An Act to Accelerate Private Investment in Maine's Wireless and Broadband Infrastructure
Maine Legislature, Session 122, LD 2080
Committee Amendment CA_A_H1018 (House)
Amends: 5 MRSA §12004-G, 5 MRSA §12004-I, 36 MRSA §2017

COMMITTEE AMENDMENT "A" to H.P. 1471, L.D. 2080, Bill, 
To Accelerate Private Investment in Maine's Wireless 
Broadband Infrastructure" 
"An 
and 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. I. 5 MRSA §12004-G, sub-§33-F is enacted to read: 
33-F. 
Technology 
ConnectME 
Authority 
N.2.t 
35-A 
Authorized 
MRSA 
~ 
Sec. 2. 5 MRSA §12004-I, sub-§8S-A is enacted to read: 
85-A. 
Technology 
ConnectME 
Advisory 
Council 
Not 
35-A 
Authorized 
MRSA 
§RM. 
Sec. 3. 3S-A MRSA c. 93 is enacted to read: 
CHAPTER 93 
ADVANCED TECHNOLOGY INFRASTRUC'J.'ORE 
§9201. 
Short title 
This 
chapter 
may 
be 
known 
and 
cited as 
"the 
Advanced 
Technology Infrastructure Act." 
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COMMITTEE AMENDMENT ,A" to H.P. 1471, L.D. 2080 
§9202. 
Definitions 
As 
used in this chapter, 
unless 
the context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Advanced 
CODIltunj cations 
technology 
infrastructure. 
"Advanced 
communications 
technology infrastructure" 
means 
any 
communications 
technology 
infrastructure 
or 
infrastructure 
improvement that expands 
the deployment of, 
or 
improves the 
guality of, broadband availability and wireless service coverage. 
2. 
Authority. 
"Authority" means the ConnectME Authority 
established in section 9203. 
3. 
Communications service. 
"Communications service" means 
any wireline voice, satellite, data, fixed wireless data or video 
retail service. 
4. 
COlllllUD.ications 
service 
provider. 
"Communications 
service provider" means: 
A. 
Any entity offering communications service to customers 
in the State: or 
B. 
Any facilities-based provider of wireless voice or data 
retail service that voluntarily chooses to be assessed by 
the authority pursuant to section 9211. 
5. 
Unserved or underserved area. 
"Unserved or underserved 
area" means an area that the authority pursuant to section 9204, 
subsection 2, paragraph B determines to meet criteria established 
by the authority by rule adopted pursuant to section 9205, 
subsection 3 in accordance with section 9204, subsection 1. 
§9203. 
CQDDectME Authority 
1. 
Establishment: membership. 
The ConnectME Authority is 
established to stimulate investment in advanced communications 
technology infrastructure in unserved or underserved areas. 
The 
authority is created as a body corporate and politic and a public 
instrumentality of the State. 
The exercise by the authority of 
powers 
conferred 
by this 
chapter is 
considered 
to 
be 
the 
performance of essential governmental functions. 
The authority 
consists of the following 5 voting members: 
A. 
The chair of the Public Utilities Commission or the 
chair's designee: 
B. 
The Chief InformaH,:>n Officer of the State, or the 
officer's designee;. 
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COMMITTEE AMENDMENT ·A" to H.P. 1471, L.D. 2080 
C. 
One 
representative 
of 
consumers. 
appointed 
by 
the 
Governor: and 
D. 
Two members with significant knowledge of communications 
technology. appointed by the Governor. 
Compensation of members is as provided in Title 5. 
section 
12004-G. subsection 33-F. 
2. 
Terms: chair: vacancies. 
All members are appointed for 
3-year terms. 
The Governor shall appoint a chair from among the 
members appointed by the Governor. In the event of a vacancy in 
the membership. the Governor shall appoint a replacement member 
for the remainder of that vacated term. 
Each member of the 
authority serves until that member' s successor is appointed and 
gualified. 
Any 
member 
of 
the 
authority 
is 
eligible 
for 
reappointment. 
3. 
Officers: quorum. 
The authority may elect a secretary 
and 
a 
treasurer. 
who 
may. 
but need not. 
be members of the 
authority. Three members of the authority constitute a guorum. 
and the affirmative vote of 3 members is necessary for any action 
taken by the authority. 
