Chapter 166

Section 1. A telegraph or telephone company shall not commence the construction of its line until three fourths of its capital stock have been unconditionally subscribed for, and at least one half has been paid in in cash; and the directors shall, within ten days after commencing…

Section 10. All certificates of stock or scrip issued in violation of the preceding section shall be void; and the directors of the corporation which issues them shall be liable to a penalty of one thousand dollars each, to be recovered by indictment in any county where any of th…

Section 11. Every telephone or telegraph company doing business in the commonwealth shall annually, on or before March thirty-first or such subsequent date as the department of telecommunications and cable, for good cause shown in any case, may fix, file with said department a re…

Section 12. Any such company neglecting to make the annual return required by the preceding section shall, for the first fifteen days or portion thereof during which such neglect continues, forfeit five dollars a day; for the second fifteen days or any portion thereof, ten dollar…

Section 12A. Every company subject to the requirements of section eleven shall file with the department, with its annual return required under said section, a condensed return of its business and financial condition, in such form and with such detail as the department requires, s…

Section 13. A person owning, controlling or operating a telephone exchange or service in the commonwealth shall, upon application of a telegraph company, furnish such company with the use of telephones and telephone service, and connection with his exchanges, with the subscribers…

Section 14. A person owning, controlling or operating a telephone exchange or service in the commonwealth shall, on application and the tender of the charges or rental usual or customary for the class of service required, without discrimination for the same class of service rende…

Section 14A. (a) In order to establish statewide enhanced 911 service, upon the written request of the state 911 department, established by section 18B of chapter 6A, hereinafter referred to as the department, each telephone company providing local exchange service in the commonw…

Section 15. The supreme judicial or superior court shall have jurisdiction in equity to enforce the two preceding sections.

Section 15A. A telephone company, upon request therefor by a subscriber who has paid to such company, for a period of not less than thirty-six months, an extra charge for the use of a hand telephone set, so called, furnished to him by such company, in lieu of a wall or desk set, …

Section 15B. A corporation organized under the laws of the commonwealth for the transmission of intelligence by electricity or by telephone, whether by electricity or otherwise, hereinafter called the vendor corporation, may, pursuant to a vote of stockholders owning not less tha…

Section 15C. Any person who shall wilfully refuse to yield or surrender the use of a party telephone line to another person for the purpose of permitting such other person to report a fire or to summon police, medical or other aid in case of emergency and any person who shall ask…

Section 15D. No telephone company which has underground wires or cables in a joint trench or other underground location used jointly with an electric company shall require an employee to perform repair work on its wires or cables in any such trench or other such location where en…

Section 15E. (a) As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:— ''Captioned telephone'', an amplified telecommunications device with a text display that permits the user to both listen to what is said over …

Section 16. A telegraph company shall receive despatches from and for other telegraph companies and associations, and from and for any person; and, upon payment of the usual charges for transmitting despatches according to the regulations of the company, shall transmit them faith…

Section 17. A telegraph company shall receive, compute and transmit despatches received at its offices from another telegraph company or by mail, at the same rates of charge as for despatches received for transmission from individuals on the same day and at the same place.

Section 18. A telegraph company which wilfully neglects or refuses to comply with any provision of the two preceding sections shall forfeit not more than one hundred dollars to the company or person who sends or desires to send the despatch.

Section 19. A telegraph company shall be liable for damages to the amount of one hundred dollars actually caused by its negligence, or that of its agents, in transmitting, receiving or delivering telegraphic messages, and any limit of such liability by contract or regulation shal…

Section 2. Such company shall not at any time contract or owe debts to a larger amount than one half of its capital stock actually paid in.

Section 20. Every person engaged in the business of transmitting communications by telegraph in the commonwealth and charging tolls therefor, shall cause to appear plainly upon the addressee's copy of every telegram originating at and destined for a point within the commonwealth,…

Section 21. A company incorporated for the transmission of intelligence by electricity or by telephone, whether by electricity or otherwise, or for the transmission of television signals, whether by electricity or otherwise, or for the transmission of electricity for lighting, he…

Section 21A. No person shall require or permit any employee to operate a crane, power shovel or other such types of construction equipment in close proximity to overhead high voltage lines; nor to enter upon any land, building or other premises to engage in construction work, inc…

Section 21B. The operation or erection of any tools, machinery or equipment, or any part thereof capable of vertical, lateral, or swinging motion; the handling or storage of any supplies, materials or apparatus or the moving of any house or other building, or any part thereof, un…

Section 21C. The owner, agent or employer responsible for the operation of equipment shall post and maintain in plain view of the operator on each crane, derrick, power shovel, drilling rig, hay loader, hay stacker, pile driver, or similar apparatus, any part of which is capable …

Section 21D. Warning signs shall be placed: (1) Within the equipment readily visible to operator of cranes and other equipment when at the controls of such equipment; (2) On the outside of equipment in such number and locations as to be readily visible to mechanics or other perso…

