An Act To Implement Recommendations To Reform Telecommunications Regulation
Maine Legislature, Session 125, LD 1784
Committee Amendment CA_A_H869 (House)
Amends: 35-A MRSA §102, 35-A MRSA §113, 35-A MRSA §508, 35-A MRSA §707, 35-A MRSA §708, 35-A MRSA §912, 35-A MRSA §2101, 35-A MRSA §2102, 35-A MRSA §7501, 35-A MRSA §7501-B, 35-A MRSA §7502, 35-A MRSA §116, 35-A MRSA §2301, 35-A MRSA §2305-A, 35-A MRSA §2307, 35-A MRSA §230, 35-A MRSA §2310, 35-A MRSA §2515, 35-A MRSA §2522, 35-A MRSA §7104, 35-A MRSA §7104-B, 35-A MRSA §7106, 35-A MRSA §7902, 35-A MRSA §7903, 35-A MRSA §8302, 35-A MRSA §307-A, 35-A MRSA §507, 35-A MRSA §703, 35-A MRSA §1105, 35-A MRSA §7102, 35-A MRSA §7701, 35-A MRSA §8901, 35-A MRSA §9106, 25 MRSA §2929, 35-A MRSA §120

COMMITTEE AMENDMENT "A " 
to H.P. 1309, L.D. 1784, Bill, "An Act To 
Implement Recommendations To Reform Telecommunications Regulation" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Reform Telecommunications Regulation' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'PART A 
Sec. A-I. 35-A MRSA §102, sub-§6-B is enacted to read: 
6-B. Federal interconnection rights and obligations. "Federal interconnection 
rights and obligations" means the rights and obligations of a telecommunications entity 
under 47 United States Code, Sections 251 and 252 or any other provision of federal law 
or regulation governing telecommunications network facility interconnection or 
wholesale access rights and obligations to the extent the rights and obligations under the 
federal law or regulation may be regulated or overseen by the commission. 
Sec. A-2. 35-A MRSA §102, sub-§§9-B to 9-E are enacted to read: 
9-B. 
Incumbent local exchange carrier. 
"Incumbent local exchange carrier" 
means, with respect to an area, the local exchange carrier that on February 8, 1996 
provided telephone exchange service in the area and: 
A. 
On February 8, 1996 was deemed to be a member of the exchange carrier 
association pursuant to 47 Code of Federal Regulations, Section 69.601(b); or 
B. Is a person or entity that, on or after February 8, 1996, became a successor or 
assign of a member described in paragraph A. 
9-C. Interconnected voice over Internet protocol service. "Interconnected voice 
over Internet protocol service" means a service that enables real-time, 2-way voice 
communications; requires a broadband connection from the user's location; and permits 
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to H.P. 1309, L.D. 1784 
users generally to receive calls that originate on the public switched telephone network 
and to terminate calls to the public switched telephone network. 
9-D. Interexchange carrier. "Interexchange carrier" means any person, association, 
corporation or other entity that provides intrastate interexchange telecommunications 
services, including a local exchange carrier that provides interexchange service. 
9-E. Local exchange carrier. "Local exchange carrier" means any person that is 
engaged in the provision of telephone exchange service or exchange access. 
"Local 
exchange carrier" does not include a person insofar as that person is engaged in the 
provision of a commercial mobile service under 47 United States Code, Section 332(c), 
unless the commission by rule determines that the Federal Communications Commission 
includes such service in the definition of the term. "Local exchange carrier" does not 
include a person insofar as that person is engaged in the provision of interconnected voice 
over Internet protocol service unless the person is providing provider of last resort 
service. "Local exchange carrier" does not include a person insofar as the person is a 
dark fiber provider. 
Sec. A-3. 3S-A MRSA §102, sub-§l1-A is enacted to read: 
ll-A. Provider of last resort service. "Provider of last resort service" has the same 
meaning as in section 7201. 
Sec. A-4. 3S-A MRSA §102, sub-§12-A is enacted to read: 
12-A. Public switched telephone network. "Public switched telephone network" 
means the network of equipment, lines and controls assembled to establish 
communication paths between calling and called parties in North America. 
Sec. A-S. 3S-A MRSA §102, sub-§18-B is enacted to read: 
18-B. Telephone exchange service. "Telephone exchange service" means service 
within a telephone exchange, or within a connected system of telephone exchanges within 
the same exchange area operated to furnish to subscribers intercommunicating service of 
the character ordinarily furnished by a single exchange, and that is covered by an 
exchange service charge, or comparable service provided through a system of switches, 
transmission equipment or other facilities, or combination thereof, by which a subscriber 
can originate and terminate a telecommunications service. 
Sec. A-6. 3S-A MRSA §102, sub-§21-A is enacted to read: 
21-A. 
Voice service provider. 
"Voice service provider" means anv oerson 
providing, directly or indirectly, 2-way voice communications service for compensation 
in this State. "Voice service provider" does not include a dark fiber provider. 
Sec. A-7. 3S-A MRSA §102, sub-§24 is enacted to read: 
24. Wholesale competitive local exchange carrier. "Wholesale competitive local 
exchange carrier" means a local exchange carrier, other than an incumbent local exchange 
carrier, that provides a wholesale telecommunications service but does not provide 
telephone exchange service to a retail subscriber. 
Sec. A-8. 3S-A MRSA §112, as amended by PL 2003, c. 505, §§7 and 8, is 
further amended to read: 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A" to H.P. 1309, L.D. 1784 
§112. Power to obtain information 
1. Investigation of management of business. The commission may inquire into the 
management of the business of all public utilities and shall keep itself informed as to the 
manner and method in which each is conducted. The provisions of this subsection do not 
apply to any telephone utility other than a provider of provider of last resort service with 
respect to the provision of provider oflast resort service. 
2. Facilities and information to be furnished. Every public utility shall furnish the 
commission with: 
A. All reasonable facilities for the prompt and faithful discharge of its duties; and 
B. All information necessary to perform its duties and carry into effect this Title. If 
it is unable to furnish the information, it shall give a good and sufficient reason for 
the failure, and the reason for the failure shall be verified by an officer, owner or 
agent of the public utility and returned to the commission at its office within the time 
fixed by the commission. 
The provisions of this subsection do not apply to any telephone utility other than a 
provider of provider of last resort service with respect to the provision of provider of last 
resort service. 
3. Inspection of books and papers; confidentiality. The following provisions 
apply to inspection of books and papers. 
A. The commission or any commissioner or any person employed by it for that 
purpose, may upon demand inspect and copy the books, accounts, papers, records and 
memoranda of any public utility in relation to its business and affairs. 
B. A person other than a commissioner must produce his authority to make an 
inspection. 
C. A person employed by the commission to inspect utilities documents may not 
divulge information ascertained by inspection except: 
(1) To the commission; or 
(2) Under direction of the commission. 
D. Any person who violates this subsection is guilty of a Class E crime. 
The provisions of this subsection do not apply to any telephone utility other than a 
provider of provider of last resort service with respect to the provision of provider of last 
resort service. 
4. Production of documents; failure to obey. The commission may require the 
production of documents as follows. 
A. The commission may require, by order or subpoena to be served on any public 
utility or its agent in the same manner that a summons is served in a civil action in the 
Superior Court, the production of any books, accounts, papers, records or verified 
copies of them kept by a public utility or within the control of a public utility in any 
office or place within or outside the State, so that an examination may be made by the 
commission or under its direction. 