4. 
Participation ~ members. 
A member may participate in a 
meeting of the authority and place 
a 
vote electronically or 
telephonically 
as 
long 
as 
members 
of 
the 
public 
have 
an 
opportunity to listen to the deliberations of the authority and 
otherwise participate in or observe 
the 
proceedings 
of 
the 
authority consistent with Title I. section 405. 
5. 
Indemnification. 
Each member of the authority must be 
indemnified 
by 
the 
authority 
against 
expenses 
actually 
and 
necessarily incurred by the member in connection with the defense 
of any action or proceeding in which the member is made a party 
by reason of being or having been a member of the authority and 
against any final judgment rendered against the member in that 
action or proceeding. 
6. 
Staff. 
At the reguest of the authority. the COmmission 
or 
any 
other state agency with expertise in communications 
services 
or 
advanced 
communications 
technology infrastructure 
shall provide to the authority staff designated by the commission 
or agency. 
Staff resources provided by the commission and other 
agencies may not exceed in total the eguivalent of 3 full-time 
employees. 
The 
salaries 
and 
costs 
of 
such staff must 
be 
allocated proportionately to the authority. 
The authority may 
retain staff in addition to the staff designated and provided by 
the commission or other state.C:lgencies. 
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COMMITTEE AMENDMENT .,l\" to H.P. 1471, L.D. 2080 
§9204. 
Duties of authority 
1. 
Establish criteria defining unserved and UD4erserved 
areas. 
The authority. by rule adopted pursuant to section 9205. 
subsection 3. shall establish criteria to define unserved and 
underserved areas. 
The authority shall establish criteria that 
ensure that an area is not determined to be an unserved or 
underserved area if the effect of that determination would 
inhibit or impede private investment in any area or diminish the 
value of prior investment in advanced communications technology 
infrastructure within any area. 
Criteria established by the 
authority must include but are not limited to whether investment 
is planned in an area within a reasonable time. 
2. 
Enhance coumunications technology infrastructure. 
The 
authority. 
through 
partnerships. 
grants. 
direct 
investment. 
loans. demonstration projects and other apprQpriate means. shall. 
in a competitively neutral fashiQn and without giving preference 
to anyone form of technology over another: 
A. 
Monitor wireless coverage in areas where the authority 
determines the quality of the coverage is inadequate: 
B. 
Determine whether an area is an unserved or underserved 
area: 
C. 
Expand the availability of broadband tQ residential and 
small business customers in unserved or underserved areas: 
D. 
Expand the availability of broadband with bandwidth. 
synchronicity. reliability and security adequate to serve 
business. education and enterprise consumers in unserved or 
underserved areas: 
E. 
Otherwise enhance the State' s communications technology 
infrastructure in unserved and underserved areas: and 
F. 
Cover reasonable administrative costs of the authority. 
3. 
Additional 
duties. 
In 
additiQn 
to 
its 
duties 
established under this chapter. the authority shall: 
A. 
Collect, 
aggregate. 
coordinate 
and 
disseminate 
information and data concerning communications services and 
advanced 
communications 
technology infrastructure in the 
State: 
B. 
Track investment in advanced communications technology 
infrastructure: 
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COMMITTEE AMENDMENT .. A 
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C. 
Continually assess the availability of and need for 
advanced 
communications 
technology 
infrastructure 
in 
unserved or underserved areas within the State: 
D. 
Identify and secure federal and other funding sources 
for broadband or wireless deployment or education: 
E. 
Identify opportunities for coordination among providers, 
consumers 
and 
state 
and 
local 
governmental 
entities, 
including coordination with the statewide emergency radio 
network: and 
F. 
Create and facilitate public awareness and educational 
programs to encourage the use of broadband services. 
4. 
LjlDjtations 
on 
activities 
of 
the 
authority. 
The 
authority may not develop. acquire, fund, coordinate or otherwise 
undertake an,y project or make any grant, direct investment or 
loan under this chapter unless: 
A. The action is taken on behalf of, in partnership with or 
in support of one or more communications service providers 
that 
are 
remitting 
assessments 
to 
the 
authority 
under 
section 9211; and 
B. 