Section 21E. Before any operations are to be performed within six feet of any overhead high voltage lines, the person or persons responsible for the work to be done shall promptly notify the utility or other company owning or operating the overhead high voltage lines. The work sh…

Section 21F. The provisions of sections twenty-one A to twenty-one E, inclusive, shall not apply to the construction, reconstruction, operation and maintenance of overhead electrical conductors and their supporting structures and associated equipment by authorized electrical work…

Section 21G. (a) Whoever violates any of the provisions of sections twenty-one A to twenty-one F, inclusive, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment for not more than one year, or both. (b) If a viol…

Section 22. A company desiring to construct a line for such transmission upon, along, under or across a public way shall in writing petition the board of aldermen of the city or the selectmen of the town where it is proposed to construct such line for permission to erect or const…

Section 22A. As used in this section and in sections 22B to 22M, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:— (a) ''Municipality'', any city or town. (b) ''Department'', the department of telecommunications and energy.…

Section 22B. The planning board of any town, if any, or in a town having no such board, the board of selectmen and the city council of any city or a committee designated and appointed for the purpose by it, may (after completing such preliminary consideration and study, including…

Section 22C. After such report has been filed, the municipality may adopt an ordinance or by-law which shall forbid a utility to install or construct except by way of replacement or upgrading of existing facilities any poles and overhead wires and associated overhead structures u…

Section 22D. After a report has been filed under section twenty-two B, the municipality may adopt an ordinance or by-law which shall require a utility to remove its poles and overhead wires and associated overhead structures which are located upon, along or across any public way …

Section 22E. Any utility organized and existing under the laws of or doing business in this commonwealth and any municipality may enter into, and from time to time amend, and perform a cooperation agreement pursuant to which (a) the utility shall pay to the municipality in each c…

Section 22F. The municipality shall comply with the following provisions with reference to notice: (a) When the planning board, board of selectmen, city council or committee of any municipality calls a public hearing pursuant to section twenty-two B, the clerk of the municipality…

Section 22G. The board of selectmen or city council of any municipality may grant special permission, for such period and on such terms as it may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, constr…

Section 22H. If underground construction is necessary to provide replacement facilities for any poles and overhead wires and associated overhead structures removed pursuant to any ordinance or by-law enacted pursuant to section twenty-two D the utility shall be responsible to fur…

Section 22I. All underground construction and conduits, conductors and associated equipment necessary to receive utility service between the utility's service facilities referred to in section twenty-two H and the service facilities in the building or structure being served shall…

Section 22J. When a municipality adopts an ordinance or by-law pursuant to section twenty-two D, it shall remove its police and fire alarm circuits or any similar municipal equipment at its own expense from all poles required to be removed, and the removal of such circuits shall …

Section 22K. If any act required by an ordinance or by-law adopted pursuant to section twenty-two D cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, or any other circumstances beyo…

Section 22L. If at any time one or more but less than all of the municipalities in which the customers of any one utility are located adopt an ordinance or by-law forbidding new installation of overhead facilities under section twenty-two C, the department of telecommunications a…

Section 22M. In addition to all other rates, charges and fees it may otherwise be authorized to impose and collect any utility shall impose and collect as a capital contribution towards the cost of construction a surcharge of two per cent on its total billing to each customer loc…

Section 22N. Any ordinance or by-law adopted under the provisions of section twenty-two C or section twenty-two D shall become effective on the first day of January next following a date nine months subsequent to the date of its enactment.

Section 23. Selectmen may authorize citizens of the commonwealth to establish and maintain, in their town, poles, wires and other apparatus for telegraphic and telephonic communication, in conformity with this chapter and other laws applicable to telegraph or telephone companies.

Section 24. The selectmen may, upon terms and conditions prescribed by them, and subject to the provisions of this chapter, so far as applicable, authorize a person to construct for private use upon, along and under the public ways of the town telegraph and telephone lines and li…

Section 25. The selectmen may, within their towns, permit telegraph, telephone or television lines to be laid under any public way or place, and may establish reasonable regulations for the erection and maintenance of all lines for the transmission of intelligence by telegraph, t…

Section 25A. The following terms as used in this section shall have the following meanings: ''Utility'', means any person, firm, corporation or municipal lighting plant that owns or controls or shares ownership or control of poles, ducts, conduits or rights of way used or useful,…

Section 26. The selectmen shall forthwith give written notice in detail to the owner, constructor or person using any line constructed or maintained in violation of such regulations; and if thereafter such unlawful construction is continued or if said lines are not within a reaso…

Section 27. No ordinance or regulation of a city or town, or regulation or restriction imposed in a grant of location, affecting the erection, maintenance or operation of a line for the transmission of electricity for light, heat or power extending or intended to extend from some…

Section 28. Any company subject to this chapter, except a telegraph or telephone company, desiring to construct a line for the transmission of electricity which will of necessity pass through one or more cities or towns to connect the proposed termini of such line, whose petition…