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 furnish in connection with such replacement facilities only that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the department (hereinafter called the ''utility's service facilities''); provided, however, that the utility shall by its tariff offer to carry its lines up to any structure which is to receive service or a distance of fifty feet from the street, whichever is the lesser; and provided, further, that if any ordinance or by-law adopted pursuant to section twenty-two D so provides, any utility in providing underground replacement facilities for any poles and overhead wires and associated overhead structures shall install customer's service facilities. Underground construction by the utility, or by or on behalf of any municipality, pursuant to any cooperation agreement entered into pursuant to section twenty-two E shall be accomplished in accordance with the rules and regulations authorized by the department, and shall be scheduled so as to be completed at or prior to removal of such poles and overhead wires and associated overhead structures as are being removed.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 166 - Telephone and Telegraph Companies, and Lines for the Transmission of Electricity
Section 3 - Liability of President and Treasurer for Wilful Neglect or Omission
Section 4 - Issue of Stock, Bonds, Coupon Notes and Other Evidences of Indebtedness
Section 5 - Enforcement of Orders of Department Relating to Stocks and Bonds
Section 6 - Improper Issue; Penalty
Section 7 - Increase of Capital Stock; Shareholders' Rights to New Shares
Section 8 - Shares Authorized to Be Sold at Auction; Place of Sale
Section 9 - Issue of Stock or Scrip Before Payment for Shares at Par
Section 10 - Effect of Issue of Stock or Scrip Before Payment for Shares; Liability of Directors
Section 12 - Failure to Make Annual Return; Penalty
Section 12a - Condensed Return of Business and Financial Condition
Section 14a - Enhanced 911 Service
Section 15 - Equal Facilities for Those Connecting With Exchange; Enforcement
Section 15a - Entitlement to Hand Sets as Station Equipment
Section 15b - Sales and Transfers to Similar Corporations
Section 15c - Emergency Calls; Refusal to Yield Party Line; Misrepresentation of Emergency
Section 16 - Receipt and Transmission of Despatches
Section 17 - Rates to Other Telegraph Companies or by Mail
Section 18 - Violations; Penalties
Section 19 - Liability for Negligent Transmission; Claim; Exceptions
Section 20 - Indication of Time Filed and Received on Addressee's Copy
Section 21 - Location of Construction of Electric Transmission Lines
Section 21a - Coming Into Close Proximity to High Voltage Lines
Section 21b - Protection of Overhead High Voltage Lines
Section 21c - Warnings; Operation of Equipment Near High Voltage Lines
Section 21d - Warning Signs; Size; Posting
Section 21e - Notification of Operation Near High Voltage Lines
Section 21f - Exemptions; Definitions
Section 21g - Violations; Penalties; Liability
Section 22 - Consent of Municipal Officers to Construct or Alter Lines
Section 22b - Program for Prohibition or Removal of Overhead Wires
Section 22c - Prohibition and Removal of Overhead Wires; Fines and Penalties
Section 22d - Removal of Overhead Wires; Sequence; Replacement; Fines and Penalties
Section 22e - Cooperative Agreements to Remove Overhead Wires
Section 22f - Notice of Hearing or Ordinance to Remove Overhead Wires
Section 22g - Emergency Erection of Overhead Wires
Section 22h - Underground Construction; Responsibility of Utility
Section 22i - Underground Construction; Customer Service Facilities
Section 22j - Removal of Municipal Equipment From Poles
Section 22k - Extension of Time for Removal
Section 22l - Rate Differential; Adoption of Removal Ordinance
Section 22m - Billing Surcharge; Adoption of Removal Ordinance
Section 22n - Effective Date of Adopting Ordinance
Section 23 - Citizens Establishing and Maintaining Lines
Section 24 - Construction of Lines for Private Use; Privileges of Town; Protection of Lines
Section 25 - Underground Telegraph, Telephone or Television Lines; Regulations
Section 25a - Attachments; Regulation by Department of Public Utilities
Section 26 - Violation of Regulations
Section 27 - Approval by Department of Ordinances or Regulations of Municipality
Section 29 - Persons Entitled to Damages
Section 30 - Regulations Concerning Wires
Section 31 - Fixtures Supporting Wires or Cables; Marking to Show Ownership
Section 32a - Inspector of Wires Working as Electrician; Inspection by Assistant Inspector
Section 33 - Enforcement of Secs. 30 to 32
Section 34 - Poles and Other Structures Used to Support Lines; Protection of Employees and Public
Section 35 - Use of Poles and Other Fixtures for Communication Without Consent of Owner
Section 36 - Marking Name of Corporation Maintaining or Operating on Poles or Other Fixtures
Section 37 - Prescriptive Easements
Section 38 - Intentional Injury or Destruction of Property; Penalty
Section 39 - Temporary Removal of Wires; Refusal of Company to Act
Section 40 - Removal of Wires Without Notice; Penalty
Section 41 - Removal of Wires Without Notice; Exception
Section 42 - Liability of Telegraph Company for Injury Caused by Poles, Wires or Other Apparatus
Section 42a - Telecommunication Service; Fraud; Penalty