The authority determines that, without the authority's 
action. the installation of adequate advanced communications 
technology infrastructure in an unserved or underserved area 
would not otherwise occur. 
Notwithstanding 
any 
other 
provision 
of 
this 
chapter, 
the 
authority may 
not provide any wireline, wireless, satellite, 
voice, data or video service at retail or wholesale. 
5. 
Public notice and Qll.POrtunity for private investment . 
Prior to 
taking 
any 
action described 
in, 
subsection 4, 
the 
authority shall provide public notice of its intention to take 
the action. 
The authority may not take the action if a service 
provider franchised or certificated to provide a communications 
service to 
the area 
submits 
a 
timely certification to the 
authority that the service provider will commence within 45 days 
and will complete within one year the installation of sufficient 
advanced 
communications 
technology 
infrastructure 
to 
provide 
broadband or wireless service in a manner that would render the 
authority's action unnecessary or redundant. 
§9205. 
General powers 
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COMMITTEE AMENDMENT "p'~, to H.P. 1471, L.D. 2080 
In order to carry out the purposes of this chapter, the 
authority has the following powers with respect to a project 
together with all powers incidental to or necessary for the 
performance of these powers: 
1. 
Power to sue and be sued. 
To sue or initiate or appear 
in any proceeding. 
The authority may be sued on its written 
contracts or in accordance with Title 1. section 409: Title 5, 
chapter 375: or Title 14, chapter 741: 
2. 
Official seal. 
To adopt and have an official seal and 
alter the seal at pleasure: 
3. 
Bylaws: rules. 
To adopt bylaws and any rule necessary 
or useful for carrying out any of the authority's powers or 
duties pursuant to this chapter. 
Rules adopted pursuant to this 
subsection are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A: 
4. 
Acquire real or personal property. 
To acquire real or 
personal property or any interest in real or personal property, 
including rights or easements, on either a temporary or long-term 
basis 
by 
gift. 
purchase, 
transfer, 
foreclosure, 
lease 
or 
otherwise: to improve, hold, sell with or without public bidding, 
assign. lease, rent. encumber, mortgage or otherwise dispose of 
any real or personal property, any interest in real or personal 
property or mortgage interests owned or in its control. custody 
or possession: and to release or relinquish any right. title 
claim, 
lien, interest. 
easement or 
demand, 
however acquired, 
including threat of foreclosure: 
5. 
PrePare and plan projects and facilities. 
To prepare or 
cause to be prepared plans, specifications, designs and estimates 
of costs for the construction and equipment for a project and 
attendant facilities and from time to time to modify or cause to 
be modified those plans, specifications, designs or estimates: 
6. 
Improye and equip project and attendant facilities. 
By 
contract or contracts 
to construct, 
acquire, 
alter, 
repair, 
reconstruct, 
rehabilitate, 
improve 
and 
equip 
a 
project 
and 
necessary and usual attendant facilities: 
7. 
Maintain. 
reconstruct 
and 
o.perate. 
To 
maintain, 
reconstruct and operate, or cause to be maintained, reconstructed 
and operated, a project: 
8. 
Fix 
and collect fees. 
To 
fix 
and 
collect 
fees, 
lease rentals and other charges for the use of a project to 
transmit voice, data or video signals and to provide for the 
adoption of such reasonable and proper rules as may be necessary 
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COMMITTEE AMENDMENT ,,~ to H.P. 1471, L.D. 2080 
to ensure the maximum use at all times of the facilities of any 
project; 
9. 
Provide 
for 
financing or 
refinancing. 
To 
provide 
financing for a project or to provide for refinancing of existing 
indebtedness and for the financing of the project and of other 
necessary and usual attendant facilities; 
10. 
Make 
and execute contracts. 
To 
make 
and execute 
contracts and other instruments and enter into such transactions 
as necessary or convenient for the exercise of the authority's 
powers and functions under this chapter; 
11. 
Agreements: acceptions: contributions: aid: grants. 
To 
enter into agreements with and accept loans. aid. contributions. 
grants and the cooperation or assistance of the United States. or 
any agency of the United States. or of the State or any agency or 
governmental subdivision in furtherance of the purposes of this 
chapter. 
including. 
but not limited to. 
the 
development and 
financing of a project. and to do all things necessary in order 
to avail the authority of those loans. aid. contributions. grants 
and cooperation; 
12. 
