§ 35-A §2524 — Municipal access to poles

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Access to poles; make-ready requirements.
Notwithstanding any provision of law to the contrary, for the purpose of safeguarding access to infrastructure essential to public health, safety and welfare, an owner of a shared-use pole and each entity attaching to that pole is responsible for that owner's or entity's own expenses for make-ready work to accommodate a municipality's attaching its facilities to that shared-use pole:
3.
(TEXT EFFECTIVE UNTIL 10/1/28) (TEXT REPEALED 10/1/28) Insurance requirements.
The owner of a shared-use pole may require a municipality, as a condition of the municipality's attachment to the owner's shared-use pole, to purchase and maintain a general liability insurance policy meeting the pole owner's insurance requirements. The pole owner may not require that the general liability insurance have a coverage limit in excess of $5,000,000 per occurrence. In accordance with Title 14, section 8116, if the limits provided in the insurance policy are in excess of the limit imposed by Title 14, section 8105, the limits in the policy will replace the limit imposed by Title 14, section 8105 and if the insurance policy provides coverage in areas where the municipality is immune, the municipality is liable in those substantive areas but only to the limits of the insurance coverage.

Legislative History

PL 2019, c. 127, §1 (NEW). PL 2023, c. 313, §1 (AMD).