An Act To Establish the Maine Broadband Commission
Maine Legislature, Session 124, LD 1012
Committee: Utilities and Energy
Sponsors: DILL, HOBBINS, BERRY, HINCK, PINGREE, ROTUNDO, BARTLETT, MITCHELL
Amends: 5 MRSA §12004-G, 35-A MRSA §9216

Legislative Document 
No. IOU 
H.P. 
House of Representatives, March 12,2009 
An Act To Establish the Maine Broadband Commission 
(EMERGENCY) 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative DILL of Cape Elizabeth. 
Cosponsored by Senator HOBBINS of York and 
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frJ.1l/!I£:Fv.-~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERRY of Bowdoinham, HINCK of Portland, Speaker PINGREE of North 
Haven, PlOTT! of Unity, ROTUNDO of Lewiston, Senators: BARTLETT of Cumberland, 
President MITCHELL of Kennebec. 
Printed on rccyd~d 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 issue in this legislation IS sensitive to a prescribed federal schedule as 
established by the Federal Commulli~atioIis Commission, and this issue must be resolved 
before the end of the legislative session; 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. 5 MRSA §12004-G, sub-§30-D is enacted to read: 
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30·1). 
Public Utilities 
Maine Broadband 
Commission 
Legislative Per 
Diem and Expenses 
35-A MRSA §9216 
Sec. 2. 35-A MRSA §9216 is enacted to read: 
§9216. Maine Broadband Commission 
1. Establishment; membership. The Maine Broadband Commission, referred to in 
this section as "the commission," is established pursuant to Title 5, section 12004-G, 
subsection 30-D to lease or sell excess broadband capacity resulting from the conversion 
of the education broadband spectrum from analog to digital. The commission is created 
to advise the University of Maine System on the issue of the transition of the broadband 
spectrum from analog to digital. The commission shall negotiate and enter into lease or 
sales agreements with service providers and ensure that the leases and sales potentials and 
revenues are fully realized for the benefit of the educational system and the State. The 
commission shall also work to establish a sustainable model in building networks and as a 
facilitator of infrastructure development to attract private investment and economic 
opportunities. 
The commission is created as a body corporate and politic and a public instrumentality of 
the State. The commission consists of the following 15 voting members: 
A. Two members of the Senate, appointed by the President of the .Senate, and one 
member with expertise in a field relevant to obtaining the maxinlum public benefit 
from the lease and sale of education broadband capacity, one member from the 
Department of Public Safety and one member from the Department of 
Transportation, appointed by the President of the Senate; 
B. Two members of the House of Representatives, appointed by the Speaker of the 
House, and one member with expertise in a field relevant to obtaining the maximum 
public benefit from the lease and sale of education broadband capacity, one member 
Page I -124LR0942(Ol)-1 
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from the Department of Economic and Community Development and one member of 
a statewide public broadcasting network, appointed by the Speaker of the House; and 
c. One member each from the ConnectME Authority, the University of Maine 
System, the Maine Community College System and the executive branch, and one 
member with expertise in a field relevant to obtaining the maximum public benefit 
from the lease and sale of education broadband capacity, appointed by the Governor. 
Members must be appointed within 30 days of the effective date of this section. 
Compensation of members is as provided in Title 5, section 12004-G, subsection 30-D. 
2. Terms; chair; vacancies. All nonlegislative members of the commission are 
appointed for 3-year terms. 
The first-named Senator is the Senate chair of the 
commission and the first-named member of the House is the House chair of the 
commission: In the event of a vacancy in the membership, the appointing authorities 
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shall appoint a replacement member for the remainder of that vacated term. Each member 
of the commission serves until that member's successor is appointed and qualified. Any 
member of the commission is eligible for reappointment. Legislative members serve 
during the term of office for which they were elected and may serve beyond their 
designated term until their successors are appointed. 
3.. Officers; quorum. The commission may elect a secretary and a treasurer, who 
must be members of the commissiOll. Seven members of the commission constitute a 
quorum, and the affirmative vote of 7 members is necessary for any action taken by the 
commission. 
4. Participation by members. A member may participate in a meeting of the 
commission and place a vote electronically or telephonically as long as members of the 
public have an opportunity to listen to the deliberations of the commission and otherwise 
participate in or observe the proceedings of the commission consistent with Title 1, 
section 405. 
5. Duties. 
In order to carry out the purposes of this section, the commission has the 
following powers with respect to its mission to lease or sell excess broadband capacity 
together with all powers incidental to those powers or necessary for the performance of 
the following: 
A. To adopt bylaws and, pursuant to Title 5, chapter 375, adopt any rule necessary or 
useful for carrying out any of its powers or duties pursuant to this section .. Rules 
adopted by the commission are routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A; 
. 
B. To enter into lease or sales agreements in furtherance of the purposes of this 
section; 
C. 
To make and execute contracts and all other instruments, including financial 
documents, and enter into such transactions as necessary or convenient for the 
exercise of its powers and functions under this section; 
D. To the extent pennitted under any agreement or contract, to consent to any 
modification of any contract, lease, indenture or agreement of any kind to which the 
commission is a party; 
E. To procure insurance against any loss in comlection with its securities and its 
property and other assets in such amounts and from such insurers as it considers 
desirable; and 
F. To sue or initiate or appear in any proceedirig, and the commission may be sued 
on its written contracts or in accordance with Title 1, section 409; Title 5, chapter 
375; or Title 14, chapter 741. 
6. Revenue received. 
Any revenue received from the lease or sale under this 
section of broadband capacity is dedicated to the enhancement of the University of Maine 
System and the Maine Community College System, as well as working towards 
establishing a sustainable model in building networks and as a facilitator of infrastructure 
development under subsection 1. For the purposes of this section, the revenue must be 
deposited with the Treasurer of State. 
7. Reports. 
By February I st of each year, the commission shall submit a report on 
the commission's annual activities, including the status of all leases and sales of 
broadband capacity and full amounts of revenue acquired, to the joint standing 
committees of the LegislatUre having jurisdiction over utility matters and educational 
matters. 
Sec. 3. Stimulus funds. 
The Commissioner of Administrative and Financial 
Services, in the commissioner's role of monitoring the legislative progress of the federal 
stimulus plan, knoyvn as the American Recovery and Reinvestment Act of 2009, shall in a 
timely manner consult with the agencies and institutions affected by the broadband 
conversion from analog to digital and the subsequent task of the development of the 
telecommunications infrastructure of broadband investment, such as the University of 
Maine System, the Department of Economic and Community Development, the 
Department of Public Safety and the Department of Transportation, and ascertain how to 
maximize access to the stimulus funds· in order to carry out the purposes of this Act. The 
commissioner is authorized to submit any legislation for the purpose of gaining funds 
necessary to the 124th Legislature. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill directs the Commissioner of Administrative and Financial Services to 
ascertain, in consultation with appropriate entities, the maximum funds available from the 
federal stimulus plan to carry out the purposes of this bill. The bill also establishes the 
Maine Broadband Commission in order to lease or sell excess broadband capacity 
resulting from the conversion of the broadband spectrum from analog to digital. The 
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commission is created to advise the University of Maine System on the issue of the 
. transition of the broadband spectrum from analog to digital. 
The commission is to 
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negotiate and to enter into lease or sales agreements with service providers and ensure the 
leases and sales potentials and rev'enues are fully realized for the benefit of the 
educational system and the State and to work' to the goal of broadband access for 
everyone in the State.