Accept aid or contributions. 
To receive and accept 
from any source aid or contributions of money. property. labor or 
other things of value. to be held. used and applied to carry out 
the purposes of this chapter. subject to the conditions upon 
which those grants and contributions are made. including. but not 
limited to. gifts or grants from any department or agency of the 
United States or the State for any purpose consistent with this 
chapter; 
13. 
Insurance. 
To procure insurance against any loss in 
connection with the authority's securities and its property and 
other assets in such 
amounts 
and 
from 
such insurers as it 
considers desirable; 
14. 
Modification 
of 
contract. 
1ease. 
indenture 
or 
agreement. 
To 
consent to any modification of 
any contract. 
lease. indenture or agreement of any kind to which the authority 
is a party; 
15. 
Manage or operate real and personal property. 
To 
manage or operate. or cause to be managed or operated. real and 
personal property. to take assignments of leases and rentals or 
to 
take 
any 
other 
action 
necessary 
or 
incidental 
to 
the 
performance of the authority's duties under this chapter; 
16. 
Lease or rent facilities or egyisgent used to transmit 
voice. data or video signals. 
To lease or rent any facilities or 
Paga 7-LR3122(2) 
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COMMITTEE AMENDMENT "A" to H.P. 1471, L.D. 2080 
equipment 
for 
a 
project 
for 
such 
amounts 
as 
the 
authority 
determines to a communications service provider to further the 
purposes of this chapter, 
as long as the obligation of the 
service provider is considered 
a 
binding contract with 
the 
authority and as long as no liability on account of the authority 
may be incurred beyond the money available for that purpose and 
may be considered a liability of the State: 
17. 
Investments. 
Except as otherwise provided in this 
chapter, 
to invest any 
funds 
not needed for 
immediate 
use, 
including any funds held in reserve, in property or in securities 
in which fiduciaries in the State may legally invest funds: 
18. 
Ap,pearances. 
To appear on the authority's own behalf 
before 
boards. 
commissions. 
departments 
or 
agencies 
of 
a 
municipality or the State Government or the Federal Government: 
19. 
Executive director: other emplqyees. 
To 
employ 
an 
executive director, consulting engineers, architects, attorneys, 
accountants. construction and financial experts and such other 
employees 
and agents as may be necessary in the authority's 
judgment: and 
20. 
All acts granted or implied. 
To do any act necessary 
or convenient to exercise the powers granted in this chapter or 
reasonably implied by this chapter. 
§9206. 
COnnectME Adviso~ Council 
The ConnectME Advisory Council, referred to in this section 
as "the advisory council," is established to advise the authority 
in accordance with this section. 
1. 
~rship. The advisory council is composed of the 
following members: 
A. 
Four members who have experience with issues concerning 
advanced communications technology infrastructure. appointed 
by the Governor: 
B. 
Two members who have experience with issues concerning 
the 
telecommunications 
and 
technology 
infrastructure 
implemented by the State's education community. appointed by 
the Governor: 
C. 
One member who serves on the Maine Telecommunications 
Education Access Fund Advisory Board established by rules 
adopted by the commission, or a successor board, appointed 
by the Governor: 
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D. 
One member from the Maine Technology Institute appointed 
by the Director of the Office of Innovation within the 
Department of Economic and Community Development: 
E. 
One 
member 
representing the Small Enterprise Growth 
Fund. established in Title 10. section 383. appointed by the 
Director of the Office of Innovation within the Department 
of Economic and Community Development: and 
F. 
Up to 2 additional members. appointed by the authority. 
as needed to ensure adequate representation and expertise. 
Compensation of members 
is as 
provided in Title 5. 
section 
12004-1. subsection 85-A. 
2. 
Duties: 
rules. 
The 
advisory council 
shall provide 
advice 
and 
counsel 
to 
the 
authority 
on 
technical. 
policy. 
financial and economic issues. 
The adVisory council shall also 
perform limited functions assigned to it by the authority or as 
provided for by rule adopted by the authority pursuant to section 
9205. subsection 3. 
§9207. 
Collection of data 
Subject to the provisions in this section. the authority may 
collect data 
from 
communications 
service 
providers 
and 
any 
wireless provider that own or operate advanced communications 
technology infrastructure in the State concerning infrastructure 
deployment and costs. revenues and subscribership. 
