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2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 514. Annual report

§ 514. Annual report
At the time of filing its annual report under section 22 of this title, each company shall also file with the Commission and the Department the following:
(1) a map sufficiently outlining the company’s service territory and describing its existing plant and any extension and replacements planned for commencement or completion within one year from the close of the preceding calendar year or annual period;
(2) a listing of services, the rate charged for each such service as of the date of the filing of the report, a statement of any changes in any such rates from the preceding calendar year or period, and a statement of the revenues derived from each service during such calendar year or annual period;
(3) a statement of significant changes to be implemented during the current calendar year or annual period in the company’s business structure, operating procedures, and services to be offered;
(4) a copy of the company’s access plan, if any, and a description of its access facilities and services and the use thereof during the preceding calendar year or annual period;
(5) a copy of all written consumer complaints and notations regarding oral and telephonic complaints received during the preceding calendar year or annual period;
(6) a balance sheet, an income statement, a statement of changes in financial condition, and a statement of assets used and useful for the provision of service in Vermont, all as of the close of the preceding calendar year or annual period. (Added 1987, No. 271 (Adj. Sess.), § 14, eff. June 21, 1988.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 515. Acquisition of control of a company subject to the jurisdiction of the Public Utility Commission

§ 515. Acquisition of control of a company subject to the jurisdiction of the Public Utility Commission
(a) No person, corporation, partnership, or unincorporated association shall acquire ownership of greater than 40 percent of the voting securities in a company as defined in subdivision 501(3) of this title subject to the supervision of the Public Utility Commission without the approval of the Commission after due notice and opportunity for hearing and a finding on its part that such acquisition will not be contrary to the public good.
(b) For the purposes of this section, voting security means any stock or security presently entitling the owner or holder thereof to vote in the direction or management of the affairs of a company or any security issued under or pursuant to any trust, agreement, or arrangement whereby a trustee or trustees or agent or agents for the owner or holder of such a security are presently entitled to vote in the direction or management of the affairs of a company.
(c) A specified per centum of the outstanding voting securities of such company means such amount of outstanding voting securities of such company as entitles the holder or holders thereof to cast said specified per centum of the aggregate votes which the holders of all the outstanding voting securities of such company are entitled to cast in the direction or management of the affairs of such company. (Added 1987, No. 271 (Adj. Sess.), § 15, eff. June 21, 1988; amended 1999, No. 157 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 516. Modification by the Commission of cable television tariff requirements

§ 516. Modification by the Commission of cable television tariff requirements
(a) The Commission may modify, reduce, or suspend requirements under sections 225 and 226, subsection 227(a), and section 229 of this title if it finds that provisions of federal law have the effect of substantially preventing the Commission from exercising its authority under those sections to investigate or determine if cable television rates are just and reasonable. In exercising its authority under this section, the Commission may adopt such terms and conditions as it finds reasonable and shall ensure that the remaining requirements under this title will afford the public at least as much protection as the applicable regulatory requirements being suspended or reduced.
(b) When exercising its authority under this section, the Commission may act by rule or, after notice and opportunity for hearing, it may act by order. The modifications, reductions, or suspensions may apply to one or more classes of cable television service provider and may apply differently to each class.
(c) Upon petition of the Department, the Commission shall, and upon its own initiative the Commission may, investigate whether it should reimpose any regulatory requirements which it has modified, suspended, or reduced under this section. If the Commission finds, after notice and an opportunity for hearing, and after considering the factors identified in this section, that the public is not sufficiently protected, the Commission may reimpose any regulatory provisions that the Commission deems necessary. Pending any final order, the Commission may reimpose any regulatory requirements on a temporary basis as it determines is just and reasonable. If the federal government allows states to regulate cable television rates, the Commission shall reimpose any regulatory provisions modified, reduced, or suspended pursuant to this section. (Added 2005, No. 146 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 517. Line extensions

