An Act To Accelerate Private Investment in Maine's Wireless and Broadband Infrastructure
Maine Legislature, Session 122, LD 2080
Committee: Utilities and Energy
Sponsors: PINGREE, BARTLETT, ADAMS, BLISS, FLETCHER, HOTHAM, KOFFMAN, SIMPSON, COWGER

Legislative Document 
No. 2080 
H.P.1471 
House of Representatives, March 21, 2006 
An Act To Accelerate Private Investment in Maine's Wireless and 
Broadband Infrastructure 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
17/~ 
'171.1JldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PINGREE of North Haven. (GOVERNOR'S BILL) 
Cosponsored by Senator BARTLETT of Cumberland and 
Representatives: ADAMS of Portland, BLISS of South Portland, FLETCHER of Winslow, 
HOTHAM of Dixfield, KOFFMAN of Bar Harbor, SIMPSON of Auburn, Senator: COWGER 
of Kennebec. 
Pnntt'd on ft'(.:ydt'u papt'f 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 35-A MRSA c. 93 is enacted to read: 
CBAP'rER 93 
ADVANCED TECHNOLOGY INFRASTRUCTURE 
§9201. 
Short title 
This 
chapter 
may 
be 
known 
and 
cited as 
"the 
Advanced 
Technology Infrastructure Authority Act." 
§9202. 
Definitions 
As 
used in this 
chapter, 
unless 
the 
context otherwise 
indicates, the following terms have the following meanings. 
I. 
Advanced 
co~un~catiQns 
technology 
infrastructure. 
"Advanced 
communications 
technology 
infrastructure" 
means 
any 
communications 
technology 
infrastructure 
or 
infrastructure 
improvement that expands 
the deployment of. 
or 
improves 
the 
quality of, broadband availability and cellular service coverage. 
2. 
AJlt.borit~. 
"Autbru:.ity" means the Advanced Technology 
Infrastructure Authority established in section 9203. 
3. 
Communications service. 
"Communications service" means 
any wireline, wireless, cellular, satellite. voice. data or video 
retail service. 
4. 
Communications 
service 
provider. 
"Communications 
service 
provider" 
means 
any 
entity 
offering 
communications 
service to customers in the State. 
5. 
Oualifying ConnectME zone. 
"Qualifying ConnectME zone" 
means 
a 
geographical 
region 
that 
is eligible 
for 
the 
tax 
reimbursement established in this chapter, because the authority 
has determined that the region is unserved or underserved by an 
advanced communications technology infrastructure. 
§9203. 
Advanced Technology Infrastructure Authority 
I. 
Establishment; 
membership. 
The 
Advanced 
Technology 
Infrastructure Authority is established to stimulate investment 
in advanced technology infrastructure. 
The authority is created 
as a body corporate and politic and a public instrumentality of 
~he State. 
The exercise by the authority of powers conferred by 
this chapter is considered to be the performance of essential 
Page l-LR3122(1) 
governmental functions. The authority consists of the following 5 
voting members: 
A. 
The chair of the Public Utilities Commission: 
S. 
The Chief Information Officer of the State: 
C. 
One 
representative 
of 
consumers, 
appointed 
by 
the 
Governor: and 
D. 
Two members with significant knowledge of communications 
technology, appointed by the Goyernor. 
2. 
Terms: chair: vacancies. 
All members are appointed for 
~ar terms. 
The Goyernor shall appoint a chair from among the 
members appointed by the Goyernor. In the eyent of a yacancy in 
.the membership, the Goyernor shall appoint a replacement member 
for the remainder of that yacated 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 
~d a 
treasurer, 
who 
may, 
but need not, 
be members of the 
authority. Three members of the authority constitute a guorum and 
tn.!'! affirmative vote of 3 members is necessary for any action 
taken by the authority. 
4. 
Participation by members. 
A member may participate in a 
meeting of the authority and place a 
vote electronically or 
tele~~onically as 
long 
as 
members 
of 
the 
public 
have 
an 
QPportunity 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 haying been a member of toe authority. and 
against any final judgment rendered against the member in that 
action or proceeding. 