1. 
Confidential information. 
If the authority. on its own 
or upon request of any person or entity. determines that public 
access 
to 
specific 
information 
about 
COmmunications 
service 
providers in the State could compromise the security of public 
utility systems to the detriment of the public interest or that 
specific information is of a competitive or proprietary nature. 
the authority shall issue an order designating that information 
as 
confidential. 
Information 
that 
may 
be 
designated 
as 
confidential pursuant to this subsection includes. but is not 
limited 
to. 
network 
diagrams. 
The 
authority 
may 
designate 
information as confidential under this subsection only to the 
minimum extent necessary to protect the public interest or the 
legitimate 
competitive 
or 
proprietary 
interests 
of 
a 
communications service provider. 
The authority shall adopt rules 
pursuant to section 9205, subsection 3 defining the criteria it 
will use to satisfy the requirements of this paragraph and the 
types 
of 
information that would satisfy the criteria. 
The 
authority may not designate any information as confidential under 
this subsection until those rules are finally adopted. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A 
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Information designated as confidential under this subsection is 
not a public record under Title 1, section 402, subsection 3. 
2. 
Protection of information. 
A communications service 
provider may request that confidential or proprietary information 
provided to the author ity under subsection 1 not be viewed by 
those members of the authority who 
could gain a 
competitiye 
advantage from yiewing the information. 
Upon such a request. the 
authority shall ensure that the information proyided is viewed 
only by those members of the authority and staff who do not stand 
to gain a 
competitiye adyantage and that there are adequate 
safeguards 
to protect that information from 
members 
of 
the 
authority who could gain a competitive advantage from viewing the 
information. 
Si208. 
Legislative oversight: report to co_ittee 
No later than January 15th of each year. the authority shall 
provide 
a 
report 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction oyer utilities matters that: 
1. 
Budget. 
Includes 
a 
report 
on 
the 
budget 
of 
the 
authority; 
. 
Acti vi ties. 
Documents the activities of the authority. 
including review of applications for funding received by the 
authority; 
3. 
Inyestments. 
Contains a listing of any inyestments of 
money in the ConnectME Fund. as established pursuant to section 
9211. and a tracking of the infrastructure improvements resulting 
from the investments; and 
4. 
Market 
conditions. 
Contains 
an 
analysis 
of 
the 
availability 
of 
communications 
services 
and 
advanced 
communications technology infrastructure. including an analysis 
of 
the 
competitive 
market 
in the 
State 
for 
communications 
services and advanced communications technology infrastructure 
and whether the communications services provided in the State are 
reasonably 
comparable 
to 
services 
provided 
regionally 
and 
nationwide. 
After receiving 
a 
report under this section. 
the joint 
standing committee of the Legislature having jurisdiction over 
utili ties matters may report out legislation relating to the 
authority. 
Si20i. 
Conflicts 
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COMMITTEE AMENDMENT 
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A member 
of 
the 
authority may 
not participate in 
any 
decision on any contract entered into by the authority under this 
chapter if that member has any interest. direct or indirect. in 
any firm. partnership. corporation or association that is party 
to the contract. The interest must be disclosed to the authority 
in writing and must be set forth in the minutes of the authority. 
§9210. 
Actions against authority 
A member of the authority. while acting within the scope of 
this chapter. is not subject to any personal liability resulting 
from the exercise or carrying out of any of the authority's 
purposes or powers. 
§921l. 
ConnectME Fund 
1. 
ConnectME 
Fund 
established. 
The 
ConnectME 
Fund. 
referred to in this section as "the fund." is established as a 
nonlapsing fund administered by the authority for the purposes of 
sUJ?Porting the activities and projects of the authority under 
this chapter. 
2. Assessaent. 
After receiving authorization pursuant to 
Title 5. section 8072 to finally adopt major substantive rules 
under section 9205. 
subsection 3 or after January IS. 
2007. 
whichever 
is 
later. 
the 
authority 
may 
reguire 
every 
communications service provider to contribute on a competitively 
neutral basis to the fund. 
The assessment may not exceed 0.25~ 
of the 
revenue 
received or collected for all communications 
services provided in this State by the communications service 
provider. 