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C. Subject to the requirements of the United States Constitution and the Constitution 
of Maine and upon a finding that there is probable cause to believe that a public 
utility is altering, amending, removing or destroying any of its books, accounts, 
papers or records in an attempt to frustrate an investigation of the commission, a 
Judge of the District Court or a Justice of the Peace, at the request of the commission 
and without notice, may issue a search warrant requiring seizure of those documents 
that are necessary for the commission to discharge its duties. 
The provisions of this subsection do not apply to any telephone utility other than a 
provider of provider of last resort service with respect to the provision of provider of last 
resort service. 
5. Telephone utilities. Every telephone utility, dark fiber provider, voice service 
provider and wholesale competitive local exchange carrier shall provide to the 
commission upon request or order information relevant to the commission's 
implementation or enforcement of any provision of state or federal law or rule to which 
the telephone utility, dark fiber provider, voice service provider or wholesale competitive 
local exchange carrier is subject and over which the commission exercises authority or 
jurisdiction. A telephone utility, dark fiber provider, voice service provider or wholesale 
competitive local exchange carrier that fails to comply with a commission order directing 
the production of information relevant to the commission's implementation or 
enforcement of a provision of state or federal law or rule to which the telephone utility, 
dark fiber provider, voice service provider or wholesale competitive local exchange 
carrier is subject and over which the commission exercises authority or jurisdiction is in 
violation of this subsection. 
Sec. A-9. 35-A MRSA §113, sub-§4 is enacted to read: 
4. Telephone utilities. This section does not apply to any telephone utility other 
than a provider of provider of last resort service. The commission may not conduct or 
require a management audit under subsection 1 or 2 of a provider of provider of last 
resort service unless the commission finds that there is no less burdensome means of 
obtaining the information sought to be obtained in the management audit and: 
A. The provider has filed for an increase in provider of last resort service rates; 
B. The provider has filed for an increase in funding from a state universal service 
fund under section 7104: or 
C. The commission, following an investigation, finds that the provider's provider of 
last resort service quality has declined in a manner contrary to the public interest. 
Sec. A-tO. 35-A MRSA §508 is enacted to read: 
§508. Telephone utilities 
The provisions of this chapter do not apply to a telephone utility other than a provider 
of provider of last resort service with respect to its provider of last resort service 
accounts. The commission may not require a provider of provider of last resort service to 
keep its accounts in a manner that is substantially different from federal accounting 
standards applicable to telecommunications companies under 47 Code of Federal 
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.. to H.P. 1309, L.D. 1784 
Regulations, Part 32 or any replacement accounting standards adopted by the Federal 
Communications Commission. 
Sec. A-H. 35-A MRSA §707, sub-§l, as enacted by PL 1987, c. 141, Pt. A, §6, 
is amended to read: 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following tenns have the following meanings. 
A. "Affiliated interest" means: 
(1) Any persoR who OWRS directly, iRdirect1y or through a chaiR of successive 
ovmership, 10% or more of the YOtiRg secerities of a peblic etility; With respect 
to a public utility other than a provider of provider of last resort service: 
(a) 
Any person who owns directly, indirectly or through a chain of 
successive ownership 10% or more of the voting securities of a public utility; 
Cb) Any person, 10% or more of whose voting securities are owned, directly 
or indirectly, by an affiliated interest as defined in division (a); 
Cc) Any person, 10% or more of whose voting securities are owned, directly 
or indirectly, by a public utility; 
Cd) Any person, or group of persons acting in concert, that the commission 
may detennine, after investigation and hearing, exercises substantial 
influence over the policies and actions of a public utility, if the person or 
group of persons beneficially owns more than 3% of the public utility's 
voting securities; or 
Ce) Any public utility of which any person defined in divisions Ca) to Cd) is 
an affiliated interest; or 
(2) Any persoR, 10% or more of '+¥hose votiRg secl:lfities are ovmed, directly or 
indirectly, by aR affiliated interest as defined iR subparagraph (1); With respect to 
a provider of provider of last resort service: 
Ca) 
Any person who owns directly, indirectly or through a chain of 
successive ownership 25% or more of the voting securities of a provider of 
provider of last resort service; 
Cb) Any person, 25% or more of whose voting securities are owned, directly 
or indirectly, by a provider of provider of last resort service; 
ec) Any person, or group of persons acting in concert, that the commission 
may determine, after investigation and hearing, exercises substantial 
influence over the policies and actions of a provider of provider of last resort 
service, if the person or group of persons beneficially owns more than 3% of 
the provider's voting securities; or 
(d) Any provider of provider of last resort service of which any person 
defined in divisions (a) to Cc) is an affiliated interest. 
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COMMlITEE AMENDMENT "A" to H.P. 1309, L.D. 1784 
(3) AWj person, 10% or more of v.41ose voting seel:H'ities are owned, direetly or 
indireetly, ey a puelie atility; 
(4) Any person, or groap of persons aeting in eoneert, \yhieh the eommissioa 
may deteffBiae, after investigation aBd heariag, exereises saestantial infiaenee 
O'f'er the polieies aad aetions of Ii poohe atility, provided that the person or groap 
of persoas beaefieially OWflS more thaB 3% of the poolia amity's ';otiag 
seearities; or 
(5) Aay puelie atility ofwhieh aay persoa defiaed in sabparagraphs (1) to (4) is 
aa affiliated iaterest. 
B. 
"Transaction" means any dealings between a public utility and its affiliated 
interests as defined in paragraph A vAlieh affests that affect, directly or indirectly, 
any accounting entry of the public utility, as prescribed pursuant to section 501. 
C. "Voting security" means any security or any proprietary or other interest presently 
entitling the owner or holder of the security to vote in the direction or management of 
the affairs of a company. 
Sec. A-l2. 35-A MRSA §707, sub-§6 is enacted to read: 
6. Application. This section does not apply to any telephone utility other than a 
provider of provider of last resort service with respect to affiliated interests that are 
directly related to or that may directly affect provider of last resort service in this State, as 
determined by the commission by rule or order. Rules adopted under this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. A-l3. 35-A MRS A §708, sub-§l, ~C is enacted to read: 
C. "Controlling interest" means: 
(1) Voting power over voting shares of a corporation or entity that entitle the 
holders of those shares to cast at least 25% of the votes that all shareholders are 
entitled to cast in an election of the directors of the corporation or entity; or 
(2) Voting power over at least 25% of the shares in any class of shares entitled to 
elect all the directors or any specified number of the directors. 
For the purposes of this section, a person does not have a controlling interest if that 
person holds voting power, in good faith and not for the purpose of circumventing 
this section, as an agent, bank, broker, nominee or trustee for one or more beneficial 
owners who do not individually or, if they are a group acting in concert, as a group 
have the voting power specified under this paragraph or who are not considered to 
have a controlling interest under this paragraph. 
A person has voting power over a voting share if that person has shares, directly or 
indirectly, through any option, contract, arrangement, understanding, voting trust or 
conversion right or, by acting jointly or in concert or otherwise, has the power to 
vote, or to direct the voting of, that voting share. 
Sec. A-14. 35-A MRSA §708, sub-§5 is enacted to read: 
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COMMITTEE AMENDMENT "~,, to H.P. 1309, L.D. 1784 
5. Limitation. The provisions of this section do not apply to any telephone utility 
other than a provider of provider of last resort service and apply to a provider of provider 
of last resort service only if the reorganization results in a merger. sale or transfer of a 
controlling interest of the provider of provider of last resort service. 
Sec. A-15. 35-A MRSA §912, as amended by PL 2001, c. 137, §5, is further 
amended to read: 
§912. Exemption for certain telephone utilities 
The provisions of this chapter do not apply to any telephone utility other than a 
provider of provider of last resort service. 