§ 517. Line extensions
(a) A company may enter into agreements under this section with government, nonprofit, or private entities, including projects authorized or affiliated with the Vermont Telecommunications Authority, a municipality or fire district pursuant to 20 V.S.A. § 2601, or a regional aggregation and deployment project, to satisfy cable television line extension requirements.
(b) Upon petition of a company, the Commission shall modify the line extensions that a company would otherwise be required to construct if the company agrees to undertake alternative actions, including the extension of facilities that support alternative technologies for delivering broadband to users. Copies of the petition shall be filed with the Department and the Vermont Telecommunications Authority. The Commission shall approve such alternative methods of satisfying line extension requirements after notice and opportunity for hearing if it finds the petition promotes the general good of the State. In reaching its determination, the Commission shall consider whether the company’s proposal:
(1) is consistent with the activities and initiatives of the Vermont Telecommunications Authority;
(2) is likely to provide broadband access to a greater number of unserved consumers than would the foregone cable television line extension requirements;
(3) supports the expansion of broadband services at prices and service levels comparable to those commonly available throughout the State, but not less than the minimum technical service characteristics required by section 8077 of this title;
(4) provides a fair balancing of the benefits to the public compared to benefits realized by the company; and
(5) the modified line-extension obligations will not unreasonably affect the time at which customers to whom a company would otherwise be obligated to extend cable services will have access to broadband services.
(c) This section shall not apply to line extensions previously identified and planned for construction as of June 9, 2007.
(d) The Commission shall not require a company to overbuild another company, or provide cable television service to locations served by another company or to which another company is required to extend cable television service.
(e) Notwithstanding any other provision of this section, the Commission may require the construction of cable television line extensions when a company receives a bona fide request for service from a reasonable number of verified customers or with reasonable contributions in aid of construction from customers.
(f) Notwithstanding any other provision of this section, the line extension construction obligation for additional miles identified in Paragraph 41 of Comcast Communication’s certificate of public good, granted by the Public Utility Commission, of September 27, 2006, may be modified only with the approval of the Commission. (Added 2007, No. 79, § 5a, eff. June 9, 2007.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 13 - Cable Television Systems › § 518. Retransmission fees; reporting

§ 518. Retransmission fees; reporting
(a) Purpose. The purpose of this section is to provide the Attorney General with information necessary to investigate certain conduct within the cable and broadcast network industries to determine whether unfair methods of competition are occurring in violation of 9 V.S.A. chapter 63.
(b) Reporting. Annually, beginning on January 1, 2015, each commercial broadcasting station doing business with a Vermont cable company shall report to the Attorney General any fees charged for program content retransmitted on the cable network under a retransmission consent agreement entered into pursuant to 47 U.S.C. § 325, for the prior calendar year.
(c) Investigations. The Attorney General may investigate retransmission fees charged by commercial broadcasting stations, pursuant to his or her investigatory powers established under 9 V.S.A. chapter 63.
(d) Public disclosure. The information received by the Attorney General under subsection (b) of this section shall be kept confidential and is exempt from public inspection and copying under the Public Records Act, unless otherwise ordered by a court.
(e) Enforcement. A violation of this section constitutes unfair competition under 9 V.S.A. § 2453.
(f) Rules. The Attorney General may adopt rules he or she deems necessary to implement this section. The rules, as well as any finding of unfair competition with regard to retransmission consent fees, shall not be inconsistent with the rules, regulations, and decisions of the Federal Communications Commission and the federal courts interpreting the Communications Act of 1934, as amended. (Added 2013, No. 190 (Adj. Sess.), § 29, eff. June 16, 2014; amended 2015, No. 41, § 15, eff. June 1, 2015.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 14 - Municipal Utility Acquisition of Facilities and Other Assets › § 601. Definitions

§ 601. Definitions
(a) The following words as used in this chapter shall, unless the context otherwise requires, have the meanings provided in subsection (b) of this section.
(b)(1) “New England power pool agreement,” a contractual agreement between electric utilities that is open to all electric utilities, whether private or governmental, operating in New England, that provides for cooperation and joint participation in developing and implementing a regional bulk power supply of electricity, that constitutes the central dispatching and primary pooling arrangement for electric utilities in the New England states, and that has been permitted to become effective under the Federal Power Act by the Federal Power Commission.
(2) “New England power pool,” is the relationship or organization created by the New England power pool agreement. (Added 1973, No. 167 (Adj. Sess.), eff. March 25, 1974.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 14 - Municipal Utility Acquisition of Facilities and Other Assets › § 602. Authorization

