The Department of Public Utilities and the Department of Telecommunications and Cable jointly open a rulemaking, docketed as D.P.U. 26 10/D.T.C. 26-1. Through the rulemaking, the Departments seek comment on proposed revisions to our shared regulations, 220 CMR 45.00: Pole Attachment, Duct, Conduit and Right of Way Complaint and Enforcement Procedures. The Departments open the rulemaking on our own motion pursuant to 47 U.S.C. § 224(c); G.L. c. 164, § 34B; G.L. c. 166, § 25A; 207 CMR 2.00; 220 CMR 2.02; and the current Memorandum of Agreement (“MOA”) originally entered into by the agencies in 2008 to facilitate our shared jurisdiction over double poles, as well as over utility pole and conduit access and enforcement matters. Through the Order and our pending joint inquiry proceeding opened last year, D.P.U. 25 10/D.T.C. 25 1, the agencies also seek further comment on: (1) a draft Amended and Restated MOA to be entered into by the agencies; and (2) potential, non binding alternative dispute resolution (“ADR”) provisions that can be implemented by the Departments.
The Departments will conduct a virtual public hearing on our proposals on Wednesday, May 27, 2026, at 2:00 p.m. The Departments will also accept written comments on our proposals, establishing a Tuesday, May 12, 2026, deadline for initial comments, and a Thursday, June 11, 2026, deadline for reply comments. Additional details about the public hearing and for submitting comments are provided in the Order.
To facilitate proposed revisions by interested stakeholders, in addition to the attached .pdfs, the attached documentation includes Word versions of:
1. Order Attachment B – Clean Regulations (Proposed)
2. Order Attachment C – Regulations Appendix – Timeline Summary Charts (Proposed)
3. Order Attachment E – Draft Amended and Restated MOA
The Departments will be issuing this documentation to different electronic distribution lists.
Additionally, the Department of Public Utilities will be issuing multiple emails with the same information in batches to the various interested stakeholders, to reduce bounce-backs.
For questions relating to this proceeding, please do not hesitate to contact me and the other individuals identified in the attached.
Thank you and regards,
Kerri DeYoung Phillips (she/her)
Senior Counsel and Hearing Officer, Legal Division
Department of Public Utilities
One South Station, 3rd floor
Boston, MA 02110
kerri.phillips [at] mass.gov (kerri[dot]phillips[at]mass[dot]gov)