inserting in place thereof the following word:- department.

   Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 14, the word "division" and inserting in place thereof the following word:- department.

   Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 15, the word "division" and inserting in place thereof the following word:- department.

   Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 18, the word "division" and inserting in place thereof the following word:- department.

   Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 25, the word "division" and inserting in place thereof the following word:- department.

   Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 31, the word "division" and inserting in place thereof the following word:- department.

   Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 32, the word "division" and inserting in place thereof the following word:- department.

   Section 14 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 35, the word "division" and inserting in place thereof the following word:- department.

   Section 15 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 2, the word "division" and inserting in place thereof the following word:- department.

   Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 9, the word "division" and inserting in place thereof the following word:- department.

   Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 13, the word "division" and inserting in place thereof the following word:- department.

   Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 16, the word "division" and inserting in place thereof the following word:- department.

   Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 19, the word "division" and inserting in place thereof the following word:- department.

   Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 20, the word "division" and inserting in place thereof the following word:- department.

   Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 32, the word "division" and inserting in place thereof the following word:- department.

   Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 33, the word "division" and inserting in place thereof the following word:- department.

   Section 15 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 34, the word "division" and inserting in place thereof the following word:- department.

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

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

   Section 16 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 4, the word "division" and inserting in place thereof the following word:- department.

   Section 16 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 7, the word "division" and inserting in place thereof the following word:- department.

   Section 17 of said chapter 166A, as so appearing, is hereby amended by striking out, in line 1, the word "division" and inserting in place thereof the following word:- department.

   Section 17 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 4, the word "division" and inserting in place thereof the following word:- department.

   Section 17 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 5, the word "division" and inserting in place thereof the following word:- department.

   Section 17 of said chapter 166A, as so appearing, is hereby further amended by striking out, in line 9, the word "division" and inserting in place thereof the following word:- department.

SECTION 17.  Section 5 of chapter 167B, as so appearing, is hereby amended by striking out, in lines 76 and 77, the words "telecommunications and energy" and inserting in place thereof the following words:- telecommunications and cable.

   Section 20 of said chapter 167B, as so appearing, is hereby amended by striking out, in lines 54 and 55, the words "telecommunications and energy" and inserting in place thereof the following words:- telecommunications and cable.

SECTION 18.  Section 1 of chapter 182, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunication and cable.

SECTION 19.  Section 32 of chapter 184, as so appearing, is hereby amended by striking out, in lines 95 and 96, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 20.  Section 5 of chapter 187, as so appearing, is hereby amended by striking out, in line 17, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunication and cable.

   Section 5 of said chapter 187, as so appearing, is hereby further amended by striking out, in line 23, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities, or  the department of telecommunications and cable,.

SECTION 21.  Section 76 of chapter 233, as so appearing, is hereby amended by striking out, in line 6, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunication and cable.

SECTION 22.  Section 44 of said chapter 262, as so appearing, is hereby amended by striking out, in line 1, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 23.  Section 6 of chapter 268, as so appearing, is hereby amended by striking out, in line 3, the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities, the department of telecommunications and cable.

   Section 26 of said chapter 268, as so appearing, is hereby amended by striking out, in lines 5 and 6 , the words "telecommunications and energy" and inserting in place thereof the following words:- public utilities or the department of telecommunications and cable.

SECTION 24.  Section 8B of chapter 268A, as so appearing, is hereby amended by striking out, in lines 1 and 2,  the words "department of telecommunications and energy" and inserting in place thereof the following words:- Commonwealth Utilities Commission.

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

SECTION 25.  Section 17B of chapter 271, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "telecommunications and energy" and inserting in place thereof the following words:- the department of telecommunications and cable.

SECTION 26.  Section 1 of chapter 25C, as created by chapter 19 of the Acts of 2007, is hereby amended by inserting after the words "chapter 166", the following words:- and chapter 159.