§ 602. Authorization
The City of Burlington and the Village of Lyndonville acting through its board of trustees are, and each municipality singly is, hereby authorized to enter into a New England power pool agreement and to participate within and outside the State of Vermont in the New England power pool created thereby. Any action taken by the City or such board of trustees in connection with entering into or participating in such pool prior to March 25, 1974, shall be deemed to be as effective as if this chapter had then been in effect. (Added 1973, No. 167 (Adj. Sess.), eff. March 25, 1974; amended 1977, No. 275 (Adj. Sess.), § 17, eff. April 12, 1978; 1977, No. 278 (Adj. Sess.), § 1, eff. Feb. 9, 1978.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 14 - Municipal Utility Acquisition of Facilities and Other Assets › § 603. NEPOOL agreement

§ 603. NEPOOL agreement
The New England power pool agreement may provide for, among other things:
(1) the pooling of power;
(2) coordination of planning, construction, and operation and the manner of establishing and enforcing standards and other requirements;
(3) delegation of authority to administrative committees;
(4) amendments of the agreement by vote or other action of the participants or of committees in the manner specified therein, subject to the right of any participant to withdraw in the event of its nonconcurrence with an amendment;
(5) appointment of representatives to act for one or more participants in regard to amendments and other matters;
(6) the allocation of pool expenses among participants;
(7) the provision of new, altered, improved, or enlarged facilities by the participants subject to such proceedings as may be required by law for undertaking or financing any such project;
(8) limitations on other actions by the participants that might be inconsistent with the agreement or might adversely affect its implementation;
(9) arbitration; and
(10) other matters deemed necessary or desirable in order to carry out the purpose of the agreement. (Added 1973, No. 167 (Adj. Sess.), eff. March 25, 1974.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 14 - Municipal Utility Acquisition of Facilities and Other Assets › § 605. Contracts

§ 605. Contracts
Contracts under section 604 of this title may be for a term or for an indefinite period; may provide for the sale or other disposition of byproducts of electric power facilities; and may contain provisions for arbitration, delegation, and other matters deemed necessary or desirable to carry out their purposes. Any party, public or private, desiring to purchase or use byproducts of electric power facilities financed, constructed, or operated under this chapter may enter into contracts therefor for short or long terms. The obligation of the city, village, and town under contracts referred to in this section shall not be included in the debt of the city, village, and town for the purpose of ascertaining its borrowing capacity. (Added 1973, No. 167 (Adj. Sess.), eff. March 25, 1974; amended 1977, No. 278 (Adj. Sess.), § 3, eff. Feb. 9, 1978; 2003, No. 121 (Adj. Sess.), § 96, eff. June 8, 2004.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 14 - Municipal Utility Acquisition of Facilities and Other Assets › § 606. Tenancy in common

§ 606. Tenancy in common
If the City of Burlington, the Village of Lyndonville, or the Town of Rockingham acquires or owns an interest as a tenant in common with one or more other electric utilities in any electric power facilities, the surrender or waiver by any party of its right to partition such property for a period not exceeding the period for which the property is used or useful for electric utility purposes shall not be invalid or unenforceable by reason of the length of such period, or as unduly restricting the alienation of such property. (Added 1973, No. 167 (Adj. Sess.), eff. March 25, 1974; amended 1977, No. 278 (Adj. Sess.), § 4, eff. Feb. 9, 1978; 2003, No. 121 (Adj. Sess.), § 96, eff. June 8, 2004.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 14 - Municipal Utility Acquisition of Facilities and Other Assets › § 607. Consent to application of laws of other states

§ 607. Consent to application of laws of other states
(a) Legislative consent is hereby given to the application of the laws of other states with respect to taxation, payments in lieu of taxes, and the assessment thereof to the City of Burlington, the Village of Lyndonville, or the Town of Rockingham, to the extent that any such municipality acquires or has an interest in an electric power facility, real or personal, situated outside the State or to the extent it owns or operates electric power facilities outside the State pursuant to authority granted in this chapter.
(b) Legislative consent is hereby given to the application of regulatory and other laws of other states and of the United States to the City of Burlington, the Village of Lyndonville, or the Town of Rockingham to the extent it owns or operates electric power facilities outside the State pursuant to authority granted in this chapter.
(c) Any law, municipal bylaw, or ordinance governing contracts awarded by the City of Burlington or the Village of Lyndonville shall not be applicable by reason of the participation of the City of Burlington or the Village of Lyndonville in electric power facilities pursuant to the authority granted in this chapter wherever the City of Burlington or the Village of Lyndonville is not the lead participant. (Added 1973, No. 167 (Adj. Sess.), eff. March 25, 1974; amended 1977, No. 278 (Adj. Sess.), § 5, eff. Feb. 9, 1978; 2003, No. 121 (Adj. Sess.), § 96, eff. June 8, 2004.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 14 - Municipal Utility Acquisition of Facilities and Other Assets › § 608. Bonding authority—City of Burlington

