Reverse Preemption Roundup: MA Regulators Initiate Rulemaking and Inquiry into Utility Pole Attachment Regulations

The Massachusetts Department of Public Utilities (DPU) and the Massachusetts Department of Telecommunications and Cable (DTC) have initiated a joint rulemaking and inquiry to review and revise the Commonwealth's regulations governing utility pole attachments. Together, the rulemaking and inquiry represent what the Departments describe as the most substantive review of these regulations in more than 40 years.

Scope of the Proposed Revisions to Pole Attachment Regulations

The Departments seek comment on proposed amendments to 220 CMR 45.00, the regulatory framework governing pole attachment and conduit access in Massachusetts. According to the Departments, the revisions are intended to, among other things, establish comprehensive statewide terms and conditions governing applications for and access to utility poles by telecommunications, advanced telecommunications, broadband, and cable television providers. Specifically, the Departments' proposals include modifications to the process for establishing pole attachments in the Commonwealth by adding, among other things:

1. timelines governing the pole access process based upon the number of poles sought in an application;
2. required advance coordination by attachers with utilities, existing attachers, and state and local government authorities that manage, authorize, and/or license work conducted on a public right-of-way;
3. permissible deviations from survey and make-ready timelines by utility pole owners and existing licensees in specific circumstances;
4. attacher self-help remedies using contractors, when timelines are missed, for surveys, and for make-ready work in the communications space, and one-touch make-ready procedures for surveys and simple make-ready work in the communications space;
5. limits on the costs that utilities may impose on new attachers for pole replacements and other work deemed necessary before an attachment can be made;
6. complaint procedures including a 360-day timeline for adjudicating complaints; and
7. annual reporting requirements by utility pole owners.

As proposed, the rules would only extend to utility pole applications filed after the rules' effective date to give utilities sufficient time to update their internal software, processes, training, and procedures and their vendor contracts to ensure compliance.

Related Inquiry Proceeding

In connection with the rulemaking, the Departments also seek comment in a parallel inquiry proceeding, D.P.U. 25-10 / D.T.C. 25-1, on two additional proposals. First, the Departments are proposing an amended and restated memorandum of agreement between the DPU and DTC, which governs the manner in which they jointly regulate and adjudicate pole attachment matters in the Commonwealth. Second, the Departments seek comments regarding dispute resolution mechanisms for pole attachment and conduit access disputes, including whether and to what extent they should adopt accelerated dispute resolution processes like the Rapid Broadband Assessment Team process established by the Federal Communications Commission to facilitate informal resolution of disputes.

Procedural Schedule

The Departments scheduled a virtual public hearing for May 27, 2026. Written comments on the proposed rule changes are due May 12, 2026, and reply comments are due June 11, 2026.

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Davis Wright Tremaine LLP is currently involved in this matter and has extensive experience advising clients on federal, state, and local laws governing pole attachments and communications infrastructure deployment. Please reach out to Maria, Matthew, Marina, or another member of our communications team if you would like assistance evaluating or participating in this Massachusetts rulemaking and the related inquiry. For more insights, you can also sign up for our alerts.