6. 
Staff. 
The commission shall provide to the authority 
staff, to be designated by the commission and not to exceed the 
~gui valent of 3 full-time employees. 
The salaries and costs of 
~uch staff must be allocated proportionately to the authority. 
The 
authority 
may 
retain 
staff 
in 
addition 
to 
the 
staff 
designated and provided by the commission. 
§9204. 
Duties of authority 
1. 
E~!m.ce cO ..... W1i.«;ft.liQll~~~Q}.29Y infrastructure. 
The 
author ity, 
through 
partnerships, 
grants, 
direct 
investment, 
loans, demonstration projects and other appropriate means, shall: 
A. 
Improve 
t.n~j~lity of existing wirele§s coveraqe in 
areas where the authority determines the quality of the 
coverage is inadequate: 
B. 
Expand wireless coverage to areas where the authority 
determines that no coverage exists: 
C. 
Expand the availability of broadband to residential and 
small business customers: 
D. 
Expand the 
avai~lity of broadband with bandwidth, 
synchronicity, reliability and security adequate to serye 
business, education and enterprise consumers: 
E. 
Otherwise enhance the State' s communications technology 
infrastructure: and 
F. 
Coyer reasonable administratiye costs of the authority. 
2. 
Additional 
duties. 
In 
addition 
to 
its 
duties 
established under this chapter, the authority shall: 
A. 
Collect, 
aggregate, 
coordinate 
and 
disseminate 
information and data concerning communications services in 
the State; 
B. 
Continually assess the availability of and need for 
advanced communications §ervices in unserved and underserved 
areas within the State; 
C. 
Identify and secure federal and other funding sources 
for broadband or wireless deployment or education; 
D. 
Identify opportunities for coordination among proyiders, 
consumers 
and 
state 
and 
local 
goyernmental 
entities, 
including coordination with the statewide emergency radio 
network: and 
E. 
Create and facilitate public awarene§s and educational 
programs to encourage the use of broadband services. 
§9205. 
Funds 
For purposes of this ch~ter, the authority may expend up to 
$500,000 from a transfer to the authority of previously collected 
but unallocated funds held by the commission pursuant to section 
~ 
§9206. 
Reimb~rsement of certain taxes relating to advanced 
communications technology infrastructure 
1. 
Reimhur-.ILe!M!.At allowed. 
A reimbursement is allowed as 
provided in this section for taxes paid pursuant to Title 36, 
Part 3 with respect to maChinery and equipment purchased for use 
by 
a 
person to develop an advanced communications technology 
infrastructure in a qualifying ConnectME zone. 
2. 
Claim for reimbursement. 
A claim for 
reimbursement 
under this section must be filed with the State Tax 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 State Tax Assessor and must 
include 
a 
statement 
from 
the 
authority certifying that 
the 
machinery 
and 
equipment 
is 
being 
used primarily to 
provide 
advanced communications services in a qualifying ConnectME zone. 
The 
purchaser 
and 
the 
authority 
sqpll 
retain 
all 
records 
pertaining to such certification and to the purchases in question 
for 
at 
least 
years. 
The 
reimbursement 
claim 
must 
be 
accompanied by 
such additional 
information as 
the State Tax 
Assessor may require. 
)~ei.mbur~~me~t U,m .. it,. 
The authority may not certify for 
reimbursement under this section a total amount in excess of 
$50Q,QQQ in any state fiscal year. 
4. 
Audit. 
The State Tax Assessor may audit any claim filed 
under this section. 
If the State Tax Assessor determines that 
the amount of the claimed reimbursement is incorrect. the State 
Tax Assessor shall redetermine the claim and notify the claimant 
in writing of the redetermination. 
If the claimant has received 
Leimbursement of an amount that the State Tax Assessor concludes 
should not have been reimbursed, the State Tax Assessor may issue 
~ssessment for that amount within 3 years from the date the 
reimbursement claim was filed or at any time if a fraudulent 
reimbursement 
claim 
\,.as 
filed. 