The commission may adopt by rule standards and procedures for granting exemptions 
to a telepRsne utility sr a speeifiee grSl:lfl sf telepRsfle utilities providers of provider of 
last resort service from all or specified portions of this chapter. Any exemption granted 
pursuant to the rule must be accompanied by a finding that the exemption is in the public 
interest aRe will Rot Rl:We a flegatiYe il'Hflaet OR eSl'Hfletitiv:e markets for telepRofle 
serviees. The esmmissisR may limit afl exel'Hfltisn te speeifie gesgrapRie areas. A utility 
granted an exemption pursuant to a rule adopted under this section remains subject to 
other applicable provisions of this Title and commission rules. 
For good cause, as defined by the commission by rule, the commission may revoke 
any exemption granted pursuant to this section. A revocation may be in whole or in part 
and may be specific to a single telephone utility sr a single utility provider of provider of 
last resort service. 
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter H-A 2-A. 
Sec. A-16. 35-A MRSA §2101, as corrected by RR 2001, c. 2, Pt. B, §54 and 
affected by §58, is amended to read: 
§2101. Organization of certain public utilities 
A publie utility for the operation sf telephofles provider of provider of last resort 
service. a local exchange carrier and a public utility for the purpose of making, selling, 
distributing and supplying gas or electric transmission and distribution service or for the 
operation of water utilities, ferries or public heating utilities in any municipality, or 2 or 
more adjoining municipalities, within the State, may be organized as a legal entity 
authorized under the laws ofthe State, including Title 13-C. 
Sec. A-17. 35-A MRSA §2102, as amended by PL 2009, c. 612, §§5 and 6, is 
further amended to read: 
§2102. Approval to furnish service 
The following provisions apply to furnishing service. 
1. Approval required. Except as provided in subsection 2 and in section 4507, a 
public utility may not furnish any of the services set out in section 2101 in or to any 
municipality in or to which another public utility is furnishing or is authorized to furnish 
a similar service, aRe a dark fiber provider may not offer federally sl:lflported eark fiber, 
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without the approval of the commission. The commission may condition approval upon 
the submission of a bond or other financial security if the commission determines that 
such a requirement is necessary to ensure that a public utility has the financial ability to 
meet its obligations under this Title. 
A. 
The eOffHRissioa may ROt graat appFOJial to a telephoae utility uader this 
s1:lbseetioa ualess the telephoae utility submits eyideaee satisfaetory to the 
eommissioa that the telephoae utility has at least $250,000 ia fixed assets iB this State 
or the telephoBe 1:ltility p1:1Fehases and maiBtaiBs a surety boad satisfaetory to the 
eommissioB ia the amouat of $250,000 to eBS1:1Fe the telephoae 1:ltility has the 
fiaaneial ability to meet its obligatioas uader this Title. This paragraph does BOt 
apply to a telephoae utility a1:lthonzed to pFO''lide telephoae serviee ia this State oa 
the effeetiYe date of this paragraph. 
2. Approval not required. Except as provided in section 2104, the commission's 
approval is not required for a public utility to furnish service in any municipality in which 
that public utility is furnishing service on October 8, 1967. A"flproyal is BOt required for 
the operatioa of a radio pagiag serviee or mobile teleeomm1:lRieatioas serviees. Approval 
is not required for a transmission and distribution utility to distribute electricity to any 
other transmission and distribution utility. 
3. Exemption for certain telephone utilities. The eOHlfllissioa by rule may exeRlflt 
a speeified telephoae 1:ltility or groUfl of telephoae utilities from obtaiaiag the appro'r'al 
required by sooseetioB 1 if the eOfm'Bissioa fiads that the eURlfltioa will BOt result ia 
uajust or uareasoaable rates or iaadequate serviee for any telephoae 1:ltility eustomers. 
The eommissioa may limit the eJeeRlfltioa to speeified geographie areas. For good ea1:lse, 
as proyided ia the rule establishiag the exeRlfltioa, the eommissioa may reJr'oke aa 
exemptioa ia Y,4101e or ia part, iaeludiag an eJeemptioa graBted to a siagle telephoae 
1:ltility. A telephoae 1:ltility that is eJeempt from the appFOval requiremeat of subseetioa 1: 
The provisions of this section do not apply to any telephone utility except a provider of 
provider of last resort service with respect to the provision of provider of last resort 
service and a local exchange carrier. 
A. 
Before eOflllHeaeiag serviee, shall aotify the eommissioa of its imem to 
eommea6e the exempted serviee aad provide aay other iaformatioa the eommissioa 
may require; 
B. Shall obtaia the appFOval of the eommissioa uader subseetioa 1 to provide aDj' 
serviee other thaa the serviees sl"eeified ia the eJ.emptioa graated by the eommissioa 
1:lBder this slibseetioa; and 
C. Remaias subjeet to any other applieable provisioBS of this Title and sommissioa 
rule&: 
Rules adopted P1:1Fsuaflt to this subseetion are major substafltive rules as defiaed ia Title 
5, ehal"ter 375, subshapter II A and m1:lst be submitted to the Joiat Standing Committee 
oa Utilities aad Baergy by January 1, 1999. 
4. Dark fiber provider. The eommissioa shall issue its order apl"FOviag or deayiag 
an al"l"lieatioa from a dark fiber provider for approval lHlder this seetioa, iaeludiag its 
deeisioa oa any waivers or exeRlfltioas requested by the dark fiber I"rovider ia 
eoajuaetioa with its al"l"lieatioa, vr'ithia 60 days of reeeil"t of the al"l"lieatioa, exeel"t that if 
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COMMITIEE AMENDMENT ,,~ " to H.P. 1309, L.D. 1784 
the eommissioH detemHHeS that it reEtHires additioHal time, it may exteHd its re'liew aHd 
issl:le its order HO later thaa 90 says after reeei13t of the a1313lieatioH. 
Sec. A-IS. 35-A MRSA c. 72 is enacted to read: 
CHAPTER 72 
TELECOMMUNICATIONS REGULATORY REFORM 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§7201. Definitions 
As used in this chapter, unless the context otherwise indicates, the following tenus 
have the following meanings. 
1. Access to directory assistance. "Access to directory assistance" means access to 
a service that includes, but is not limited to, making available to customers, upon request, 
information contained in directory listings. 
2. Access to emergency services. "Access to emergency services" means access to 
emergency services, as defined in Title 25, section 2921, subsection 5, through 9-1-1 or 
enhanced 9-1-1 service, as defined in Title 25, section 2921, subsection 6, to the extent a 
local government in the service area of a provider of last resort service provides 9-1-1 or 
enhanced 9-1-1 services. 
3. Access to interexchange service. "Access to interexchange service" means the 
use of the wire line loop, as well as that portion of the switch that is paid for by the end 
user, or the functional equivalent of these network elements in the case of a wireless 
carrier, necessary to access an interexchange carrier's network. 
4. Access to operator services. "Access to operator services" means access to any 
automatic or live assistance by a consumer to arrange for billing for or completion of a 
telephone call or both. 
5. 
Dual-tone multifrequency signaling. 
"Dual-tone multifreguency signaling" 
means a method of signaling that facilitates the transportation of signaling through a 
network, shortening call set-up time. 
6. Local usage. "Local usage" means an amount of minutes of use of exchange 
service within a certain area, prescribed by the commission, provided for a flat rate to end 
users. 