§ 608. Bonding authority—City of Burlington
(a) The City of Burlington, when authorized by a two-thirds vote of all voters present and voting at a meeting called for that purpose, may pledge its credit by issuing the negotiable orders, warrants, notes, or bonds for project costs, or its share of project costs, of electric power facilities authorized pursuant to section 604 of this title. Such project costs may include all costs, whether incurred prior to or after the issue of bonds or notes hereunder, of acquisition, site development, construction, improvement, enlargement, reconstruction, alteration, machinery, equipment, furnishings, nuclear fuel, demolition or removal of existing buildings or structures, including the cost of acquiring any lands to which such buildings or structures may be moved, financing charges, interest prior to and during the carrying out of any project and for a reasonable period thereafter, planning, engineering, financial advisory and legal services, administrative expenses, prepayments under contracts made pursuant to section 604 of this title, the funding of notes issued for project costs as hereinafter provided, and all other expenses incidental to the determination of the feasibility of any project or to carrying out the project or to placing the project in operation.
(b) The obligations shall be issued in accordance with the charter of the City of Burlington relating thereto. The amount of obligations issued for such purpose shall not be considered in computing any debt limit applicable to the City.
(c) The March 6, 1973 vote of the voters of the City of Burlington authorizing and empowering the Burlington City Council to pledge the credit of the City by issuing general obligation bonds or notes in an amount not to exceed $6,000,000.00 for the purpose of acquiring joint ownership interests in four nuclear power plants presently designated as the Connecticut 1979 Nuclear Unit, Pilgrim No. 2, and Seabrook Units No. 1 and No. 2, to be constructed and located in the states of Connecticut, Massachusetts, and New Hampshire is hereby ratified, adopted, and validated in all respects. In addition, any action authorized hereunder taken during the calendar year that commenced January 1, 1974 shall be valid and effective as if this chapter were in effect on January 1, 1974. (Added 1973, No. 167 (Adj. Sess.), eff. March 25, 1974.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 14 - Municipal Utility Acquisition of Facilities and Other Assets › § 609. Village of Lyndonville

§ 609. Village of Lyndonville
(a) The Village of Lyndonville, when authorized as provided in 24 V.S.A. chapter 53, may pledge its credit by issuing its negotiable orders, warrants, notes, or bonds for project costs, or its share of project costs, of electric power facilities authorized pursuant to section 604 of this title. Such project costs may include all costs, whether incurred prior to or after the issue of bonds or notes hereunder, of acquisition, site development, construction, improvement, enlargement, reconstruction, alteration, machinery, equipment, furnishings, nuclear fuel, demolition or removal of existing buildings or structures, including the cost of acquiring any lands to which such buildings or structures may be moved, financing charges, interest prior to and during the carrying out of any project and for a reasonable period thereafter, planning, engineering, financial advisory and legal services, administrative expenses, prepayments under contracts made pursuant to section 604 of this title, the funding of notes issued for project costs as hereinafter provided, and all other expenses incidental to the determination of the feasibility of any project or to carrying out the project or to placing the project in operation.
(b) The obligations shall be issued in accordance with 24 V.S.A. chapter 53 and the charter of the Village of Lyndonville relating to said obligations. The amount of obligations issued for such purpose shall not be considered in computing any debt limit applicable to the Village.
(c) The May 3, 1977 vote of the voters of the Village of Lyndonville authorizing and empowering the Village of Lyndonville Board of Trustees to pledge the credit of the Village by issuing general obligation bonds or notes in an amount not to exceed $3,800,000.00 for the purpose of acquiring joint ownership interests in four power plants presently designated as the Connecticut 1979 Nuclear Unit, Pilgrim No. 2, and Wyman Unit No. 4 and MMWEC Phase I Intermediate Units and located in the states of Connecticut, Maine, and Massachusetts is hereby ratified, adopted, and validated in all respects. In addition, any action authorized hereunder taken during the calendar year that commenced January 1, 1977 shall be valid and effective as if this chapter were in effect on January 1, 1977. (Added 1977, No. 278 (Adj. Sess.), § 6, eff. Feb. 9, 1978.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 14 - Municipal Utility Acquisition of Facilities and Other Assets › § 610a. Authorization of indebtedness

