An Act Providing for Regulation of the Cable Television Industry by the Public Utilities Commission
Maine Legislature, Session 122, LD 0205
Committee: Utilities and Energy
Sponsors: GERZOFSKY

Legislative Document 
No. 205 
H.P.156 
House of Representatives, January 13,2005 
An Act Providing for Regulation of the Cable Television Industry by 
the Public Utilities Commission 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative GERZOFSKY of Brunswick. 
77l~ 
/J7.7Il~ 
MILLICENT M. MacFARLAND 
Clerk 
Under suspension of the rules, cosponsored by President EDMONDS of Cumberland and 
Representatives: ADAMS of Portland, BURNS of Berwick, CROSBY of Topsham, DUDLEY 
of Portland, DUPLESSIE of Westbrook, LERMAN of Augusta, O'BRIEN of Lewiston, 
PINEAU of Jay, Speaker RICHARDSON of Brunswick, RINES of Wiscasset, SMITH of 
Monmouth, TRAHAN of Waldoboro, TWOMEY of Biddeford, WHEELER of Kittery, 
Senators: BRYANT of Oxford, MAYO of Sagadahoc, PERRY of Penobscot. 
Prmteu on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 35·A MRSA §8301, as enacted by PL 1987, c. 141, Pt. 
A, §6, is amended to read: 
S830l- Public Utilities Commission regulation 
Cable 
television 
companies, 
to 
the 
extent 
they 
offer 
services like those of telephone utili ties subject to regulation 
by 
the 
commission, 
saaJJ--ge are subject to the commission's 
jurisdiction over rates, charges and practices, as provided in 
this Title. 
In accordance with 47 United States Code, Sections 532 and 
543, the commission shall regulate basic service tier rates and 
services provided by any cable system that is not subject to 
effective competition. 
The commission by rule shall establish 
appropriate procedures for conducting the regulation. 
Sec. 2. 35·A MRSA §§8303 to 8306 are enacted to read: 
S0303. 
Service, product or rate change; hearing; complaint 
L 
Hearing and opportunity to comment. 
Prior to increasing 
a rate or changing a service or product, whether proposed by the 
cable 
system operator 
or 
by 
a 
municipality, 
a 
cable 
system 
operator shall: 
A. Notify all affected customers of the proposed increase 01_ 
change at least 120 days prior to the effective date of the 
proposed increase or change to allow customers to provide 
comments; 
B. Hold a public hearing in accordance with this paragraph 
and 
any 
rules 
adopted 
by 
the 
commission. 
The 
public 
hearing must be held at a time and location convenient to 
the customers affected by the proposed increase or change, 
and notice of the hearing must be sent to all customers 
affected by the proposed increase or 
change at least 5 
business days prior to the date of the hearing; 
C. Within 10 days following the public hearing, respond in 
writing 
to 
all 
affected 
customers 
to 
any 
complaints, 
criticisms or proposals raised during the public hearing and 
explain any changes the operator will make as a result of 
the complaints, criticisms or proposals; and 
D. After the hearing but no less than 90 days prior to the 
effective 
date 
of 
any 
increase 
or 
change, 
notify all 
affected customers of the final proposed increase or change. 
Page l-LROl03(1) 
§0304. 
Petition: regulation 
1. 
Petition and review. 
Within 60 days of receiving notice 
of a final proposed increase in a rate or change in a product or 
service pursuant to section 8303, subsection 1, paragraph D, 10 
or more customers affected by the increase or change may file a 
petition with the commission to review the increase or change. 
In 
response 
to 
the petition, 
the 
commission 
may 
review 
the 
increase or change to assess its reasonableness. 
If the petition 
is signed by 25 or more customers, the commission shall review 
the increase or change. 
2. 
Commission review. 
If the commission, 
in its review 
under subsection 1 of a final proposed increase in a rate or 
change in a product or service finds that the increase or change 
is unreasonable or poses an unreasonable hardship on customers, 
the 
commission 
shall 
petition 
the 
Federal 
Communications 
Commission: 
A. 
To 
stay 
the 
unreasonable 
increase 
or 
change 
pending 
review by the Federal Communications Commission; and 
B. To evaluate the commission's findings and recommendations 
on the matter and to direct the cable system operator and, 
as 
applicable, 
the 
franchising 
authority 
to 
revise 
the 
increase 
or 
change 
in 
accordance 
with 
the 
commission'::; 
recommendations. 
S030S. 
Commission rules 
The commission may adopt rules necessary to implement this 
chapter. 
Rules 
adopted pursuant to this chapter are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A._ 
§0306. 
Cable system assessment; fund; distribution 
The Cable Regulation Reimbursement Fund is established as a 
nonlapsing fund to provide funds to pay the costs incurred by the 
commission and municipalities in regUlating the rates, products 
and services of cable systems. 
The commission shall assess cable 
system operators in an equitable manner 
to provide necessary 
funds 
for 
the 
Cable 
Regulation 
Reimbursement 
Fund. 
The 
commission 
shall 
by 
January 
1st 
of 
each 
year 
provide 
an 
accounting of its assessments under this section and the amounts 
spent by the commission and distributed to municipalities. 
The 
commission by rule shall establish the standards and procedures 
for 
the 
disbursement 
of 
funds 
to 
municipalities 
under 
this 
section. 
SUMMARY 
This bill subjects basic tier service rates and services of 
cable systems to regulation by the Public Utilities Commission. 
The bill also establishes hearing and complaint procedures for 
rate increases or product or service changes by a cable system 
operator and directs the Public Utilities Commission, on petition 
of 25 or more customers, to petition the Federal Communications 
Commission to address any increases or changes if the Public 
Utilities Commission finds them to be unreasonable.