Mass. Gen. Laws » Part I Title XXII Chapter 159
Massachusetts General Laws

Mass. Gen. Laws ch. 159, § 12 (2026)

Services supervised and regulated by department

✓ current as of July 2026
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Section 12. The department shall, so far as may be necessary for the purpose of carrying out the provisions of law relative thereto, have general supervision and regulation of, and jurisdiction and control over, the following services, when furnished or rendered for public use within the commonwealth, except when such services are provided by a municipal lighting plant or cooperative public corporation which provides telecommunications services pursuant to section 47E of chapter 164, and in the exercise thereof, the department shall take cognizance of all applicable transportation plans and programs adopted by the public works commission pursuant to section five A of chapter sixteen, and all persons, firms, corporations, associations and joint stock associations or companies furnishing or rendering any such service or services, in sections ten to forty-four, inclusive, collectively called common carriers and severally called a common carrier:

(a) The transportation or carriage of persons or property, or both, between points within the commonwealth by railroads, street railways, in this chapter called railways, electric railroads, trackless trolleys and ships or vessels in excess of one hundred gross tons using steam or Diesel engine as means of propulsion, including express service and car service carried on, upon or rendered in connection with such railroads, railways, electric railroads, trackless trolleys or ships or vessels in excess of one hundred gross tons using steam or Diesel engine as means of propulsion.

(b) The carriage of passengers for hire upon motor vehicles as provided in chapter one hundred and fifty-nine A, in section seventy A of chapter one hundred and sixty and in section forty-four of chapter one hundred and sixty-one, but only to the extent therein provided.

(c) The operation of all conveniences, appliances, facilities or equipment utilized in connection with, or appertaining to, such transportation or carriage of persons or property or such express service or car service, by whomsoever owned or provided, whether the service be common carriage or merely in facilitation of common carriage.

(d) The transmission of intelligence within the commonwealth by electricity, by means of telephone lines or telegraph lines or any other method or system of communication, including the operation of all conveniences, appliances, instrumentalities, or equipment appertaining thereto, or utilized in connection therewith. The provision of such services by a telecommunications system established and operated pursuant to section 47E of chapter 164 shall be subject to this chapter with respect to customer billing notification and termination, filing of tariffs, interconnection agreements, number pooling and filing of annual reports, to the same extent as privately owned and operated telecommunications systems.

Notes of Decisions
Cited in 5 cases, 1928–2009 · leading case: Wolf v. Dep't of Pub. Utils., 407 Mass. 363 (Mass. 1990).
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Wolf v. Dep't of Pub. Utils., 407 Mass. 363 (Mass. 1990). · cites it 2× “Rather, Wolf maintains that “review is governed by G. L. c. 159, § 12, under which [the department] ‘possesses general supervisory authority over common carriers’ .”
AA Transp. Co. v. Comm'r of Revenue, 907 N.E.2d 1090 (Mass. 2009). “2 See G. L. c. 159, § 12; G. L. c. 159A, §§ 1, 3, 10, 11, 11A; G.”
New England Tel. & Tel. Co. v. Dep't of Pub. Utils., 363 N.E.2d 519 (Mass. 1977). “” 1 NET is made subject to this departmental authority by G. L. c. 159, § 12 (d). The department decided, after a hearing, that the plan I rates for Dimension PBX services are inherently discriminatory because they insulate Dimension PBX customers from cost increases and shift…”
New England Tel. & Tel. Co. v. Dep't of Pub. Utils., 56 A.L.R. 784 (Mass. 1928). “It does not deny that it is engaged in “the transmission of intelligence within the Commonwealth by electricity, by means of telephone lines” and by “the operation of all conveniences, appliances, instrumentalities, or equipment appertaining thereto, or utilized in connection…”
Lebowitz Jewelers Ltd. v. New England Tel. & Tel. Co., 508 N.E.2d 125 (Mass. App. Ct. 1987). “We now recount some background in regard to the regulations that are designed to limit liability and the role that they play in relation to the telephone company.”
— Mass. Gen. Laws ch. 159, § 12(d) — 1 case
Lebowitz Jewelers Ltd. v. New England Tel. & Tel. Co., 508 N.E.2d 125 (Mass. App. Ct. 1987). “We now recount some background in regard to the regulations that are designed to limit liability and the role that they play in relation to the telephone company.”
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