§ 610a. Authorization of indebtedness
(a) A municipality owning and operating a municipal plant and conducting itself as a utility pursuant to chapter 79 of this title, when authorized as provided in 24 V.S.A. chapter 53, subchapters 1 and 2 or municipal charter, may pledge its credit or the net revenues of its municipal plant by issuing negotiable orders, warrants, notes, or bonds for the acquisition of equity ownership in Vermont Transco LLC or Vermont Electric Power Company or both pursuant to subsection 604(e) of this title. In addition, an acquisition of equity ownership may be effected through any instrument permitted under 24 V.S.A. § 1789. Acquisition costs may include all costs, whether incurred prior to or after the issue of bonds or notes relating to the acquisition of equity ownership under this chapter. Acquisition of equity ownership is an improvement as defined in 24 V.S.A. § 1751(3).
(b) The obligations shall be issued in accordance with 24 V.S.A. chapter 53 or municipal charter. The amount of obligations issued for such purpose shall not be considered in computing any debt limit applicable to the municipality.
(c) Any contract entered into and any debt obligation issued under this section for any purpose pursuant to this chapter shall have been issued for an essential government purpose and shall not be deemed to be a pledge of private credit for public benefit nor a delegation of municipal authority, responsibility, or discretion. (Added 2007, No. 83 (Adj. Sess.), § 1, eff. Jan. 28, 2008.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 14 - Municipal Utility Acquisition of Facilities and Other Assets › § 611. Liability of the State; immunity

§ 611. Liability of the State; immunity
No provision of this chapter shall constitute a waiver of sovereign immunity of the State. The State of Vermont shall not be liable for injury to persons or property or loss of life caused by the negligent or wrongful act or omission of the Town of Rockingham or any of the Town’s agents or employees in the maintenance or operation of the hydroelectric facilities specified in subsection 604(d) of this title. (Added 2003, No. 121 (Adj. Sess.), § 98, eff. June 8, 2004.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2501. Town; duties of certain officers

§ 2501. Town; duties of certain officers
As used in this chapter, the word “town” includes an incorporated village or city, and the words “telegraph, telephone, and electric lines or wires” include wires or cables used in conjunction with a cable television system as defined in section 501 of this title. Where powers are given to or duties imposed upon selectboard with reference to a town, the aldermen of a city, or the trustees of a village shall have the same powers and perform like duties in relation to their respective city or village. The powers given or duties imposed by this chapter upon selectboard shall be exercised and performed by the Agency of Transportation in relation to State highways, except those of a regulatory or quasi-judicial nature, which shall be exercised and performed by the Transportation Board. (Amended 1969, No. 167 (Adj. Sess.), § 2, eff. Feb. 10, 1970; 1989, No. 246 (Adj. Sess.), § 30.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2502. Lines of wires along highways; wireless telecommunications facilities; broadband facilities construction; restriction

§ 2502. Lines of wires along highways; wireless telecommunications facilities; broadband facilities construction; restriction
Lines of telegraph, telephone, and electric wires, as well as two-way wireless telecommunications facilities and broadband facilities, may, subject to the provisions of 19 V.S.A. § 1111, be constructed and maintained by a person or corporation upon or under a highway, in such manner as not to interfere with repairs of such highway or the public convenience in traveling upon or using the same. (Amended 1991, No. 175 (Adj. Sess.), § 13, eff. May 15, 1992; 1995, No. 168 (Adj. Sess.), § 3; 2007, No. 79, § 9, eff. June 9, 2007.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2503. Location by Transportation Board or selectboard; notice

§ 2503. Location by Transportation Board or selectboard; notice
When it is inconvenient or inexpedient to erect such wires, agreeably to section 2502 of this title, the Transportation Board, after soliciting the advice of the Agency of Transportation, or the selectboard of the town shall determine upon application where and in what manner such wires shall be erected, giving notice to parties interested or their agents, and shall certify their decision and cause the same to be recorded in the town clerk’s office, and such decision shall be final. (Amended 1989, No. 246 (Adj. Sess.) § 31.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2504. Transportation Board or selectboard may direct and change manner of crossing highway

