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H 3478

Mental Health in Schools Act

2025-2026 Regular Session Introduced by Gilda Cobb-Hunter and 1 co-sponsor

Requires open-access broadband on new infrastructure and streamlines permitting to speed deployment, ensuring fair, cost-based access for all providers (public, private, nonprofit).

Referred to Committee on Education and Public Works
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Bill Summary · H 3478

Summary of H.3478: An Act to streamline broadband permitting and ensure equitable access to infrastructure

Overview

H.3478 proposes a comprehensive set of reforms to accelerate broadband deployment in Massachusetts by promoting open access networks, streamlining permitting, and ensuring fair, non-discriminatory access to critical infrastructure. The bill adds a new Section 25C to Chapter 166 and establishes standards, timelines, and enforcement mechanisms to support open, competitive deployment across public, private, and nonprofit providers.

Key Provisions

Definitions

  • Broadband infrastructure: Poles, conduits, manholes, wireless systems, and related facilities.
  • Open access network: Infrastructure shared by multiple service providers to promote competition and lower deployment costs.
  • Covered infrastructure: Essential facilities for deployment (e.g., poles, conduits, manholes).
  • Legacy right-of-way agreement: Pre-existing exclusive-use rights.
  • Broadband provider: Any entity deploying broadband services (public, private, nonprofit).

Commonwealth Priority for Open Access Networks

  • The Commonwealth prioritizes open access models and funding will require open access for newly constructed infrastructure.
  • Public or nonprofit providers operating open access networks receive priority for state funding and access to covered infrastructure.

Non-Discriminatory Access

  • Owners of covered infrastructure must grant fair, timely access for installation, maintenance, and operation.
  • Access requests must be decided within 30 days; denials require written justification and feasible alternatives.
  • Access fees must be cost-based and transparent, with fees standards set by the Department of Telecommunications and Cable (DTC) within 180 days.

Streamlined Permitting

  • Permitting authorities must process standard broadband projects within 45 days; 30 days for underserved or historic districts.
  • A standardized statewide permitting process will be adopted to streamline deployment.

One-Touch Make-Ready (OTMR)

  • Pole owners must allow OTMR work to be performed in a single coordinated operation.
  • OTMR must comply with the National Electrical Safety Code (NESC) and state safety rules.
  • The DTC will maintain a public registry of qualified OTMR contractors.

Dig Once Policy

  • Municipalities and state agencies may require empty conduits to be installed during major excavations.
  • Broadband providers must be notified of planned excavations at least 90 days in advance.

Enforcement and Compliance

  • The DTC enforces the section and may impose fines up to $25,000 per violation per day.
  • Denied access or unreasonable permitting delays may be appealed to the DTC, with a 30-day resolution timeline.

Reporting Requirements

  • The DTC must file an annual report on deployment progress, open access implementation, funded projects, and enforcement actions.

Effective Date

  • Provisions take effect 90 days after enactment.

Who Is Affected

  • Municipalities, private utilities, telecommunications companies, and broadband providers (including public and nonprofit entities); contractors and the DTC; state and local permitting authorities.

Legislative Status and Timeline

  • Introduced: February 27, 2025; referred to the Telecommunications, Utilities and Energy committee; Senate concurred.
  • Hearing: Scheduled for May 6, 2025.
  • Reporting date extension: The reporting deadline has been extended to Wednesday, December 3, 2025.
  • Related bill: HD 1708 (replaces).

This bill aims to reduce barriers, lower costs, and accelerate broadband access while ensuring open, competitive use of infrastructure.

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

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