An Act To Protect Universal Service
Maine Legislature, Session 124, LD 1697
Sponsors: FITTS, FLETCHER
Amends: 5 MRSA §1812-H, 35-A MRSA §2301-A, 35-A MRSA §2501

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLATU 
Legislative Document 
No. 1697 
H.P.1198 
House of Representatives, January 6,2010 
An Act To Protect Universal Service 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203: 
Reference to the Committe~ on Utilities and Energy suggested and ordered printed.' 
Presented by Representative FITTS of Pittsfield. 
Cosponsored by Representative FLETCHER of Winslow. 
Printed on recycled pilper 
1f/~1J1.11ltIL:~~l 
. MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1~ ·5 MRSA §1812-H isenacted to read: 
§1812-H. Telecommunications .service and information service 
L. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. , 
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A. "Information ~ervice,i has the same meaning as in'47 United States Code, Section 
153. 
B. "Telecommunicati()ns service" has the same meaning as in47 United States Code, 
Section 153. . 
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2.. 
Provision of telecommunications service or information service. 
An 
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instrumentality, institution or agency of the State may not provide telecommunications 
service or information service to any person other than itself or its tenants. 
3. 
Procurement of telecommlmicationsservice or information service. 
An 
instrumentality, institution or agency of the State may not procure telecommunications 
service or information service in a manner that constrains or limits the consideration of 
proposals to provide service· containing alternative teclmologies, services and network 
architecture that meets the needs of the institution or agency procuring the service. The 
instrumentality, institution or agency may not require that an alternative proposal contain 
. provisions for connection to or utilization of a particular technology or a particular 
network or service. of the agency or any other provider. 
4. Remedies. In addition to any other remedy that exists at law or in equity, any 
person who is damaged or threatened with loss or injury by reason of a violation of this 
section may bring a civil action against the instrumentality, institution or agency ofthe 
State in the Superior Court in the county where the injured or threatened person resides to 
prevent, restrain or enjoin the violation or threatened violation of this section or seek 
damages. If the court finds that a violation or threatened violation of this section has 
occurred, the court may: 
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. A. Enjoin, restrain or otherwise prohibit such action; and 
B. Order payment of damages to the injured or threatened person equal· to 3 times the 
amount of actual damages sustained by· that person arid the costs of the action, 
including reasonable attorney's fees. 
5. Waiver of sovereign immunity. For the purposes of this section, the State . 
waives its sovereign immunity. 
Sec. 2. 35-A MRSA §2301-A, as enacted by PL 2007, c. 268, § 1, is repealed. 
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Page I - 124LR2466(OI)-1 
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Sec. 3. 35-A MRSA §2501, sub-§2, as amended by PL 2007, c. 268, §2, 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 
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transmitting television signals by wire; every person that owns, controls, operates or 
manages any pipeli~e 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 alann, police alarm or 
street lighting circuit or system; every cooperative organized under chapter 35; tfle 
University of Maine System, for purposes described in section 2301 A; and any other 
person engaged in telecommunications or the transmission of heat or electricity. 
SUMMARY 
This bill prohibits instrumentalities, institutions or agencies of the State from 
providing telecommunications servic;e or infonnation service to any person other than 
itself or its tenants. The bill also prohibits instrumentalities, institutions or agencies of 
the State. from procuring such services in a manner that constrains or limits alternative 
proposals to meet instrumentalities', institutions' or agencies' needs. The bill establishes a 
right of action for injunctive relief and damages for violation of these requirements. The 
bilI also repeals 'authority for the University of Maine to install lines on existing utility 
facilities within or along a right of way for the pu~ose of transmitting data and 
communications. 
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