An Act To Require Owners of Utility Facilities To Accommodate the Installation of Traffic Control Signals and To Permit the University of Maine System To Construct Lines on Public Rights-of-way
Maine Legislature, Session 123, LD 1360
Committee: Utilities and Energy
Sponsors: DAMON, CAIN, MARTIN, TARDY
Amends: 23 MRSA §1351, 35-A MRSA §2301, 35-A MRSA §2501

Legislative Document 
No. 1360 
S.P.474 
March 13,2007 
An Act To Require Owners of Utility Facilities To Accommodate the 
Installation of Traffic Control Signals and To Permit the University 
of Maine System To Construct Lines on Public Rights-of-way 
(EMERGENCY) 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator DAMON of Hancock. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative CAIN of Orono and Senator: MARTIN of Aroostook, 
Representative: TARDY of Newport. 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it is imperative that this Act take effect immediately so that the University 
of Maine system may transmit data and communications to its facilities and partnering 
entities as soon as possible; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
lOBe it enacted by the People of the State of Maine as follows: 
Sec. 1. 23 MRSA §1351, 2nd~, as amended by PL 1971, c. 593, §22, is further 
amended to read: 
The department sRall Rave alitRority to may install and maintain traffic control 
signals, and warning, regulatory, directional and informational signs and markings, on all 
state and state aid highways aRti" highways constructed under its direction with federal 
funds and town ways, when, in its opinion, 500ft the signs, signals and markings are 
necessary for public safety and convenience. Owners of utility facilities located within or 
along a public right-of-way shall reasonably accommodate the attachment to their 
facilities of traffic control signals and their appurtenances without cost to the public as 
long as those appurtenances are used solely for the communication between traffic 
control signals and a system command center and are necessary for the proper operation 
of traffic control signals and related devices. 
Sec. 2. 35-A MRSA §2301, as amended by PL 1995, c. 225, §8, IS further 
amended to read: 
§2301. Telephone utilities and television corporations may construct lines 
Except as limited, every corporation organized under section 2101 for the purpose of 
operating telephones and every corporation organized for the purpose of transmitting 
television signals by wire may construct, maintain and operate its lines upon and along 
the route or routes and between the points stated in its certificate of incorporation; and 
may construct its lines and necessary erections and fixtures for them along, over, under 
and across any of the roads and streets and across or under any of the waters upon and 
along the route or routes subject to the conditions and under the restrictions provided in 
this chapter and chapter 25. The rights, privileges and restrictions provided in this section 
apply to the University of Maine System for purposes of transmitting data and 
communications between and among its facilities and partnering entities, wherever 
located, subject to the conditions and under the restrictions provided in this chapter and 
chapter 25. 
For purposes of this section, "partnering entities" means organizations, 
wherever located, authorized to use the university's regional optical network for education 
and research institutions, or other university data and communications systems. 
I 
Sec. 3. 35-A MRSA §2501, sub-§2, as amended by PL 1995, c. 225, §9, is 
further amended to read: 
2. Applicability of section 2503. Except as otherwise provided, a person may not 
construct facilities upon and along highways and public roads, without applying for and 
obtaining a written location permit from the applicable licensing authority under section 
2503. 
Included within this requirement is every person operating telephones or 
transmitting television signals by wire; every person that owns, controls, operates or 
manages any pipeline within or through this State for the transportation as a common 
carrier for hire of oil, gas, gasoline, petroleum or any other liquids or gases; every water 
utility and every person making, generating, selling, distributing and supplying gas or 
electricity; every water utility or sewer company, district or system privately or 
municipally owned; every municipally owned or operated fire alarm, police alarm or 
street lighting circuit or system; every cooperative organized under chapter 35; the 
University of Maine System, for purposes described in section 230 I; and any other 
person engaged in telecommunications or the transmission of heat, or electricity. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill clarifies that owners of utilities located in or on a public right-of-way to 
which traffic control device appurtenances are attached must reasonably accommodate 
the attachment of the traffic control device appurtenances without cost to the public as 
long as the appurtenances are used solely for communication between the devices and the 
command center and are necessary for the proper operation of the traffic control devices. 
This bill allows the University of Maine System to install lines in the public highway 
rights-of-way to facilitate the transmission of data and communication between its 
facilities and partnering entities . 
• 
•