7. Provider of last resort service. "Provider of last resort service" means a flat-rate 
service with voice grade access to the public switched telephone network; local usage 
within the basic service calling areas of incumbent local exchange carriers as of January 
1, 2012; dual-tone multi frequency signaling or its functional equivalent; single-party 
service or its functional equivalent; access to emergency services; access to operator 
services; access to interexchange service; access to directory assistance; toll limitation for 
qualifying low-income customers; and the capacity to maintain uninterrupted voice 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1309, L.D. 1784 
service during a power failure, either through the incorporation into the network or 
network interface devices of suitable battery backup or through electric current. 
S. Service provider. "Service provider" means an entity designated as a provider of 
provider of last resort service under this chapter. 
9. Single-party service. "Single-party service" means telecommunications service 
that permits users to have exclusive use of a wire line subscriber loop or access line for 
each call placed or, in the case of wireless telecommunications carriers that use spectrum 
shared among users to provide service, a dedicated message path for the length of a user's 
particular transmission. 
10. Toll limitation for qualifying low-income customers. "Toll limitation for 
qualifying low-income customers" means a service provided to customers of provider of 
last resort service that meet income qualifications established by the commission by rule 
that allows those customers: 
A. To elect not to allow the completion of outgoing toll calls; or 
B. To limit the amount of toll usage that the customer may incur. 
With respect to a service provider that has the capacity to allow customers both options 
described in paragraphs A and B. "toll limitation for qualifying low-income customers" 
means a service that offers both options to those customers. With respect to a service 
provider that does not have the capacity to allow customers both options, "toll limitation 
for qualifying low-income customers" means a service that offers one of the options to 
those customers. 
11. Voice grade access. "Voice grade access" means a functionality that offers a 
minimum bandwidth range of 300 to 3,000 hertz that enables a user of 
telecommunications services to transmit voice communications, including signaling the 
network that the caller wishes to place a call, and to receive voice communications, 
including receiving a signal indicating there is an incoming call. 
SUBCHAPTER 2 
PROVIDER OF LAST RESORT SERVICE 
§7221. Designation of service providers 
1. Initial designation of service providers. An entity that was an incumbent local 
exchange carrier as of January 1, 2012 shall provide provider oflast resort service within 
its service area. 
2. Reassignment of service provider obligation. A service provider may petition 
the commission for authorization to assign its provider of last resort service obligation for 
a given geographic area to another voice service provider. The commission shall by rule 
develop a process for identifying and approving replacement service providers, but in no 
event may a voice service provider be designated as a replacement service provider 
without the express consent of the voice service provider. 
Before authorizing the 
reassignment of the provider of last resort service obligation to another voice service 
provider, the commission shall ensure that the voice service provider possesses the 
financial and technical capability to meet all provider of last resort service standards set 
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by the commission by rule. The commission may not reassign the provider of last resort 
service obligation to any entity that would provide the service only as a reseller, as 
determined by the commission by rule. 
3. Modification of service obligations. Notwithstanding section 7201, subsection 7, 
the commission, in an adjudicatory proceeding, may relieve a service provider of the 
requirement that it have the capacity to maintain uninterrupted voice service during a 
power failure, either through the incorporation into the network or network interface 
devices of suitable battery backup or through electric current. The commission may grant 
the relief only if it finds that doing so is in the public interest. In determining that 
granting relief under this section is in the public interest, the commission must find that 
the benefits that would accrue to customers of the provider of last resort service from 
providing the relief would exceed the benefits to those customers of preserving the 
requirement. 
§7222. Revenue requirements of service providers 
The initial rates for provider of last resort service are those rates in effect for basic 
local exchange service for each incumbent local exchange carrier in the service area of 
that carrier as of January 1, 2012. 
§7223. Provider of last resort service consumer protection 
A service provider in accordance with rules adopted by the commission: 
1. Information. Shall provide customers adequate and timely information about 
provider of last resort service including posting in an easily discoverable location on its 
publicly accessible website its rate for provider oflast resort service; 
2. Fairness. Shall treat its customers in a nondiscriminatory manner and may not 
unreasonably deny or disconnect provider of last resort service; and 
3. 
Consumer protection. 
Shall comply with minimum consumer protection 
standards for provider of last resort service essential to the preservation of good quality, 
affordable provider of last resort service throughout the State. 
A customer of a service provider may seek redress from the commission in 
accordance with any applicable provisions of this Title with respect to provider of last 
resort service. regardless of any other services the customer may take from the service 
provider. 
A service provider may not disconnect a provider of last resort service 
customer from provider of last resort service except in accordance with rules adopted by 
the commission. This section does not authorize the commission to regulate services 
other than provider of last resort service, including but not limited to discontinuance by 
the service provider of any other services to the customer. 
§7224. Ancillary services 
If a service provider offers an ancillary service to any customer, it shall offer that 
service to its provider of last resort service customers individually in conjunction with 
provider of last resort service and may not require that the ancillary service be bundled 
with any other ancillary services. For purposes of this section, "ancillary service" means 
a service that allows a customer to manage the display of information identifying the 
COMMITTEE AMENDMENT 
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COMMITIEEAMENDMENT"A"toH.P.1309, L.D.1784 
originator of a voice call or to manage the delivery of a voice call, including but not 
limited to call waiting and call forwarding, and is related to the provisioning of voice 
grade access to the public switched telephone network so that the customer is unable to 
obtain a functionally equivalent service from any device or service offered by an entity 
other than the service provider. 
§7225. Service quality 
1. Service quality reporting. The commission by rule shall establish service quality 
indicators with respect to which service providers shall regularly report. The service 
quality indicators may relate only to: 
A. Network trouble rates; 
B. The percentage of network troubles not resolved within 24 hours; 
C. The percentage of installation appointments not met; 
D. The average delay, in days, for missed installation appointments; and 
E. Service outages. 
2. Commission review of service quality. The commission by rule shall establish 
provider of last resort service quality standards. The commission may impose penalties 
or require a service provider to provide rebates or rate reductions if the commission finds, 
after investigation, that a service provider has failed to meet service quality standards. 
3. Rules. Rules adopted under this section may establish appropriate penalties, 
rebates or rate reductions that may be applied if the commission finds, after investigation, 
that a service provider has failed to meet service quality standards. Rules adopted under 
this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
§7226. Certain information requirements and limitations 
Notwithstanding section 112, the commission may not require a service provider: 
1. Infrastructure maps. To provide to the commission infrastructure maps that 
contain a level of detail that is greater than the infrastructure maps filed for that service 
provider's service territory prior to March 1, 2012 or that depict the infrastructure 
connecting interoffice facilities to remote terminals and digital loops; or 
2. Outage reporting. To submit notices to the commission of unscheduled service 
outages or notices of restorations of service earlier than 7 calendar days following the 
restoration of service. 
§7227. Rules 
The commission shall adopt rules to implement this subchapter. Except as otherwise 
provided in this subchapter, rules adopted under this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
SUBCHAPTER 3 
REGULATORY REFORM 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1309, L.D. 1784 
§7231. Laws that apply only to service providers 
Notwithstanding any other provision of law, the provisions listed in subsections 1 to 
do not apply to a telephone utility except service providers with respect to the provision 
of provider of last resort service: 
1. Regulation and control of public utilities. The following sections of chapter 7: 
A. Section 703 relating to discounts and discrimination; 
B. Section 704 relating to termination of utility services; 
C. Section 705 relating to utility deposits; 
D. Section 706 relating to tenant liability for landlord utility bills; 
E. Section 713 relating to unregulated business ventures; and 
F. Section 715 relating to rules of the commission; 
2. Sales. leases and mortgages of property. The following sections of chapter 11: 
A. Section 1101 relating to authorization; and 
B. Section 1103 relating to transfer of utility stock; 
3. Procedure. The following sections of chapter 13: 
A. Section 1302 relating to complaints; and 
B. Section l303 relating to investigations; and 
4. Telephone lines. The following sections of chapter 79: 
A. Section 7904 relating to purchasing and taking land for public use. 
§7232. Laws that apply only to service providers and local exchange carriers for 
limited purposes 
Notwithstanding any other provision of law. the provisions listed in subsections 1 to 
do not apply to a telephone utility except service providers with respect to the provision 
of provider of last resort service and local exchange carriers with respect to federal 
interconnection rights and obligations: 
1. Rates of public utilities. The provisions of chapter 3 relating to the rates of 
public utilities. 