A facilities-based provider of wireless voice or data 
retail service may voluntarily agree to be assessed by the 
authority 
as 
a 
communications 
service 
provider 
under 
this 
subsection. 
3. 
E~licit 
identification 
on 
customer 
bills. 
A 
communications service provider assessed pursuant to subsection 2 
may recover the amount of the assessment from the provider' s 
customers. 
If a provider recovers the amount from its customers. 
it must explicitly identify the amount owed by a customer on the 
customer's bill and indicate that the funds are collected for use 
in the ConnectME Fund. 
§9212. 
Gifts and contributions 
The authority may accept gifts and contributions on behalf 
of the authority for the purpose of designing. 
constructing, 
reconstructing, renovating or acquiring a project. 
Page ll-LR3122(2) 
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COMMITTEE AMENDMENT "A" to H.P. 1471, L.D. 2080 
The authority, in accepting gifts of money, federal funds or 
other types of income, 
shall place this money in a 
special 
account for the purpose for which it is provided. The authority 
may invest the money in accordance with the purposes of this 
chapter, subject to any limitations imposed by the donor. 
§9213. 
Use of revenues 
The revenues derived by the authority from any assessment, 
transfer of funds, lease. assignment. rental agreement or other 
disposition or any other revenue must be used for the purposes of 
this chapter and applied in a competitively neutral fashion and 
without giving preference to anyone form of technology over 
another. 
§9214. Ho franchise feeS 
The authority may not establish or collect a franchise fee 
pursuant to 47 United States Code. Section 542 or Title 30-A, 
section 3008. 
If any tax. fee. charge or assessment or portion 
thereof established by the authority is held by 
a 
court of 
competent jurisdiction to be a franchise fee. the imposition of 
that tax. 
fee. 
charge 
or 
assessment or portion thereof 
is 
unenforceable. 
§9215. Repea1 
This chapter is repealed January 31, 2009. 
Sec. 4. 36 MRSA §2017 is enacted to read: 
§2017. 
Reimbursement of certain taxes re1ating to advanced 
crynmlpications terhno1ogy infrastructure 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
context 
otherwise 
indicates. 
the 
following 
terms 
have 
following meanings. 
the 
the 
A. 
"Advanced communications technology infrastructure" has 
the Same meaning as in Title 35-A, section 9202. 
B. 
"Authority" has the 
sarne meaning as in Title 35-A, 
section 9202. 
C. 
"Qualifying ConnectME zone" means a geographical area 
that is eligible for tax reimbursement under this section 
because the authority has determined that the area is an 
unserved or underserved area. 
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2. 
ReimburSement 
allowed. 
Following final 
adoption of 
rules under 
subsection 7, but in no event earlier than July 1, 
2007, a reimbursement is allowed as provided in this section for 
taxes paid pursuant to this Part with respect to maChinery and 
equipment purchased for use by a person to develop an advanced 
communications 
technology 
infrastructure 
in 
a 
qualifying 
ConnectME zone. 
3. 
Claim for reimbursement. 
A claim for 
reimbursement 
under this section must be filed with the assessor within 3 years 
from 
the 
date 
on 
which 
the 
machinery 
and 
equipment 
was 
purchased. 
The purchaser shall submit the reimbursement claim on 
a form prescribed by the assessor and must include a statement 
from the authority certifying that the maChinery and equipment is 
being 
used 
primarily 
to 
develop 
an 
advanced 
communications 
technology infrastructure in a qualifying ConnectME zone. 
The 
purchaser and the authority shall retain all records pertaining 
to such certification and to the purchases in question for at 
least 6 years. 
The reimbursement claim must be accompanied by 
such additional information as the assessor may require. 
4. 
Reimbursement limit. 
The authority may not certify for 
reimbursement under this section a total amount in excess of 
$500,000 in any state fiscal year. 
. .. Audit. 
The assessor may audit any claim filed under 
this section. 
If the assessor determines that the amount of the 
claimed 
reimbursement 
is 
incorrect, 
the 
assessor 
shall 
redetermine the claim and notify the claimant in writing of the 
redetermination. 
If the claimant has received reimbursement of 
an 
amount 
that the 
assessor concludes should not have been 
reimbursed, the assessor may issue an assessment for that amount 
within 3 years from the date the reimbursement claim was filed or 
at any time if a fraudulent reimbursement claim was filed. 