§ 2504. Transportation Board or selectboard may direct and change manner of crossing highway
The Transportation Board or the selectboard of a town may direct a line of wires to be placed at a greater height or underground where it crosses a street or highway. If a line of wires is erected or maintained upon, under, or across a street or highway, contrary to the direction of the Transportation Board or the selectboard, or is not changed when directed by them, they may remove such line, and recover the expense thereof from the person or corporation using the same in an action on this statute. (Amended 1989, No. 246 (Adj. Sess.), § 31.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2505. Location near residence

§ 2505. Location near residence
When a person objects to the erection of a line of wires along a street or highway in front of his or her residence, he or she may apply to the Transportation Board or the selectboard of the town, who, upon notice and hearing, as provided in section 2503 of this title, shall determine upon what streets or highways the same shall pass, or in what manner, if at all, such objection may be obviated. Such decision shall be final. (Amended 1989, No. 246 (Adj. Sess.), § 31.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2506. Trees not to be injured; exception; penalty

§ 2506. Trees not to be injured; exception; penalty
A tree within a street or highway shall not be cut or injured in constructing, maintaining, or repairing a line of wires, without the written consent of the adjoining owner or occupant, unless the Transportation Board or the selectboard of the town in which the tree is situated, after due notice to the parties and upon hearing, shall decide that such cutting or injury is necessary. A person or corporation cutting or injuring such trees shall pay the damages, if any, awarded on such hearing, before cutting or injuring the trees. A person or corporation that violates a provision of this section shall be fined not more than $50.00 nor less than $5.00 for each tree so cut or injured. (Amended 1989, No. 246 (Adj. Sess.), § 31.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2507. Poles

§ 2507. Poles
A person or corporation owning or operating a line of wires in a city or village shall cause the poles upon which the wires are strung to be kept suitably painted, to the satisfaction of the aldermen of such city or the trustees of such village, if incorporated, and, if unincorporated, to the satisfaction of the Transportation Board or the selectboard of the town in which such village is situated, and shall substitute straight poles in place of crooked ones. (Amended 1989, No. 246 (Adj. Sess.), § 31.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2508. Penalty

§ 2508. Penalty
A person or corporation that neglects or refuses, after 20 days’ notice in writing given by the Transportation Board, a selectboard member, alderman, or trustee, to paint such poles or substitute straight poles for crooked ones, as provided in section 2507 of this title, shall forfeit $100.00 to the State, town, city, or village, to be recovered in an action on this statute. (Amended 1989, No. 246 (Adj. Sess.), § 31.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2509. Selectboard’s powers; expense

§ 2509. Selectboard’s powers; expense
The Agency of Transportation, selectboard, aldermen, or trustees may cause such poles to be painted, and may substitute straight poles in place of crooked ones, and may recover the expense thereof in an action on this statute, in the name of the State or of such town, city, or village against the person or corporation owning or operating such wires or line of wires. (Amended 1989, No. 246 (Adj. Sess.), § 31.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2510. Cemeteries

§ 2510. Cemeteries
The owner or operator of a line of wires shall maintain straight and painted poles upon which such wires are strung, whenever the same pass in front of or along a cemetery, to the satisfaction of the cemetery trustees, or the Transportation Board, or the selectboard of the town, aldermen of the city, or trustees of the village in which such cemetery is located if there are no trustees of such cemetery, and such operator or owner shall substitute straight poles in place of crooked ones. The provisions of sections 2508 and 2509 of this title as to notice, penalty, and procedure, shall apply to and be deemed a part of this section. (Amended 1989, No. 246 (Adj. Sess.), § 31.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2511. Damages; appraisal; payment

§ 2511. Damages; appraisal; payment
When, in the erection of a line of wires, the owner or occupant of lands or tenements sustains or is likely to sustain damages thereby, the Transportation Board or the selectboard of the town, upon notice to parties interested, shall appraise such damages. The same shall be paid before the line is erected, unless petition is made to the Superior Court on the question of damages as provided in section 2512 of this title. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1989, No. 246 (Adj. Sess.), § 31.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2512. Appeal; proceedings

