An Act To Enable the Installation of Broadband Infrastructure
Maine Legislature, Session 124, LD 1778
Committee Amendment CA_A-HA_A_H802 (House)

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HOUSE AMENDMENT ":fI,, to COMMITTEE AMENDM'ENT "A" to H.P. 1265, 
L.D. 1778, Bill, "An Act To Enable the Installation of Broadband Infrastructure" 
Amend the amendment in section 2 in subsection 4-B in the 6th line (page 2, line 4 in 
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amendment) by s~riking out the following: "before January 1,20 I 0" 
Amend the amendment in section lOin §9216 in subsection I by striking out all of 
paragraphs A and B (page 4, lines 4 to 14 in amendment) and inserting the following: 
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'A. "Broadband sustainabilitYservice provider'" means a communications service 
provider contributing to the ConnectME Fund pursuant to section 9211 that deploys 
, advanced communications technology infrastructure and provides facilities-based 
broadband services to residential and business customers in this State during any first 
or 2nd assessment period. 
B. "First assessinentperiod" means the period: 
(I) Commencing on the first day of the month following the date on which a 
dark fiber provider first sells, leases 01' otherwise provides one or more strands of 
federally supported dark fiber to an entity in this State; and 
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(2) Ending on the last day of the 60th month following the commencement under 
subparagraph (I).' 
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Amend the amendment in section lOin §9216 in subsection 3 by striking out the last 
sentence (page 4, lines 30 to 33 in amendment) 
Amend the amendment in section lOin §921.6 in subsection 6 by striking out all of 
paragraphs A to C (page 5, lines 12 to 45 and page 6, lines I to 4 in amendment) and 
inseliing the following: 
'A. The authority shall allocate funds in the broadband sustainability fund established 
pursuant to subsection 5 to broadband sustainability service providers in accordance 
with the competitive award process established by the authority under section 9204, 
subsection 2 .. By December 31 st of each calendar year, the authority shall make an . 
accounting of the total funds allocated during that calendar yeal: from the broadband 
sustainability fund, and if by December 31 st of the following calendar year some or . 
all of those funds are not disbursed in accordance with paragraph B, the authority 
Page I - 124LR2565(04)-1 
HOUSE AMENDMENT 
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HOUSE AMENDMENT'~:' ill COMMITrEE AMENDMENT "A" to ILP. 1265, L.a. 1778 
shall transfer those unspent funds to the ConnectME Fund established under section 
9211 for use in accordance with that section. Funds transferred to the ConnectME 
Fund under this paragraph cease to be available to any broadband sustainability 
service provider pursuant to the provisions of this section. The authOrity may, for 
good. cause shown, maintain funds within the broadband sustainability fund for a 
longer period.' 
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B. . To receive a disbursement from the broadband sustainability fund established 
pursuant to subsection 5, a broadband sustainability service provider must file with 
the authority a request for fUJlds together with a certification indicating that the funds 
requested will be used' to deploy broadband infrastructure in unserved areas as 
determined by the authority pursuant to section 9204, subsection 1. The certification 
must include the projected cost for the project and the scope of work, which must 
indicate how the funds will be spent. 
Upon receipt of a request for funds 
accompanied by the required certification and approval by the authority, the authority 
shall disburse the requested amount to the broadband sustainability service provider 
up to an amount not to exceed the total amount allocated under paragraph A to the 
requesting provider; 
C. A broadband su~tainability' ~ervice provider may not expend funds rbceived under 
paragraph B in a manner inconsistent with the certification provided by the provider 
under paragraph B.' The authority may audit the use by a broadband sustainability 
. service provider offunds disbursed in accordance with paragraph B.' 
"A~end the amendment in. section 1 0 in §9216in 'su'bs~ction 6inparagraph 0 in the 
5th and 6th lines (page 6, lines 9 'and lOin amendment) by striking out the following: 
"incumbent local exchange carrier" and inserting the following: 'broadband sustainability 
service provider' 
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Amend the amendment by inserting after section 10 the following: 
'Sec. 11. Resolve 2009, c. 108, §4-A is enacted to read: 
Sec. 4-A. 
Terms of 'Iegisl~tive members. Resolved:' That the terms of 
members of the council who are Legislators and who were appointed to the council 
during the . 124th Legislature conclude December 1, 2010;, The appropriate presid ing 
officer of the 125th Legislature shall appoint legislative. members of the council in 
accordance with section 2 to fill legislative seats on the council. A Legislator who served 
on the council in the 124th Legislature is not precluded from being appointed and serving 
on the council in the 125th Legislature; and be it further 
Sec. 12. Resolve 2009, c. 108, §9 is amended to read: 
Sec. 9. Termination. Resolved: That the council terminates December 1, ~ 
2012; and be it further 
Sec. 13. Appropriations and allocations. The following appropriations and 
allocations are made. 
LEGISLATURE 
Study Commissions - Funding 0444 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ,If" to COMMrITEI; AMENDMENT "A" to H.P. 1265, L.D. 1778 
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lnitiative: Provides an allocation for the additional estimated costs of the Broadband 
Strategy Council to be paid to the Legislature by the ConnectME Authority. 
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OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPEClAL REVENUE FUNDS TOTAL 
SUMMARY .. 
2009-10 
$0 
$0 
$0 
2010-11 
$275 
$630 
$905 
This amendment provides that money from the broadband sustainability fund be 
allocated to broadband sustainability service providers rather than incumbent local 
. exchange carriers. This amendment also delays the termination date of tl1f~ Broadband 
Strategy Council fi'om December 1,2010 to December 1,2012. It provides that the term 
of a member of the council who is a Legislator and who was appointed to the council 
during the 124th Legislature concludes December 1, 2010. It authorizes the appropriate 
presiding officer of the 125th Legislature to fill legislative seats on the council, and 
specifies that a Legislator who served in the 124th Legislature may serve on the council 
in the 125th Legislature. 
FISCAL NOTE REQUIRED 
SPONSORED BY: 
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(Representative DlLL) 
TOWN: Cape Eliza! 
HOUSE AMENDMENT 
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Approved: 03/29/1 0 .Mac:.. 
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LD 1778 
LR 2565(04) , ," 
An Act To Enable the Installation of Broadband Infrasttucture 
Fiscal Note for House Amendment ,~t1 to Comm~ttee Amendment "A" 
Sponsor: Rep. Dill ~t Cape Elizabeth 
Fiscal Note Required: Yes 
Fiscal Note 
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,. Legislative Cost/Study. 
Projections 
2009-10 
2010-11 
2011-12 
Appropriations/Allocations. 
Other Special Revenue Funds 
$0 
$905 
$4,340 
Revenue 
Other Special Revenue Funds 
$0 .. 
$7,015 
$0 
Legislative Cost/Study 
Projections 
2012-13 
$1,770( 
$0 
. The additional general operating expenses from the extension of the Broadband Strategy Council are projected to be 
$905, in fiscal year 2010-11, $4,340 in fiscal year 2011-12 and $1,770 in fiscal year 2012-13. Fund ing for these 
additional costs must be paid by the ConnectME Authority to the Legislature. An existing balance from fiscal year 
2008-09 and fiscal year 2009-10 may be available to apply against the additional payment. The amounts can not be 
estimated at this time. 
Fiscal Detail and Notes 
The additional costs to the state agencies with representation on the Broadband Strategy Council can be absorbed by 
these agencies within exisitng budgeted resources. The ConnectME Authority also can absorb the additional costs 
, associated with staffing the council within existing budgeted resources. 
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LR2~65(04) - Fiscal Note - Page I of I