D.P.U. Pole Attachment, Duct, Conduit and Right-of-Way Complaint and Enforcement

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Please note: the official posting place for new meetings is the lighted bulletin board on the side of Town Hall. Agendas are shared online for convenience when possible, and should not be considered complete.

The Department of Public Utilities and the Department of Telecommunications and Cable issued an Order Opening Joint Rulemaking and Further Inquiry on Memorandum of Agreement.   The Departments docketed the rulemaking as D.P.U. 26-10/D.T.C. 26-1 and requested 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 opened the rulemaking 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 agencies’ MOA originally entered into in 2008 to facilitate our shared jurisdiction over double poles, as well as over utility pole and conduit access and enforcement matters.  Pursuant to the Order and our pending joint inquiry proceeding opened last year, D.P.U. 25-10/D.T.C. 25-1, the agencies also requested 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 provisions that could be implemented by the Departments. 

The Departments notified interested stakeholders that we will:  (1) conduct a virtual public hearing on our proposals on Wednesday, May 27, 2026, at 2:00 p.m.; and (2) accept written comments on our proposals, with a Tuesday, May 12, 2026, deadline for initial comments, and a Thursday, June 11, 2026, deadline for reply comments. 

Attached you will find a copy of the Notice of Public Hearing and Request for Comments, the first four pages of which have been published today in the Massachusetts Register and the Boston Herald. 

Details and questions for comment relating to these matters are explained in the Order issued on March 6, 2026, with summary details provided in the attached Notice. A copy of the Order and attachments, proposed regulations, draft Amended and Rested MOA, and Notice, as well as any written comments received by the agencies, will be posted to the DPU’s website at https://eeaonline.eea.state.ma.us/dpu/fileroom/#/dockets (enter “26-10”) and to the DTC’s website at https://services.oca.mass.gov/dtc/frmReleasedCalendar.aspx (enter “26-1”).

The Departments are providing the attached Notice 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 matter, please do not hesitate to contact me and the other individuals identified in the attached Notice.

Thank you and regards,

Department of Public Utilities Approves Reductions to National Grid’s ...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@mass.gov