§ 2512. Appeal; proceedings
When either party is dissatisfied with such appraisal of damages, he or she may apply to the Superior Court by petition in the same manner as is provided for a person dissatisfied with the compensation for damages for the laying out or altering of highway, and thereupon similar proceedings shall be had. The line shall not be erected until such cause is finally decided, unless the party erecting the same files with the clerk of the court to which such application is made, before the line is erected, a bond to the other party, with sureties approved by such clerk, conditioned for the payment of such damages and costs as may finally be awarded. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2513. Lines along railroad tracks; wireless and other telecommunications facilities

§ 2513. Lines along railroad tracks; wireless and other telecommunications facilities
(a) A company subject to the jurisdiction of the Public Utility Commission may erect and maintain its telecommunications or electric transmission and distribution lines and facilities along the sides of railroad tracks within the limits of lands owned or held by a railroad on paying reasonable compensation to the railroad. If they cannot agree upon the amount of reasonable compensation, it shall be determined by the Transportation Board which shall ascertain the compensation.
(b) Wireless telecommunications and broadband facilities may be erected and maintained within the limits of lands owned or held by a railroad in the same manner as other utility facilities.
(c) For purposes of this section, “broadband” shall have the same definition as in the rules adopted by the Public Utility Commission for purposes of attachment to utility poles. (Amended 1995, No. 168 (Adj. Sess.), § 4; amended 1997, No. 144 (Adj. Sess.), § 26; 2007, No. 79, § 7, eff. June 9, 2007.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2514. Line to remain property of company

§ 2514. Line to remain property of company
A line erected as authorized in section 2513 of this title shall remain the property of such telegraph, telephone, or electric light company, and shall not pass by sale, transfer, or mortgage made by the railroad corporation, of the lands upon which the line is erected, nor shall the line be liable to attachment or levy of execution against such railroad corporation.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2515. Erecting new lines

§ 2515. Erecting new lines
When a person or corporation is about to erect a line of telegraph or telephone wires, in and along a highway within a town, in and along which a line of poles has already been erected by another person or corporation for a similar purpose, the Transportation Board or selectboard of such town shall have the right to permit and may require the new line to be attached to the poles already standing, as provided in section 2516 of this title. (Amended 1989, No. 246 (Adj. Sess.), § 32.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2516. Expenses; repairs

§ 2516. Expenses; repairs
The Transportation Board or selectboard shall ascertain, as near as may be, the original cost of erecting such line of poles, and shall direct such person or corporation as they may require to use such poles, to pay the owners of the line already erected a fair proportion of such expense, not to exceed one-half the estimated original cost of construction. In no case shall the poles be used until the owners of the new line tender to the original owners of such line of poles the amount so directed. When it is necessary to repair or renew the poles used by two or more persons or corporations, the expense thereof shall be borne equally by the parties using the same. (Amended 1989, No. 246 (Adj. Sess.), § 32.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2517. Notice; copy

§ 2517. Notice; copy
The Transportation Board or selectboard shall give written notice to the proprietors of both the old and new lines of all their requirements in the premises, and shall also lodge a copy of the notice in the town clerk’s office, and its decision shall be final. (Amended 1989, No. 246 (Adj. Sess.), § 32.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2518. Restriction of right to move poles; action

§ 2518. Restriction of right to move poles; action
The proprietors of a line of poles so required to be used by another person or corporation shall not take down or alter the position of such poles without obtaining permission of all parties who may have acquired a right to use the same, or the permission of the Transportation Board or selectboard. A person or corporation injured by a violation of this section may recover the amount of the injury in an action on this statute. (Amended 1989, No. 246 (Adj. Sess.), § 32.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2519. No prescriptive rights

§ 2519. No prescriptive rights
Enjoyment of any length of time of the privilege of maintaining a line of telegraph, telephone, or electric wires, poles, conduits, or other apparatus upon or over the buildings or lands of other persons shall not give a right to the continued enjoyment of such easement or raise a presumption of a grant thereof.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2520. Town lines

§ 2520. Town lines
For their own use, towns may construct telegraph, telephone, and electric lines upon and along the highways and public roads within their limits, subject to the provisions of this chapter so far as the same are applicable.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2521. Private lines