The 
claimant may seek reconsideration pursuant to section 151 of the 
redetermination or assessment. 
6. 
Papent of c1aims. 
Within 30 days after receipt of a 
properly completed claim under this section, the assessor shall 
inform the State Controller of the certified amounts that are to 
be reimbursed to the claimant. 
The State Controller shall make 
the reimbursement and shall account for and pay it as a sales and 
use tax refund. Interest is not allowed on any payment made to a 
claimant pursuant to this section. 
7. 
Rulemating. 
The 
authority in cooperation with the 
assessor shall develop rules as necessary to administer this 
section. 
Rules 
adopted pursuant 
to this section are major 
substantive rules as defined in Title 5, chapter 375, subchapter 
COMMITTEE AMENDMENT 
.... s.:. 
~-
$-:: 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1471, L.D. 2080 
8. 
Repeal. 
This section is repealed January 31. 2009. 
Sec. S. Staggered terms. 
Notwithstanding the Maine Revised 
Statutes, Title 35-A, section 9203, subsection 2, for the initial 
appointments 
to the 
ConnectME 
Authority, 
the 
Governor 
shall 
appoint one member for a one-year term, one member for a 2-year 
term and one member for a 3-year term. 
Sec. 6. Temporary transfer of funds authorized. 
For purposes of 
funding activities of the ConnectME Authority under the Maine 
Revised Statutes, Title 35-A, chapter 93, the Public Utilities 
Commission may, upon request of the authority, transfer to the 
ConnectME Fund, established pursuant to Title 35-A, section 9211, 
up to $500,000 of previously collected but unallocated funds held 
by the commission in the universal service fund pursuant to Title 
35-A, 
section 7104. 
The authority may not request and the 
commission 
may 
not 
undertake 
any transfer of 
funds 
to 
the 
ConnectME Fund under this section until the authority receives 
authorization pursuant to Title 5, section 8072 to finally adopt 
major 
substantive 
rules 
under 
Title 
35-A, 
section 
9205, 
subsection 
or until after January 15, 
2007, 
whichever is 
later. 
Once 
the 
authority 
has 
collected 
$500,000 
in 
the 
ConnectME Fund through assessments collected pursuant to Title 
35-A, section 9211, the authority shall transfer to the universal 
service fund an amount equal to the amount transferred from the 
universal service fund to the authority under this section. 
Upon 
receipt of the transfer into the universal service fund, 
the 
commission shall ensure the return of the funds to ratepayers by 
amending the quarterly assessments made pursuant to Title 35-A, 
section 7104. 
Sec. 7. Submission of plan; authority to report out legislation. 
No 
later than January 31, 2008, the ConnectMe Authority, established 
under the Maine Revised Statutes, Title 35-A, section 9203, shall 
submit to the joint standing committee of the Legislature having 
jurisdiction 
over 
utilities 
matters 
a 
plan, 
together 
with 
necessary implementing legislation, providing for the winding up 
of the authority's affairs, the disposition of assets and other 
matters pertaining to the affairs of the authority. 
The joint 
standing committee of the Legislature having jurisdiction over 
utilities matters shall report out legislation to the Second 
Regular 
Session of the 
123rd Legislature providing 
for 
the 
winding up of the authority's affairs or the repeal of Title 
35-A, section 9215.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1471, L.D. 2080 
SUMMARY 
This amendment replaces the bill. 
Much of the substance of 
the bill is retained. 
The amendment: 
1. 
Changes 
the 
name 
of 
the 
Advanced 
Technology 
Infrastructure Authority and the Advisory Council on Advanced 
Technology 
Investment 
to 
the 
ConnectME 
Authority 
and 
the 
ConnectME 
Advisory Council, 
respectively, 
and clarifies that 
members of each are not entitled to compensation for their work 
on the authority or the council; 
2. 
Provides 
that 
the 
chair 
of 
the 
Public 
Utilities 
Commission 
and 
the 
Chief 
Information 
Officer 
may 
appoint 
designees to serve on their behalf on the authority; 
3. 
