220 CMR, § 45.02

Current through Register 1536, December 6, 2024
Section 45.02 - Definitions

As used in 220 CMR 45.00, except as otherwise required by the context.

Attachment. Any wire or cable for transmission of intelligence by telegraph, wireless communication, telephone or television, including cable television, or for the transmission of electricity for light, heat, or power and any related device, apparatus, appliance or equipment installed upon any pole or in any telegraph or telephone duct or conduit owned or controlled, in whole or in part, by one or more utilities. "Duct" and "conduit" is not limited to "telegraph" or "telephone" ducts and conduits.

Complainant. A licensee or a utility who files a complaint.

Complaint. A filing by either a licensee or a utility alleging that it has been denied access to a pole, duct, conduit, or rights-of-way owned or controlled, in whole or in part, by one or more utilities in violation of 220 CMR 45.00, and/or alleging that a rate, term or condition for an attachment is not just and reasonable. A complaint shall constitute an initial pleading within the meaning of 207 CMR 1.04(1) and 220 CMR 1.04(1).

Department. The Department of Public Utilities and/or Department of Telecommunications and Cable.

Licensee. Any person, firm or corporation other than a utility, which is authorized to construct lines or cables upon, along, under and across the public ways. For the purposes of 220 CMR 45.02: Licensee, shall also include a municipal lighting plant or cooperative that operates a telecommunications system outside the limits of its service territory pursuant to M.G.L. c. 164, § 47E, but only for those attachments that are outside its service territory.

Respondent. A licensee or a utility against whom a complaint has been filed.

Usable Space. The total space which would be available for attachments, without regard to attachments previously made,

(a) upon a pole above the lowest permissible point of attachment of a wire or cable upon such pole which will result in compliance with any applicable law, regulation or electrical safety code; or
(b) within any telegraph or telephone duct or conduit.

Utility. 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, in whole or in part, for supporting or enclosing wires or cables for the transmission of intelligence by telegraph, telephone or television or for the transmission of electricity for light, heat or power.

Wireless Provider. Any person, firm or corporation other than a utility, which provides telecommunications service.

220 CMR, § 45.02

Amended by Mass Register Issue 1459, eff. 12/24/2021.