The commission may adopt by rule standards and procedures for granting exemptions 
from all or specified portions of chapter 3 to service providers with respect to the 
provision of provider of last resort service or to local exchange carriers with respect to 
federal interconnection rights and obligations. Any exemption granted pursuant to rule 
must be accompanied by a finding that the exemption is in the public interest and will not 
result in unjust or unreasonable rates or have a negative impact on competitive markets 
for telephone services. The commission may limit an exemption to specific geographic 
areas. An entity granted an exemption pursuant to a rule adopted under this section 
remains subject to otherwise applicable provisions of chapter 3. 
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COMMITTEE AMENDMENT "A" to H.P. 1309, L.D. 1784 
For good cause, as defined by the commission by rule, the commission may revoke any 
exemption granted pursuant to this subsection. A revocation may be in whole or in part 
and may be specific to individual entities or services. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A; 
2. Regulation and control of public utilities. The following sections of chapter 7: 
A. Section 701 relating to special privileges; 
B. Section 702 relating to unjust discrimination; 
C. Section 709 relating to insider transactions; 
D. Section 710 relating to accident investigations; 
E. Section 712 relating to competitive bidding; and 
F. Section 714 relating to notice of certain business activities: 
3. Authorization of sales, leases and mortgages of property. The following 
sections of chapter 11: 
A. Section 1102 relating to unnecessary property; and 
B. Section 1104 relating to abandonment of property or service; 
4. Procedure. The following sections of chapter 13: 
A. Section 1306 relating to commission decisions; 
B. Section 1307 relating to enforcement of decisions; 
C. Section 1308 relating to reparation or adjustments; 
D. Section 1309 relating to adjustment of excessive rates; and 
E. Section 1323 relating to exhausting of rights before the commission; and 
5. Sanctions and administrative penalties. The following sections of chapter 15: 
A. 
Section 1511 relating to revocation and suspension of authority to provide 
service. 
§7233. Laws that apply only to service providers and local exchange carriers 
Notwithstanding any other provision of law, the provisions listed in subsection 1 do 
not apply to a telephone utility except service providers with respect to the provision of 
provider of last resort service and local exchange carriers: 
1. Organization, powers and service territory. The following sections of chapter 
21: 
A. Section 2105 relating to approval after hearing; 
B. Section 2107 relating to approval only to Maine corporations; 
C. Section 2108 relating to holding real estate; and 
D. Section 2110 relating to extension of service. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 1309, L.D. 1784 
§7234. Interconnected voice over Internet protocol service 
Notwithstanding any other provision of law, a person, insofar as that person is 
providing interconnected voice over Internet protocol service, is not subject to any 
regulation under this Title as a telephone utility or as a public utility unless the person is 
providing provider of last resort service. Nothing in this section affects the application of 
any provision of this Title that otherwise expressly applies to a person providing 
interconnected voice over Internet protocol service or to voice service providers. 
§7235. Dark fiber providers 
Notwithstanding any other provision of law, a person, insofar as that person is a dark 
fiber provider, is not subject to any regulation under this Title as a telephone utility or as 
a public utility. Nothing in this section affects the application of any provision of this 
Title that otherwise expressly applies to a dark fiber provider. 
Sec. A-19. 35-A MRSA §7501, as enacted by PL 1987, c. 141, Pt. A, §6, is 
repealed. 
Sec. A-20. 35-A MRS A §7501-A, as enacted by PL 1991, c. 45, is repealed. 
Sec. 1\-21. 35-A MRSA §7501-B is enacted to read: 
§7501-B. Directories 
A telephone utility is not required to publish a hard-copy telephone directory. A 
provider of provider of last resort service shall annually offer its provider of last resort 
service customers the option to receive a telephone directory in an electronic format or in 
the form of a printout of the electronic database showing the names, addresses and 
telephone numbers of persons and businesses, other than of those who have requested 
unlisted numbers. The service provider shall annually provide notice to each of its 
provider of last resort service customers of this option. 
Sec. A-22. 35-A MRSA §7502, as enacted by PL 1987, c. 141, Pt. A, §6, is 
repealed. 
Sec. A-23. Alternative form of regulation. The Public Utilities Commission 
may not enforce provisions of any order establishing an alternative form of regulation for 
an incumbent local exchange carrier pursuant to the Maine Revised Statutes, Title 35-A, 
chapter 91 that: 
1. 
Prohibit an incumbent local exchange carrier from charging rates for 
nonresidential service that are below the long-run incremental cost of providing that 
service or that establish some other minimum price requirement for services to 
nonresidential customers; 
2. Impose multiplier penalties for repeated failures to meet service quality index 
performance standards with respect to any actions, inactions or other performance of that 
carrier occurring after July 31, 2010. This subsection does not affect the authority of the 
commission to impose base penalties for violations of service quality index performance 
standards or to require continued payment of penalties that have been established for 
violations that occurred prior to August 1,2010; 
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to H.P. 1309, L.D. 1784 
3. 
Impose service quality index performance standards, or impose penalties for 
failure to meet such standards, with respect to any actions, inactions or other performance 
of that carrier occurring after July 31, 2012; or 
4. Require the tariffing of any rates or services other than those relating to provider 
of last resort service under Title 35-A, chapter 72. 
For any incumbent local exchange carrier subject to an order establishing an 
alternative form of regulation pursuant to Title 35-A, chapter 91, the commission, in an 
adjudicatory proceeding, shall establish service standards relating to provider of last 
resort service for the period of August 1,2012 to July 31, 2013. The standards must 
relate only to network trouble rates, the percentage of network troubles not resolved 
within 24 hours, the percentage of installation appointments not met, the average delay, in 
days, for missed installation appointments and service outages. The commission may 
impose penalties, which may not exceed an annual amount of $2,000,000, for violations 
of the standards. 
The Legislature finds that the provisions of this section are appropriate because of 
extraordinarily compelling and unique circumstances, including but not limited to 
dramatic changes in the telecommunications market in recent years, the bankruptcy and 
subsequent emergence from bankruptcy of the largest telecommunications provider in the 
State and the need for regulatory reform of the telecommunications industry. 
Sec. A-24. Directories. Each incumbent local exchange carrier shall publish at 
least one more edition of each telephone directory that it published within the 24 months 
prior to the effective date of this Act. In the last published edition, the carrier shall 
include on the directory cover a prominent notice of customer options relating to 
receiving the directory information pursuant to the Maine Revised Statutes, Title 35-A, 
section 7501-B. 
