An Act To Establish a Broadband Policy for Mai,ne
Maine Legislature, Session 124, LD 1646
Committee: Utilities and Energy
Sponsors: BARTLETT, DOSTIE, FLEMINGS, HINCK, MORRISON, PENDLETON
Amends: 35-A MRSA §9204, 35-A MRSA §9216, 35-A MRSA §9217, 35-A MRSA §9218, 35-A MRSA §9219

MAINE STATE LEGISLATURE 
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124th MAINE L GISLATURE 
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Legislative Document 
No. 1646 
H.P.1174 
House of Representatives, December 23,2009 
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An Act To Establish a Broadband Policy for Mai,ne 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
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Received by the Clerk of the House on December 21,2009, ,Referred to the Committee on 
Utilities and Energy pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule, 
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Presented by RepresentatIve FLAHERTY of Scarborough. 
Cosponsored by Senator BARTLETT of Cumberland and 
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1J!.17!tU~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DOSTIE of Sabattus, FLEMINGS of Bar Harbor, HINCK of Portland, 
MacDONALD of Boothbay, McCABE of Skowhegan, MORRISON of South Portland, 
PENDLETON of Scarborough. 
PrilHt!U llll I t:cycl~J ·p;lper 
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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 av~ilabilitY of broadband service to all Maine' residents is an impOltant 
tool for economic growth and opportunity; and 
Whereas, the federal American Recovery and Reinvestment Act of 2009 has set 
aside .$7,200,000,000 for broadband expansion in unserved and underserved areas of the 
Nation; and 
Whereas, part of the process for receiving federal funds includes a review by Maine 
to determine whether each grant application is consistent with the State's broadband 
policy; and 
Whereas, Maine cunently has no artkulated broadband policy; and 
'Whereas, ali grant awards unc ir the federal American Recovery and Reinvestment 
Act of 2009 are scheduled to be lwarded prior to the commen·cement of the 125th 
Legislature; 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 Stat.e of Maine as follows: 
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Sec. 1. 35-A MRS A §9202, sUlb-§2-A is enacted to read: 
2-A. Broadband. "Broadband" means a connection to the Internet with a minimum 
data transfer rate of 768 kilobits per second either uploading or downloading data. 
Sec. 2. 35·:A MRS A §9204, sUlb-§3, 'l"iE, as enacted by PL 2005, c. 665, §3, is 
amended to read: 
E. 
Identify opportunities for coordination among providers, consulT~ers and state 
and local governmental entities, including coordination with the statewide emergency 
radio network; aOO 
Sec. 3. 35-A MRSA §9204, sub-§3, ~, as enacted by PL 2005, c.665, §3, is 
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amended to read: 
F .. Create and facilitate public awareness a.nd educational programs to encourage the 
use of broadband services7; and 
Sec. 4. 35-A MRSA §9204, sub-§3, CljfG is enacted to read: 
G. Develop target prices for broadband services pursuant to section 9218, subsection· 
and establish a fund to assist rural customers in receiving broadband services 
pursuant to section 9218, subsection 2. 
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Sec. 5. 35-A MRSA §9216 is enacted to read: 
§9216. State broadband policy 
It is the goal of the State to achieve 100% broadband availability for all residential 
and business locations in the State no later than December 31, 2012 and to develop a 
sustainable forward~looking infrastructure that will promote affordable Internet service 
that exceeds minimum broadband service in all areas of the State. It is the policy of the 
State to maximize sustainable private investment in broadband infrastructure in the State 
and ensure that state policies, are designed to promote broadband infrastructure, 
deployment and availability to all residents and small businesses in the State. 
Sec. 6. 35-A MRSA §9217 is enacted to read: 
§9217. State and federal support for broadband infrastructure ' 
All state agencies and state entities shall: 
1. Maximize resources. Maximize federal grant resources and competitively neutral 
private investment opportunities to support the deployment of upgradable broadband 
infrastructure in unserved areas of the State; 
2. Prioritize use of resources. Prioritize the use of state broadband resources to 
assist competitively neutral private infrastructure deployment in unserved areas of the 
State; 
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3. Online availability. Maximize the number of permits and licenses from the State 
that may be obtained or renewed online at rates less than the rates set for obtaining or 
renewing the permits or licenses in person; 
4. Broadband infrastructure. ,Ensure that no. state agency or entity engages in 
practices that inhibit new private investment in broadband infrastructlire or diminish the 
value of existing private broadband infrastructure investment; and 
5. Taxes or fees. To the, extent that agency interpretation is necessitated, ensure that 
any taxes or fees assessed on infrastructure used to deploy broadband services are not 
implemented' in a manner that results in costs to the owner of the infrastructure that 
exceed what the costs to the owner of the .infrastructure would be if the owner of the 
infrastructure were paying personal propertY tax to the· municipalities in which the 
infrastructure is located. 
Sec. 7. 35-A MRSA §9218 is enacted to read: 
§9218. Advanced broadband opportunities 
In order to promote broadband services that exceed the mInImum broadband 
requirements at affordable rates for residential customers and small businesses, the 
ConnectME Authority'shall: ' 
1. Establish target prices. Develop target prices for broadband services that exceed 
the minimum definition of broadband service on an annual basis. In establishing target 
pricing for broadband services, the ConnectMEAuthority shall establish pricing levels 
that are equal to the average price for comparable broadband speeds available in the 
largest metropolitan areas of the State; and 
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Establish fund. . Establish competitively neutral discounts to assist rural 
customers in receiving broadband services at the target prices established under 
subsection 1. 
Sec. 8. 35-A MRSA §9219 is enacted to read: 
§9219. Improving take rates 
To increase the number of subscribers to broadband services in the State so as to 
ensure. all citizens of the State are able to fully take advantage of the economic 
0ppoliunities available through brc ldband Internet connectivity, it is the policy of the 
State to: 
1. Resources of University of Maine. Use the resources of the University of Maine 
to educate citizens about the benefits and opportunities associated with broadband 
services, including but not limited to: 
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A. Distance learning opportunities; 
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B. Opportunities in telemediCine, as defined in Title 22, section 4316; and 
C. State programs available online; 
.. Resources of state agencies. Use the resources of the Department of Econom ic 
and· Community Development and the Executive Department, State Planning Office to 
educate small businesses regarding the advantages of broadband access, ilicludi~g but not 
limited to: 
A. Online'business reporting and tax filings; and 
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B. National and global sales opportunities; 
3. Programs to provide computers and' training. 
Fund programs to provide 
computers and computer training to residents of the State; and 
4. Public school laptops. Maintain programs to provide laptop computers to public 
school students. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill: 
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1. Provides a definition of "broadband," using as a model the broadband baseline 
lIsed by the United States Federal Communications Commission; 
2. Establishes a goal of 100% deployment of baseline broadband service by the end 
of 2012 and establishes a policy of prom'oting sustainable private investment to increase 
broadband service that exceeds the minimum levels throughout the State; 
3. Requires state agencies to assist in promoting private investment in broadband 
infrastru,cture to stimulate rapid and sustainable deployment of broadband services; and 
4. 
Requii'es the ConnectME Authority to develop target prices for broadband 
services and establish competitively neutral discounts to customers in areas where 
services are more expensive than the average metropolitan rates. 
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