An Act To Ensure Equal Treatment of Telecommunications Customers under Maine's Universal Service Fund
Maine Legislature, Session 121, LD 0843
Committee: Utilities and Energy
Sponsors: RINES, DAGGETT, BERRY, BLISS, DUNLAP, GERZOFSKY, NORBERT
Amends: 35-A MRSA §7104

Legislative Document 
No. 843 
H.P.620 
House of Representatives, February 20, 2003 
An Act To Ensure Equal Treatment of Telecommunications 
Customers under Maine's Universal Service Fund 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative RINES of Wiscasset. 
Cosponsored by President DAGGETT of Kennebec and 
7r/~/h.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERRY of Belmont, BLISS of South Portland, DUNLAP of Old Town, 
GERZOFSKY of Brunswick, NORBERT of Portland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec!. 35-A MRSA §7104, sub-~3. as amended by PL 1999, c. 60, 
§l, is further amended to read: 
3. 
Authority_ 
The 
commission 
shall 
adopt 
rules 
to 
implement this section and may require providers of intrastate 
telecommunications services to contribute to a state universal 
service fund to support programs consistent with the goals of 
applicable 
provisions 
of 
this 
Title 
and 
the 
federal 
Telecommunications Act of 1996, Public Law 104-104, 
Stat. 
56. 
Prior 
to 
requiring 
that 
providers 
of 
intrastate 
telecommunications 
services 
contribute 
to 
a 
state 
universal 
service fund, the commission shall assess the telecommunications 
needs of the State's consumers and establish the level of support 
required to meet those needs. 
If the commission establishes a 
state 
universal 
service 
fund 
pursuant 
to 
this 
section, 
the 
commission shall contract with an appropriate independent fiscal 
agent that is not a state entity to serve as administrator of the 
state universal 
service 
fund. 
Funds 
contributed to 
a 
state 
universal service fund are not state funds. 
Rules and any state 
universal service fund requirements established by the commission 
pursuant to this section must: 
A. 
Be reasonably designed to maximize federal assistance 
available to the State for universal service purposes; 
B. 
Meet 
the 
State's 
Telecommunications Act of 
Stat. 56; 
obligations 
under 
the 
federal 
1996, Public Law 104 
104, 
llO 
C. 
Be 
consistent 
with 
the 
Telecommunications Act of 1996, 
Stat. 56; 
D. 
Ensure that any requirements 
a 
state universal 
service 
fund 
competitively neutral; 
goals 
of 
the 
Public Law 104 
federal 
104, 
llO 
regarding contributions to 
be 
nondiscriminatory 
and 
E. 
Require explicit identification on customer bills of 
contributions 
to 
any 
state 
universal 
service 
fund 
established pursuant to this section; and 
F. 
Allow 
consideration 
in 
appropriate 
rate-making 
proceedings of contributions to any state universal service 
fund established pursuant to this section. 
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under this subsection are routine technical rules 
Title 5, chapter 375, subchapter ±±-A 2-A. 
SUMMARY 
Rules 
adopterl 
as defined in 
This bill remo"€s the requirement that customers of mobile 
carriers contribute financially to Maine's universal service fund 
from which they are not entitled to receive money.