Sec. A-25. Rates for provider of last resort service. The Public Utilities 
Commission shall convene a stakeholder group to create an appropriate framework for 
establishing rates for provider of last resort service, including methodology, appropriate 
cost considerations and standards for the availability and amount of support from a 
universal service fund established in the Maine Revised Statutes, Title 35-A, section 
7104. The commission shall seek to find the most effective framework to avoid rate 
deaveraging and that keeps rates in high-cost areas as low as is reasonably possible. The 
commission shall invite the participation of as broad and inclusive a group of entities as 
possible, including the Office of the Public Advocate and representatives of affected 
telecommunications industry entities or groups and consumer interest entities or groups, 
and shall involve those entities or groups in a collaborative process that seeks to find as 
much common ground and agreement as reasonably possible. The commission shall 
submit a report to the joint standing committee of the Legislature having jurisdiction over 
utilities and technology matters by January 15, 2013 describing the work of the 
stakeholder group, where agreement was found and where disagreements remain, the 
commission's recommendations and the positions of the stakeholders on those 
recommendations. The joint standing committee may report out a bill related to the 
subject of the report to the First Regular Session of the 126th Legislature. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~" to H.P. 1309, L.D. 1784 
PARTB 
Sec. B-1. 35-A MRSA §116, sub-§l, as amended by PL 2007, c. 478, §l, is 
further amended to read: 
1. 
Entities subject to assessments. 
Every transmission and distribution, gas, 
telephone and water utility and ferry subject to regulation by the commission and every 
qualified telecommunications provider is subject to an assessment on its intrastate gross 
operating revenues to produce sufficient revenue for expenditures allocated by the 
Legislature for the Public Utilities Commission Regulatory Fund established pursuant to 
this section. The budget for the Public Utilities Commission Regulatory Fund is subject 
to legislative review and approval in accordance with subsection 2. The portion of the 
total 
assessment applicable to 
each category of public utility or qualified 
telecommunications provider is based on an accounting by the commission of the portion 
of the commission's resources devoted to matters related to each category. 
The 
commission shall develop a reasonable and practicable method of accounting for 
resources devoted by the commission to matters related to each category of public utility 
or qualified telecommunications provider. Assessments on each public utility or qualified 
telecommunications provider within each category must be based on the utility's or 
qualified telecommunications provider's gross intrastate operating revenues. 
The 
commission shall determine the assessments annually prior to May 1 st and assess each 
utility or qualified telecommunications provider for its pro rata share for expenditure 
during the fiscal year beginning July 1 st. Each utility or qualified telecommunications 
provider shall pay the assessment charged to the utility or qualified telecommunications 
provider on or before July 1 st of each year. Any increase in the assessment that becomes 
effective subsequent to May 1 st may be billed on the effective date of the act authorizing 
the increase. 
A. The assessments charged to utilities and qualified telecommunications providers 
under this section are just and reasonable operating costs for rate-making purposes. 
B. For the purposes of this section, "intrastate gross operating revenues" means 
intrastate revenues derived from filed rates and rates that are exeHlflt froHl filiBg 
requiremeBts I"l:lfSUaBt to fl:lles adol"ted by the eommissioB uBder seetioB 397 A 
charged by a qualified telecommunications provider, except revenues derived from 
sales for resale. 
c. Gas utilities subject to the jurisdiction of the commission solely with respect to 
safety are not subject to any assessment. 
D. The commission may correct any errors in the assessments by means of a credit or 
debit to the following year's assessment rather than reassessing all utilities or 
qualified telecommunications providers in the current year. 
E. The commission may exempt utilities or qualified telecommunications providers 
with annual intrastate gross operating revenues under $50,000 from assessments 
under this section. 
For purposes of this section, "qualified telecommunications provider" means a provider 
of interconnected voice over Internet protocol service that paid any assessment under this 
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COMMITIEE AMENDMENT ,A "to H.P. 1309, L.D. 1784 
subsection, whether voluntarily, by agreement with the commission or otherwise, prior to 
March 1, 2012. 
Sec. B-2. 35-A MRSA §116, sub-§3, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
3. Deposit of funds. All revenues derived from assessments levied against utilities 
or qualified telecommunications providers described in this section shall must be 
deposited with the Treasurer of State in a separate account to be known as the Public 
Utilities Commission Regulatory Fund. 
Sec. B-3. 35-A MRSA §116, sub-§8, as amended by PL 2007, c. 539, Pt. KK, 
§ 13, is further amended to read: 
8. Public Advocate assessment. Every utility or qualified telecommunications 
provider subject to assessment under this section is subject to an additional annual 
assessment on its intrastate gross operating revenues to produce sufficient revenue for 
expenditures allocated by the Legislature for operating the Office of the Public Advocate. 
The portion of this assessment applicable to each category of public utility or qualified 
telecommunications provider is based on an accounting by the Public Advocate of 
resources devoted to matters related to each category. The Public Advocate shall develop 
a reasonable and practicable method of accounting for resources devoted by the Public 
Advocate to matters related to each category of public utility or qualified 
telecommunications provider. 
Assessments on each public utility or qualified 
telecommunications provider within each category must be based on the utility's or 
qualified telecommunications provider's gross intrastate operating revenues. 
The 
revenues produced from this assessment are transferred to the Public Advocate 
Regulatory Fund and may only be used to fulfill the duties specified in chapter 17. The 
assessments charged to utilities and qualified telecommunications providers under this 
subsection are considered just and reasonable operating costs for rate-making purposes. 
The Public Advocate shall develop a method of accounting for staff time within the 
Office of the Public Advocate. All professional and support staff shall account for their 
time in such a way as to identify the percentage of time devoted to public utility and 
qualified telecommunications provider regulation and the percentage of time devoted to 
other duties that may be required by law. 
A. The Public Advocate shall submit its budget recommendations as part of the 
unified current services budget legislation in accordance with Title 5, sections 1663 
to 1665. The assessments and expenditures provided in this section are subject to 
legislative approval. The Public Advocate shall make an annual report of its planned 
expenditures for the year and on its use of funds in the previous year. The Public 
Advocate may also receive other funds as appropriated by the Legislature. 
B. The Public Advocate may use the revenues provided in accordance with this 
section to fund the Public Advocate and 9 employees and to defray the costs incurred 
by the Public Advocate pursuant to this Title, including administrative expenses, 
general expenses, consulting fees and all other reasonable costs incurred to 
administer this Title. 
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COMMITTEE AMENDMENT "A" to H.P. 1309, L.D. 1784 
C-l. Funds that are not expended at the end of a fiscal year do not lapse but must be 
carried forward to be expended for the purposes specified in this section in 
succeeding fiscal years. 
Sec. B-4. 3S-A MRSA §711, sub-§§l and 2, as enacted by PL 1987, c. 141, Pt. 
A, §6, are amended to read: 
1. Joint use permitted. The commission may order that joint use be permitted and 
prescribe reasonable compensation and reasonable terms and conditions for the joint use 
when, after a hearing had upon its own motion or upon complaint of a public utility, voice 
service provider, dark fiber provider, wholesale competitive local exchange carrier or 
cable television system affected, it finds the following: 
A. That public convenience and necessity require the use by one public utility, voice 
service provider, dark fiber provider, wholesale competitive local exchange carrier or 
cable television system of the conduits, subways, wires, poles, pipes or other 
equipment, or any part of them, on, over or under any street or highway and 
belonging to another public utility, voice service provider, dark fiber provider, 
wholesale competitive local exchange carrier or cable television system; 
B. That joint use will not result in irreparable injury to the owner or other users of 
the conduits, subways, wires, poles, pipes or other equipment or in any substantial 
detriment to the service; and 
C. That the public utilities, voice service provider, dark fiber provider, wholesale 
competitive local exchange carrier or cable television system have failed to agree 
upon the use or the terms and conditions or compensation for the use .. 