The 
claimant 
may 
seek 
reconsideration, 
pursuant 
to Title 
36, 
section 
151, 
of 
the 
redetermination or assessment. 
5. 
Payment of claims. 
The State Tax Assessor shall pay the 
.c_er .. tified amounts to each approved applicant qualifying for the 
benefit under this section within 30 days after receipt of a 
properly completed claim. 
Interest is not allowed on any payment 
made to a claimant pursuant to this section. 
6. 
Rulemating. 
The 
authori tY-_',Jil1il 1.1.. .. de_Yelop 
rules 
as 
n~cessary to administer this section in cooperation with the 
State Tax Assessor. 
Rules adopted pursuant to this section are 
L~~ine technical rules as defined in Title 5, 
chapter ~ 
subchapter 2-A. 
§9207. 
General powers 
In Qrdgr tQ Qarry Qyt thg pyrpQses of this Qhapter, 
the 
aythQrity has the fQllQwing PQwers with respeQt tQ 
a 
prQjeQt 
toggther with all PQwers 
inQigen!;al 
tQ 
Qr 
neQUSary 
fQr 
the 
performance Qf thgse PQwgrs: 
1. 
Perpetual succession. 
TQ have perpgtual syccessiQn as a 
bQgy PQlitiQ and QQrpQrate and an instrumgntality Qf thg Statg: 
2. 
Power to sUL_QDd b~L6y~(l--------1'Q sug or initiate or appear 
in any proceeging. 
The aythority may be syeg on its written 
cQntracts Qr in aCCQrgance with Title L 
sectiQn 409: Title 5, 
chaptgr 375: or Titlg 14, chapter 741: 
3. 
Official seal. 
To adopt and have an offiQial seal and 
alter thg sgal at pleasure; 
4. 
Bylaws: rules. 
To adopt bylaws and any rule necessary 
or uSgfyl for carrying out any of the authQrity I s 
powers or 
gyties purSyant tQ this chapter. 
Ryles agopteg pyrsyant to this 
subsgctiQn are rQutine technical rules as gefined in Title 5, 
chapter 375, subchapter 2-A: 
5. 
Acqy,ire real or personal property. 
To acguire real or 
perSQnal prQpgrty Qr any intgrest in rgal Qr perSQnal prQperty, 
inclyding rights Qr gasgmgnts, on either a tempQrary Qr lQng-term 
basis 
by 
gift. 
purchasg, 
transfer. 
foreclQsurg, 
19ase 
or 
Qthgrwise: to improve, hold, sell with Qr withQut public biddingL 
assign, lease, rent. encumber. mortgage Qr Qthgrwise dispose of 
any real Qr personal prQperty, any interest in real or pgrsonal 
prQPerty Qr mQrtgagg intergsts Qwngd Qr in its cQntrQl, cystody 
Qr PQssessiQn: 
and tQ rglgase Qr relingyish any right, title 
claim, 
lien, 
intergst, 
gasemgnt or 
gemand, 
however 
acguired, 
inclyging threat of fQreclosure; 
6. 
Prepare and plan projects and facilities. 
TQ prepare or 
Causg tQ be prgpared plans, specifications, gesignS and gstimates 
Qf cQsts for the constructiQn and equipmgnt fQr a prQjgct and 
attgndant facilitigs ang from time to timg to mQdify or cause to 
bg mQgifigg thQse plans, specificatiQns, ggsigns Qr gstimatgSi 
7. 
Improve and eguj--1LP-l:Qject and attendant facilities. 
B~ 
QQntract 
Qr 
cQntraQtS 
to 
constryct, 
acgyirg, 
altgr, 
repair, 
.nt<~Qnstruct, 
rehabilit...Qt_e..L------.irru;!rove 
and 
equip 
a 
project 
and 
necessary and usual attendant facilities: 
8. 
Maintain. 
reconstruct 
and 
operate. 
