Massachusetts governor files broadband legislation in preparation for stimulus funding

On April 27, Governor Deval Patrick (D-MA) filed legislation in an attempt to prepare the Commonwealth's bid for federal stimulus funds. The proposed legislation makes changes to the current Massachusetts laws in order to comply with the strict provisions in the American Recovery and Reinvestment Act (ARRA).

Most notably, Governor Patrick's legislation aims to position the state to adhere to ARRA's swift "use it or lose it" deadlines. States that do not meet these deadlines will lose funds, which will then be reallocated to other states.

"This bill builds on our commitment to provide broadband access to all areas of the Commonwealth, and positions the state for long-term economic growth," said Governor Patrick. "This effort will also help streamline state zoning and permitting rules to expedite the availability of this enabling technology."

Patrick's plans attempt to create ease of movement for the Massachusetts Broadband Institute (MBI) by:

• Authorizing MBI to use funds to secure "indefeasible rights of use and federal-government (FCC) spectrum;"
• Designating the proper channels for communications zoning petitions of cable facilities;
• Allowing exemptions for MBI from local by-laws or ordinances provided that it acts for the public good; and
• Authorizing MBI and MassHighway to engage in parallel construction projects.

The state's Secretary of Housing and Economic Development, Gregory Bialecki, articulated the breadth of benefits that broadband can bring to area:

"These changes will...complement Governor Patrick's efforts at the state level to bring affordable, robust and ubiquitous broadband and advanced telecommunication services throughout the Commonwealth, specifically to western Massachusetts where the digital divide is most acute, and will enable continued improvements in our local and regional economies, healthcare, public safety and education."

Governor Patrick files broadband legislation to prepare the Commonwealth for access to federal stimulus funds (Official Website of the Governor)