2. Liability of user. If joint use is ordered, the public utility, voice service provider, 
dark fiber provider, wholesale competitive local exchange carrier or cable television 
system to whom the use is permitted shall be is liable to the owner or other users of the 
conduits, subways, wires, poles, pipes or other equipment for damage that may result 
from its use to the property of the owner or other users. 
Sec. B-S. 3S-A MRSA §lS08-A, sub-§l, as enacted by PL 2003, c. 505, §23, is 
amended to read: 
1. 
Penalty. 
Unless otherwise specified in law, the commission may, in an 
adjudicatory proceeding, impose an administrative penalty as specified in this section. 
A. For willful violations of this Title, a commission rule or a commission order by a 
public utility, voice service provider, dark fiber provider, wholesale competitive local 
exchange carrier or a competitive electricity provider, the commission may impose an 
administrative penalty for each violation in an amount that does not exceed $5,000 or 
.25% of the annual gross revenue that the public utility, voice service provider, dark 
fiber provider, wholesale competitive local exchange carrier or the competitive 
electricity provider received from sales in the State, whichever amount is lower. 
Each day a violation continues constitutes a separate offense. 
The maximum 
administrative penalty for any related series of violations may not exceed $500,000 or 
5% of the annual gross revenue that the public utility, voice service provider, dark 
fiber provider, wholesale competitive local exchange carrier or the competitive 
electricity provider received from sales in the State, whichever amount is lower. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1309, L.D. 1784 
B. 
For a violation in which a public utility, voice service provider, dark fiber 
provider, wholesale competitive local exchange carrier or a competitive electricity 
provider was explicitly notified by the commission that it was not in compliance with 
the requirements of this Title, a commission rule or a commission order and that 
failure to comply could result in the imposition of administrative penalties, the 
commission may impose an administrative penalty that does not exceed $500,000. 
C. The commission may impose an administrative penalty in an amount that does not 
exceed $1,000 on any person that is not a public utility, voice service provider, dark 
fiber provider, wholesale competitive local exchange carrier or a competitive 
electricity provider and that violates this Title, a commission rule or a commission 
order. 
Each day a violation continues constitutes a separate offense. 
The 
administrative penalty may not exceed $25,000 for any related series of violations. 
D. 
In addition to the administrative penalties authorized by this subsection, the 
commission may require disgorgement of profits or revenues realized as a result of a 
violation of this Title, a commission rule or a commission order. 
Sec. B-6. 35-A MRSA §2301, as amended by PL 2009, c. 612, §7, is further 
amended to read: 
§2301. Telephone providers and television corporations may construct lines 
Except as limited, every eorporatioR orgaaized l:lRder seetioR 2101 for the fl1:1Fpose of 
ofleratiRg teleJIhoRes, every voice service provider, wholesale competitive local exchange 
carrier and dark fiber provider for the purposes of constructing and maintaining its 
federally supported dark fiber, and every corporation organized for the purpose of 
transmitting television signals by wire may construct, maintain and operate its lines upon 
and along the route or routes and between the points stated in its certificate of 
incorporation; and may construct its lines and necessary erections and fixtures for them 
along, over, under and across any of the roads and streets and across or under any of the 
waters upon and along the route or routes subject to the conditions and under the 
restrictions provided in this chapter and chapter 25. 
Sec. B-7. 35-A MRSA §2305-A, as amended by PL 1999, c. 398, Pt. A, §35 and 
affected by §§104 and 105, is further amended to read: 
§2305-A. 
Transmission and distribution utilities and telephone providers to 
conform to standards 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Cable television company" has the same meaning as in Title 30-A, section 2001. 
B. "Most recent edition of the Standard" means the 1993 edition or any subsequent 
edition of the Standard adopted by the commission pursuant to this section. 
C. "Standard" means the National Electrical Safety Code (NESC)-ANSI-C2. 
2. Applicable national standard. Except as otherwise provided in this section or by 
rule of the commission adopted pursuant to this section, every transmission and 
distribution utility, teleflhoRe l:ltility entity authorized under section 2301 to construct 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1309, L.D. 1784 
lines and cable television company shall design, construct, operate and maintain its lines 
and equipment in conformance with the applicable provisions of the most recent edition 
of the Standard. 
3. Review of standards by commission. Whenever a new or revised edition of the 
Standard is published, a transmission and distribution utility, teleflhsRe l:ltility entity 
authorized under section 2301 to construct lines or cable television company may request 
the commission to hold a hearing on whether the new or revised Standard should be 
adopted. 
A. If a hearing is requested within 120 days of the publication of the new or revised 
Standard, the commission shall hold a hearing and shall either adopt the new or 
revised Standard or, pursuant to subsection 4, amend or reject the new or revised 
Standard. If a hearing is requested and held under this paragraph, the new or revised 
Standard does not go into effect in any form except as expressly provided by the 
commission in its order. 
B. If a hearing is not requested within 120 days of the publication of the new or 
revised Standard, the commission is deemed to have adopted the new or revised 
Standard effective on the 180th day after publication. Existing facilities that meet the 
requirements of the previously applicable Standard but which do not meet the 
requirements of the new or revised Standard may remain in noncompliance only if 
grandfathered under the new edition. 
4. Modifications, deletions and waivers to Standard. The commission may, at its 
discretion and after appropriate hearing, modify, delete or waive individual requirements 
of the Standard. The commission may make a modification or deletion or grant a waiver 
of a national standard of practice contained in the Standard only if it finds one of the 
following: 
A. Other measures achieving equivalent levels of safety will be substituted for the 
modified, deleted or waived national standard; or 
B. The national standard is not applicable or is unduly burdensome for the level of 
safety achieved under local conditions. 
Modifications, deletions or waivers of individual requirements of the Standard remain in 
force until the next edition of the Standard is adopted by the commission pursuant to 
subsection 3 or the modification, deletion or waiver is repealed by the commission, 
whichever occurs first. 
Pursuant to subsection 3, paragraph A, a transmission and distribution utility, telephsRe 
l:ltility entity authorized under section 2301 to construct lines or cable television company 
may petition the commission to continue approved modifications, deletions or waivers 
under a new or revised Standard. 
Unless the commission reaffirms a modification, 
deletion or waiver in its order adopting a new or revised Standard, a modification, 
deletion or waiver is deemed repealed on adoption of the new or revised Standard. 
5. Additional safety measures. The commission may, at its discretion and after 
appropriate hearing, require safety measures in addition to those required by the Standard. 
An additional requirement remains in force for 10 years from its effective date unless the 
commission: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1309, L.D. 1784 
A. Repeals the requirement; or 
B. Reaffirms the requirement by order. Each reaffirmation must occur within 10 
years of the original effective date of the requirement or within 10 years of the last 
affirmation. 
Sec. B-S. 35-A MRSA §2307, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
§2307. Public utilities and telephone providers may lay wires, pipes and cables 
under streets subject to municipal permit 
Public utilities and entities authorized under section 2301 to construct lines may, in 
any municipality, place their pipes and appurtenances, wires and cables and all conduits 
and other structures for conducting and maintaining the pipes, wires and cables under the 
surface of those streets and highways in which the utilities or entities are authorized to 
obtain locations for their pipes and appurtenances, poles and wires, subject to the written 
permit of the licensing authority, as defined in section 2502 and subject to such rules as to 
location and construction as the municipal officers or the Department of Transportation 
may designate in their permit. A permit must be obtained under sections 2501 to 2508. 
Permits to open streets and highways for the purpose of relaying or repairing the pipes 
and appurtenances, wires, cables, conduits and other structures may be granted without 
notice. 