To 
maintain, 
reconstruct and operate, or cause to be maintained, reconstructed 
and operated, a project: 
9. 
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 
to ensure the maximum use at all times of the facilities of any 
project: 
10. 
Provide 
for 
financiQQ 
or 
refinancing. 
To 
provide 
~inancing 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: 
11. 
Make 
and 
e~~_~~te contracts. 
To 
make 
and 
execute 
QQJJ._t~s and other instrlJIDents and enter into such transactions 
as 
necessar~r or convenient for the exercise of the authority's 
powers and functions under this chapter: 
12. 
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; 
13. 
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: 
14. 
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: 
15. 
jlQreement. 
Modificatio~n~~o~f __ ~c~o~n~t~r~a~c~t~. __ ~l~e~a~s~e~'L-~1~'n~d~e~n~t~qre 
or 
To 
consent to 
any modification of 
any contract, 
lease, indenture or agreement of any kind to which the authority 
is a party: 
16. 
Manage or operate real and personal properU. 
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 
otn~Q~tion 
nec~~9~ or 
incidental 
to 
the 
performance of the authority's duties under this chapter; 
11. 
Lease or rent facilities _or equipment used to transmit 
YQi~e-"j~r vide~iQ:D.als.. 
To lease or rent any faciliti~ 
eguipment 
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 
~uthority 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; 
18. 
Inves~pts. 
Except 
as otterwise provided in 
th,i,~ 
chapter, 
to invest 
any 
funds 
not 
needed 
for 
immediate 
use, 
including any funds held in reserve, in property or securities in 
which fiduciaries in the State may legally invest funds; 
19. 
Appgar~ces~JL~1Lear on the authority's own behalf 
before 
boards, 
commissions, 
departments 
or 
agencies 
of 
a 
municipality or the State Government or the Federal Government; 
~O. 
E~_~c_~t~~dir~~~o~_~~~~mp1Qyees""--"-._----",T",,o,------,e,-,-,mploy a,n 
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 
21. 
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. 
§9208. 
Use of revenues 
The 
revenues 
derived 
by 
the 
authority 
from 
any 
lease, 
assignment, rental agreement or other disposition or any other 
revenue must be used for the purposes of this chapter. 
§9209. 
Adviso~ council 
ThEL-Adviso r:y--CQunciJ 
on 
Advanced 
referred 
to 
in this 
section 
as 
"the 
established to 
advise the authority in 
section. 
Technolo9Y--JL~ve~m~QtL 
advisory 
counciL" 
is 
accordance with this 
1. 
Membership. 
The advisory council is composed of the 
following members: 
A. 
Two members who have experience with issues concerning 
broadband access infrastructure, appointed by the Governor: 
B. 
Two members who have experience with issues concerning 
wir~ telecommunications infrastructure, appointed by the 
Governor: 
C. 
Two members who have experience with issues concerning 
the 
telecommunications 
and 
technology 
infrastructure 
implemented by the State's education community, appointed by 
the Governor: 
D. 
One member who has experience with issues concerning the 
statewide emergency radio network, appointed by the Governor: 
E. 
One member who serves on the Maine Telecommunications 
Education Access Fund Advisory Board established by rules 
i;!.dopted by the commission, or a successor board, appointed 
by the Governor: 
F. 
One member from the Maine Technology Institute: 
G. 
One 
member 
representing the 
Small Enterprise Growth 
Fund, established in Title 10, section 383: and 
H. 
Up to 2 additional members, appointed by the authority, 
as needed to ensure adeguate representation and expertise. 
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 
~9rm limited functions assigned to it by the authority or as 
provided for by rule. Rules adopted by the authority pursuant to 
thi s sJ,lbsection are routine technical rules as defined in Ti tle 
5, chapter 375, subchapter 2-A. 
§9210. 
Collection of data 
Subject to the provisions in this section, the authority may 
collect data 
from 
communications 
service providers 
concerning 
infrastructure deployment and costs, revenues and subscribership. 
1. 
