An Act To Promote Efficiency in the Use of the Communications Equipment Fund
Maine Legislature, Session 123, LD 0536
Committee: Utilities and Energy
Sponsors: BLISS, BERRY, CAIN, CROCKETT, EBERLE, KAENRATH, SIROIS, BARTLETT
Amends: 26 MRSA §1419-A, 35-A MRSA §7104

Legislative Document 
No. S36 
H.P.414 
House of Representatives, February 5, 2007 
An Act To Promote Efficiency in the Use of the Communications 
Equipment Fund 
(EMERGENCY) 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative BLISS of South Portland. 
'/J'l~ /J?17/~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BERRY of Bowdoinham, CAIN of Orono, CROCKETT of 
Augusta, EBERLE of South Portland, KAENRATH of South Portland, SIROIS of Turner, 
Senator: BARTLETT of Cumberland. 
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, 
the 
Communications 
Equipment 
Fund 
provides 
specialized 
communications equipment to meet the communications needs of deaf, hard-of-hearing 
and speech-impaired persons and persons with disabilities; and 
Whereas, changes in the allocation of money from the fund are necessary to 
increase the efficiency in the use of the fund and address critical communications 
equipment needs of deaf, hard-of-hearing and speech-impaired persons and persons with 
disabilities who rely on equipment provided by the fund; 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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §1419-A, sub-§2, as amended by PL 2005, c. 336, § 1, IS 
further amended to read: 
2. Communications Equipment Fund. There is established the Communications 
Equipment Fund to be used by the Division of Deafness within the Bureau of 
Rehabilitation Services. The fund is non lapsing. The fund receives money transferred by 
the Public Utilities Commission from the universal service fund pursuant to Title 35-A, 
section 7104. The Division of Deafness may accept gifts or grants, including, but not 
limited to, federal grants, for the purposes of this section. Funds transferred from the 
universal service fund pursuant to Title 35-A, section 7104 and all gifts and grants and 
authorized appropriations must be deposited in the Communications Equipment Fund and 
disbursed in accordance with this section. The Communications Equipment Fund may be 
used for purchase, lease, distribution, upgrading, installation, maintenance and repair of 
specialized customer communications equipment for deaf, hard-of-hearing or speech-
impaired persons and persons with disabilities i.Hld~ for training in the use of such 
equipment and for administrative costs associated with these uses of the fund, except that 
funds received for the purposes of subsection 6 pursuant to Title 35-A, section 7104 may 
be used only in accordance with subsection 6. The Division of Deafness may draw on the 
Communications Equipment Fund in accordance with the communications equipment 
plan required under subsection 3. 
Sec. 2. 26 MRS A §1419-A, sub-§6, as enacted by PL 2005, c. 336, §2, IS 
amended to read: 
6. Emergency alert telecommunications service. A person who has been certified 
by the Division of Deafness as being deaf or hard-of-hearing and has an income of less 
than 13 5% of the federal poverty level must receive a discount of up to $10 per month in 
the service charge for any wireless communications device or 2-way pager that is used to 
receive emergency alerts issued by any state or federal agency or a discount equal to the 
monthly service charge for anyone-way gager that is used to_1ec~ive~yrgel}ajl1erts 
issued by any state or federal agency. StteR--a A person using a wireless communications 
device or 2-way pager must receive a $10 discount except when the service charge for the 
wireless communications device or 2-way pager is less than $10 per month, in which case 
the person must receive a discount equal to the service charge for the wireless 
communications device or 2-way pager. A company required to provide the discount is 
entitled to recover amounts discounted from the Communications Equipment Fund 
established in subsection 2. The Bureau of Rehabilitation Services shall adopt rules to 
establish the process for certifying eligibility with the Division of Deafness and for the 
process to be used by wireless and paging companies in recovering discounted revenue 
II 
from the Communications Equipment Fund. 
Administrative costs associated with 
implementing this subsection may be paid from funds provided to the Communications 
Equipment Fund for the purposes of this subsection pursuant to Title 35-A, section 7104. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
IS 
chapter 375, subchapter 2-A. 
Sec. 3. 35-A MRSA §7104, sub-§5, as repealed and replaced by PL 2005, c. 683, 
Pt. A, §59, is amended to read: 
5. Funds for Communications Equipment Fund. The commission shall annually 
transfer $85,000 from a state universal service fund established pursuant to this section to 
the Communications Equipment Fund established under Title 26, section 1419-A. 
If the Department of Labor, Bureau of Rehabilitation Services does not receive from 
federal or other sources funds in addition to the $85,000 sufficient to carry out the 
purposes of Title 26, section 1419-A, the commission, at the request of the Department of 
Labor, Bureau of Rehabilitation Services, may transfer from the state universal service 
fund to the Communications Equipment Fund an additional $37,500 $100,000. 
The commission may, upon the request of the Department of Labor, Bureau of 
Rehabilitation Services and after a finding that the funds are necessary and that sufficient 
attempts have been made by the Bureau of Rehabilitation Services to maximize federal 
support to support emergency alert telecommunications service, annually transfer up to 
$60,000 iA fiseal year 2005 06, up to $90,000 iA fiseal year 2006 07 aAd up to $120,000 
iA aA)' sHaseqHeAt fiseal year $57,500 from the state universal service fund established by 
this section to the Communications Equipment Fund established under Title 26, section 
1419-A for the exclusive purpose of supporting the discount program established under 
Title 26, section 1419-A, subsection 6. 
The commission may require contributions to the state universal service fund in an 
amount necessary to collect amounts transferred pursuant to this subsection. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
The Communications Equipment Fund receives money from the state universal 
service fund to provide communications equipment and related services to deaf, hard-of-
hearing and speech-impaired persons and persons with disabilities. 
This bill makes 
changes to the funding levels for specific programs under the Communications 
Equipment Fund while preserving the total annual amount available to the 
Communications Equipment Fund at the amount authorized for fiscal year 2007-08 and 
subsequent years, which is $242,500. The bill increases from $122,500 to $185,000 the 
maximum annual funding for communications equipment purposes, including purchase, 
lease, distribution, maintenance and repair of specialized equipment, and clarifies that this 
funding may be used for associated administrative costs. 
The bill decreases from 
$120,000 to $57,500 the maximum annual funding for the discount program for 
emergency alert telecommunications services for low-income persons who are deaf or 
hard-of-hearing. The bill also expands the technology covered by the discount program to 
. 12 
include one-way pagers, in addition to two-way pagers and wireless telecommunications 
devices, and requires that the discount for one-way pagers be equal to the monthly service 
charge.