Provides that the Director of the Office of Innovation 
within the Department 
of 
Economic 
and 
Community 
Development 
appoint the members of the advisory council representing the 
Maine Technology Institute and the Small Enterprise Growth Fund; 
4. 
Limits the authority of the 
ConnectME Authority to 
undertake projects. 
These limits are designed to ensure that the 
projects are only undertaken in an unserved or underserved area 
and that advanced communications technology infrastructure would 
not otherwise be provided in the area without the assistance of 
the authority. 
The authority is also prohibited from providing 
communications 
services 
or 
wireless 
services 
at 
retail 
or 
wholesale; 
5. 
Removes 
the 
provision 
of 
the 
bill 
providing 
for 
perpetual 
succession of 
the 
authority 
and 
repeals 
all 
the 
prov~s~ons relating to the authority on January 31, 
2009. 
It 
directs the authority to submit a year prior to that date a plan 
with implementing legislation for winding up its affairs; 
6. 
Adds to the authority's reporting requirements that the 
authority report annually on the availability of communications 
services and advanced communications technology infrastructure as 
well as market conditions in the State; 
7. 
Expressly prohibits the authority from collecting cable 
franchise fees; 
8. 
Limits the authority's ability to designate information 
4.6 
as 
confidential 
and 
requires 
the 
authority 
to 
adopt 
major 
substantive rules regarding confidentiality; 
Page l5-LR3l22(2) 
COMMITTEE AMENDMENT 
<- ~' • 
~~ .... 
COMMITTEE AMENDMENT .. Ii .. to H.P. 1471, L.D. 2080 
9. 
Authorizes the authority to use the services of up to 3 
full-time 
employees 
from 
agencies 
with expertise in matters 
relating to the purposes of the authority; 
10. 
Allows the authority to use up to $500,000 from the 
state universal 
service 
fund 
but requires 
the 
authority to 
reimburse the fund. These funds are not made available to the 
authority until it receives authorization to finally adopt its 
governing rules, which are major substantive rules; 
11. 
Establishes an assessment on communications service 
providers 
to 
fund 
providers may choose 
to partner with the 
is delayed, however, 
to finally adopt its 
rules; and 
the 
authority. 
Facilities-based wireless 
to be assessed and thereby become eligible 
authority in its projects. 
This assessment 
until the authority receives authorization 
governing rules, which are major substantive 
12. 
Makes a variety of technical changes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04112/06 ~ae 
LD2080 
LR 3122(02) 
An Act to Accelerate Private Investment in Maine's Wireless and Broadband Infrastructure 
Fiscal Note for BiII as Amended by Committee Amendment ,{t" 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
2005·06 
$0 
$0 
$0 
2006·07 
$0 
$0 
$0 
Projections 
2007·08 
$474,000 
($474,000) 
($26,000) 
Projections 
2008·09 
$474,000 
($474,000) 
($26,000) 
This legislation will reduce Sales and Use Tax revenue by up to $500,000 beginning in fiscal year 2007-08. It 
establishes a ConnectMe Authority to be governed by a five member board. The authority is authorized to receive up 
to $500,000 of previously collected but unallocated funds within the Maine Universal Service Fund as start up funds 
but requires the authority to reimburse the fund for this one-time advance. It also establishes an assessment on 
communications service providers to fund the authority's operations and to pay back the universal services fund. The 
increase in revenue to the ConnectMe fund as a result of the proposed assessment can not be determined at this time 
and is contingent on the promulgation of major substantive rules. 
The legislation also stipulates that the Public Utilities Commission or any other state agency including the Governor's 
Office shall provide staff of up to 3 full-time positions as designated by the commission or agency. The authority may 
also retain additional staff if required, including an executive director. The Public Utilities Commission anticipates 
that they have the resources available to provide staff support to the Authority in fiscal year 2006-07. The future 
availability of commission staff resources during the next biennium can not be determined at this time. 
The additional costs associated with serving on the ConnectME Authority by the Chief Information Officer and the 
Chair of the Public Utilities Commission can be absorbed utilizing existing budgeted resources. The additional costs 
associated with serving on the ConnectME Advisory Council by a member of the Maine Technology Institute and a 
member representing the Small Enterprise Growth Fund can be absorbed utilizing existing budgeted resources. 
LR3122(2) - Fiscal Note - Page 1 of 1