Protective orders. 
The authority may issue protective 
orders in accordance with the reguirements of the Maine Rules of 
Civil 
Procedure, 
Rule 
(c) . 
Information 
subject 
to 
the 
protective orders is considered within the scope of a privilege 
against discovery within the meaning of Title L 
section 402, 
subsection 3, paragraph B and is not a public record while under 
the protective order. 
2. 
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 
Mtility systems to the detriment of the public interest, or that 
.t.lliLjnformation 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 section includes, but is not limited to, network 
~iagrams. 
Information 
designated 
as 
confidential 
under 
this 
section is not 
a 
public record under Title 1, 
section 402, 
subsection 3. 
3. 
Protection of information. 
A communications 
service 
provider may request that confidential or proprietary information 
provided to the authority under subsection 2 not be viewed by 
those members 
of the authority who 
could gain a 
competitive 
advantage from viewing the information. 
Upon such a request, the 
authority shall ensure that the information provided is viewed 
only by those members of the authority and staff who do not stand 
to gain a 
competitive advantage and that there are adequate 
safeguards 
to protect that 
information 
from 
members 
of 
the 
£~thority who could gain a competitive advantage from viewing the 
information. 
§9211. 
Legislative oversight: report to committee 
The authority shall provide an annual report to the joint 
standing committee of the Legislature having jurisdiction over 
utilities matters that: 
1. 
Budget. 
Includes 
a 
report 
on 
the 
budget 
of 
the 
authority; 
• 
Activities. 
Documents the activities of the authority, 
including review of applications for 
funding received by the 
authority; and 
3. 
Investments. 
Contains a listing of any investments of 
fund money made and a tracking of the infrastructure improvements 
resulting from the investments. 
§9212. 
Conflicts 
A member 
of 
the 
authority 
may 
not participate 
in 
any 
decision on any contract entered into by the authority under this 
~ter if that member has any interest. direct or indi~~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. 
§9213. 
Actions against authority 
A member of the authority, while acting 
~his chapter, is not subject to any personal 
from the exercise or carrying out of any 
purposes or powers. 
§9214. 
Gifts and contributio~ 
within the scope of 
liability resulting 
of the authority's 
The authority may accept gifts and contributions on behalf 
of the authority for the purpose of designing, 
constructing. 
reconstructing. renovating or acguiring a project. 
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. 
Sec. 2. Staggered terms. 
Notwithstanding the Maine Revised 
Statutes, Title 35-A, section 9203, sUbsection 2, for the initial 
appointments to the Advanced Technology Infrastructure 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. 
SUMMARY 
The 
purpose of this bill is to stimulate investment in 
advanced 
communications 
technology 
infrastructure 
so 
as 
to 
increase access to broadband and wireless communications services 
for 
all 
Maine 
communities, 
including 
rural 
communities. 
To 
accomplish this purpose, this bill: 
1. Establishes the Advanced Technology Investment Authority, 
which is governed by a 
5-member board that includes the Chief 
Information Officer of the State. the chair of the Maine Public 
Utilities Commission and 3 other members; 
2. Charges the authority with aggregating data concerning 
communications services in the State, assessing the availability 
and 
need 
for 
services 
in 
unserved 
and 
underserved 
areas, 
identifying and securing federal and other funding sources for 
broadband and wireless deployment and coordinating activities of 
providers and governmental entities, including coordination with 
tbe 
statewide 
emergency 
radio 
network, 
the 
Maine 
Office of 
Innovation and the Small Enterprise Growth Fund: 
3. 
Directs the authority to use a transfer of previously 
collected but unallocated funds of the Maine universal service 
fund for the purposes of the bill, including the identification 
of and participation in projects that expand the deployment of, 
or improve the quality of, communications technology in Maine: and 
4. 
Allows a reimbursement for taxes paid on the purchase of 
machinery and equipment to develop an advanced communications 
technology 
infrastructure 
in 
a 
qualifying 
ConnectME 
zone. 
Page ll-LR3122(1)