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H 3450

An Act to establish municipal access to utility poles located in municipal rights-of-way

194th Legislature (2025-2026) Introduced by John Barrett

Clarifies cost-sharing for make-ready work when municipalities attach to shared-use poles for government use or broadband to unserved areas, speeding municipal broadband rollout.

Accompanied a study order, see H5323
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Bill Summary · H 3450

Summary: H 3450 – An Act to establish municipal access to utility poles located in municipal rights-of-way

Overview

H 3450, introduced February 27, 2025 by Representative John Barrett, III, seeks to expand municipal access to utility poles located in municipal rights-of-way. The bill would add definitions and create cost-sharing rules for make-ready work required when a municipality attaches its facilities to existing shared-use poles, specifically for governmental purposes or to provide broadband service to unserved or underserved areas. The bill is in the 194th Massachusetts General Court (2025-2026) and is under the Committee on Telecommunications, Utilities and Energy. The reporting date has been extended to December 3, 2025.

Purpose and Intent

  • Facilitate municipal use of shared-use poles by clarifying who pays for necessary make-ready work when a municipality attaches its facilities.
  • Support governmental applications and expansion of broadband access to unserved/underserved areas as determined by the Massachusetts Broadband Institute (MBI).

Key Provisions

  • Amends General Laws Chapter 166, Section 22A with two added paragraphs:
    • (j) Defines “Make-ready work” to include rearrangement/transfer of existing facilities, pole replacement, removal of replaced poles, and other changes needed to create space for an additional attachment on a shared-use pole.
    • (k) Defines “Unserved or underserved area” as defined by the Massachusetts Broadband Institute, based on criteria including the percentage of households with broadband access within a municipality or geographic area.
  • Adds a new Section 22J ½ (notwithstanding any contrary law) to allocate make-ready costs:
    • Responsibility for make-ready costs falls on the owner of a shared-use pole and each attaching entity for purposes of:
    • Governmental use consistent with municipal police power, or
    • Providing broadband service to an unserved or underserved area.
    • Defines “shared-use pole” broadly to include poles and structures constructed under Section 24, attachments under Section 25A, and related overhead wires/structures.

Affected Parties and Impacts

  • Municipalities: Can attach to shared-use poles in municipal rights-of-way for government or broadband purposes, with responsibilities for their own make-ready costs.
  • Pole owners and attaching entities (e.g., utilities, telecoms): Responsible for their own make-ready costs when municipalities attach for the specified purposes.
  • Massachusetts Broadband Institute (MBI): Determines which areas are unserved or underserved under the bill’s criteria.
  • Broadband expansion: Aims to accelerate deployment to unserved/underserved areas by clarifying cost responsibility and enabling municipal infrastructure access.

Procedural and Timeline Details

  • Status: Reporting date extended to Wednesday, December 3, 2025.
  • Introduced: February 27, 2025.
  • Committee: Referred to the Committee on Telecommunications, Utilities and Energy; hearings were scheduled (notably June 4 and June 12, 2025).
  • Legislative actions indicate both House and Senate activity, with the related HD 299 replacing the measure in some capacity.

Related Information

  • Related Bill: HD 299 (replaces) is listed alongside H 3450.
  • The bill’s language uses “notwithstanding any general or special law” to ensure the new make-ready cost allocation applies for the specified municipal and broadband purposes.

This bill would primarily affect the cost allocation framework for pole attachments involving municipalities, potentially lowering municipal barriers to distributing services in rights-of-way and expanding access to broadband in underserved areas.

Compiled from official sources — confirm details with the bill’s official record.

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