§ 2521. Private lines
The Transportation Board or selectboard may authorize persons, upon such terms as it prescribes and subject to the provisions of this chapter so far as applicable, to construct for private use such lines along the highways of the town. (Amended 1989, No. 246 (Adj. Sess.), § 33.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2522. Transportation Board or selectboard’s control; town’s rights

§ 2522. Transportation Board or selectboard’s control; town’s rights
After the erection of such line, the posts and structures thereof within the highways shall be subject to the regulation and control of the Transportation Board or selectboard, which may at any time require alterations in the location or erection of such poles and structures and may order the removal thereof, having first given the parties notice and an opportunity to be heard. The town may attach wires for its own use to such posts and structures under such terms and conditions as it deems just. (Amended 1989, No. 246 (Adj. Sess.), § 33.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2523. Court may permit line to be attached to standing poles

§ 2523. Court may permit line to be attached to standing poles
Persons desiring to attach a telephone line to poles of a telegraph company may petition the Superior Court of the county in which such line of poles or part thereof is situated, for permission so to do. The court shall appoint three disinterested persons commissioners to make examination and determine whether the request of the petitioner can be granted without injury to the company owning the poles. If, in their judgment, such permission ought to be given, the commissioners shall so report to the court, and state what, in their opinion, would be a fair annual compensation to be paid for such privilege. The court shall render such judgment thereon as it deems just, or for cause shown may reject the report and appoint new commissioners to reexamine and report. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2524. Court may enforce order

§ 2524. Court may enforce order
When, in such cause, it is finally adjudged that the petitioner may attach his or her line to the poles of the telegraph company, if such company hinders or obstructs such use, the compensation decreed to it having been paid or tendered, the court may proceed against it for contempt.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2525. Attachment of wires

§ 2525. Attachment of wires
Telephone wires attached to poles of a telegraph company under the provisions of sections 2523 and 2524 of this title shall be attached and maintained so as not to interfere with the wires already thereon.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2526. Fees of certain officers

§ 2526. Fees of certain officers
When the selectboard members or other officers are called upon to act under the provisions of this chapter, each shall receive his or her necessary expenses and $2.00 a day, to be paid by the party erecting the line of wires or other appurtenances or apparatus.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2527. Penalties; injuries to trees

§ 2527. Penalties; injuries to trees
A person or corporation maintaining or operating a line of wires, that cuts down, mutilates, or injures the trees standing upon the lands of another, or a person or corporation that affixes or causes to be affixed to the property of another, a post, structure, fixture, wire, or other apparatus for telephonic, telegraphic, or other electrical communication, without first procuring the right to do so by application to and determination of the Transportation Board or the selectboard of the town, agreeably to this chapter, or first obtaining the consent of the owner or lawful agent of the owner of such property, shall be fined not more than $100.00. (Amended 1989, No. 246 (Adj. Sess.), § 34.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2528. Injuries to line

§ 2528. Injuries to line
A person who willfully or intentionally injures a wire, post, or other fixture erected or maintained in pursuance of this chapter, or who willfully interferes with the working of the same, or who aids or assists in such offense, shall forfeit to the owner $100.00 to be recovered in an action on this statute and may also be imprisoned not more than five years or fined not more than $500.00, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2529. Loitering upon telephone property; penalty

§ 2529. Loitering upon telephone property; penalty
A person who without right loiters or remains in a telephone central office, a public telephone pay station, or approaches thereto, after being requested to leave by a railroad police officer, sheriff, deputy sheriff, constable, or police officer shall be fined not more than $20.00 nor less than $2.00.
2023 Vermont Statutes › Title 30 - Public Service › Chapter 71 - Telecommunications and Electric Wires and Poles Along Highways, Railroad Tracks, and Cemeteries; Transportation Board and Selectboard Role › § 2530. Telephones in public areas

§ 2530. Telephones in public areas
The selectboard of a town (or the Agency of Transportation in the case of State highways) may upon written application and after notice to adjacent landowners permit the construction, erection, and maintenance of public telephones, telephone booths, and appurtenances thereto within the limits of public highways, sidewalks, parks, and parking areas when consistent with the public interest under such reasonable rules, regulations, and arrangements as it may prescribe. (1961, No. 55, eff. April 4, 1961; amended 1989, No. 246 (Adj. Sess.), § 35.)