Sec. B-9. 35-A MRSA §230S, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
§2308. Protection of utility facilities upon discontinuance of public ways 
In proceedings for the discontinuance of public ways, public ways may be 
discontinued in whole or in part. The discontinuance of a town way shall must be 
pursuant to Title 23, section 3026. 
Unless an order discontinuing a public way 
specifically provides otherwise, the public easement provided for in Title 23, section 
3026, includes an easement for public utility facilities and for the permitted facilities of 
entities authorized under section 2301 to construct lines. A utility or entity may continue 
to maintain, repair and replace its installations within the limits of the way or may 
construct and maintain new facilities within the limits of the discontinued way, if it is 
used for travel by motor vehicles, in order to provide utility or telecommunications 
service, upon compliance with the provisions of sections 2503, 2505, 2506, 2507 and 
2508. 
Sec. B-IO. 35-A MRSA §2310, suh-§l, as enacted by PL 1987, c. 141, Pt. A, §6, 
is amended to read: 
1. Trespass. A person commits trespass on a utility pole if, without the prior consent 
of the litility oVffling owner of the pole, he that person places any object or makes any 
attachment on any utility pole, whether or not it is within the limits of a public way. 
Sec. B-ll. 35-A MRSA §2515, first ~, as amended by PL 1999, c. 398, Pt. A, 
§ 3 7 and affected by § § 104 and 105, is further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1309, L.D. 1784 
Every corporation organized under section 2101 and former section 2109 and every 
entity authorized under section 2301 to construct lines is liable in all cases to repay a 
municipality all sums of money that the municipality is obliged to pay on a judgment 
recovered against it for damages caused by an obstruction, digging up or displacement of 
a way or street by the corporation or entity, together with attorney's fees and expenses 
necessarily incurred in defending the municipality in the actions. The corporation shall or 
entity must: 
Sec. B-12. 35-A MRSA §2522, as amended by PL 1999, c. 398, Pt. A, §39 and 
affected by §§104 and 105, is further amended to read: 
§2522. Maintenance of utility facilities 
Notwithstanding any other provision of law, a transmission and distribution utility or 
teleflRo8e l:ltility entity authorized under section 2301 to construct lines may trim, cut or 
remove by cutting trees located within the public right-of-way of a public way and may 
trim or cut portions of trees encroaching upon the public right-of-way when necessary to 
ensure safe and reliable service if: 
1. Notice to applicable licensing authority. Notice is provided by the utility or 
entity to the applicable licensing authority, as defined in section 2502, at least 30 days 
before the trimming, cutting or removal of trees; 
2. 
Consultation with applicable licensing authority. 
Upon request of the 
applicable licensing authority, the utility or entity consults with the applicable licensing 
authority before the trimming, cutting or removal of trees. Notice must be sent to each 
municipality in which trimming, cutting or removal of trees is to be conducted and the 
utility or entity shall consult with the applicable municipal licensing authority or, if none, 
the municipal officers before commencing operations. The municipal licensing authority 
or, if none, the municipal officers may elect to hold a public hearing on the utility's or 
entity's proposal and, if so, the utility or entity may not commence operations until after 
the public hearing has been held; 
3. Public notice. Public notice is placed in at least 2 newspapers with circulation in 
the area where trimming, cutting or removal of trees is scheduled to occur at least 30 days 
before the trimming, cutting or removal of those trees. 
The notice must state that 
customers may request to be placed on the list, required under subsection 4, of persons 
who have requested to be personally consulted before the trimming, cutting or removal of 
trees; 
4. Customer notice list. Before the trimming, cutting or removal of trees, the utility 
or entity confers with any person who requests personal consultation concerning the 
trimming, cutting or removal of trees on property in which the person has a legal interest. 
The utility or entity shall keep a list of persons who have requested personal consultation 
under this subsection. The utility or entity shall notify annually, in the form of a bill 
insert, all of the utility's or entity's customers of the opportunity to be on the list required 
under this subsection; and 
5. Shade and ornamental trees. Before removing a shade or ornamental tree, the 
utility or entity consults with the owner of the land upon which the tree is located. For 
COMMITTEE AMENDMENT 
o~s 
~1 
COMMITTEE AMENDMENT if" to H.P. 1309, L.D. 1784 
purposes of this subsection, "owner" includes a person who owns the underlying fee 
interest in land encumbered with a public easement. 
This section does not apply to trimming, cutting or removal of trees undertaken in 
emergency situations. 
Sec. B-13. 35-A MRSA §7104, sub-§2, as enacted by PL 1997, c. 692, §1, is 
amended to read: 
2. 
General availability. 
The commission shall seek to ensure that similaf 
teleeofl'lIBW'lieatioa serviees are provider of last resort service is available to consumers 
throughout all areas ofthe State at reasonably comparable rates. 
Sec. B-14. 35-A MRSA §7104, sub-§3, as amended by PL 1999, c. 60, §1, is 
further amended to read: 
3. Authority. The commission shall adopt rules to implement this section and may 
require providers of iatrastate teleeommmlieatioas serviees voice network service 
providers and providers of radio paging service to contribute to a state universal service 
fund to support programs consistent with the goals of applicable provisions of this Title 
and the federal Telecommunications Act of 1996, Public Law 104-104, 11 0 Stat. 56. 
Prior to requiring that providers of iatrastate teleeofl'lfflliaieatioas serviees voice network 
service providers and providers of radio paging service contribute to a state universal 
service fund, the commission shall assess the telecommunications needs of the State's 
consumers and establish the level of support required to meet those needs. 
If the 
commission establishes a state universal service fund pursuant to this section, the 
commission shall contract with an appropriate independent fiscal agent that is not a state 
entity to serve as administrator of the state universal service fund. Funds contributed to a 
state universal service fund are not state funds. Rules and any state universal service fund 
requirements established by the commission pursuant to this section must: 
A. Be reasonably designed to maximize federal assistance available to the State for 
universal service purposes; 
B. Meet the State's obligations under the federal Telecommunications Act of 1996, 
Public Law 104 104 104-104, 110 Stat. 56; 
C. Be consistent with the goals of the federal Telecommunications Act of 1996, 
Public Law 104 
104-104, 110 Stat. 56; 
D. Ensure that any requirements regarding contributions to a state universal service 
fund be nondiscriminatory and competitively neutral; and 
E. Reqllire e~"Plieit ideatifisatioa oa elistomer bills of soatriblitioas to aay state 
l:Uliversal servise tHad establiSHed Plifsliaat to tHis sestiea; aad 
F. Allow soasideratioa ia appropriate rate makiag proeeediags of soatribmioas to 
aay state l.iHiversal serviee fHHd establiSHed plirsliaat to tHis seetioa. 
O. Require, if a voice network service provider recovers its contributions under this 
section by means of a charge placed on a bill issued to a customer, explicit 
identification on that bill of any charge imposed under this section. 
COMMITTEE AMENDMENT 
IS 
COMMITTEE AMENDMENT "A" to H.P. 1309, L.D. 1784 
For purposes of this subsection section, "providers of intrastate telecollHflunications 
services" includes pro'liders of radio paging sef¥iee and fflobile telecofflffiunieations 
sef¥iees "voice network service provider" means a voice service provider that offers its 
subscribers the means to initiate or receive voice communications using the public 
switched telephone network. Rules adopted under this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter Il-A 2-A. 
Sec. B-15. 35-A MRSA §7104, sub-§4, as enacted by PL 1997, c. 692, §1, is 
repealed. 
Sec. B-16. 35-A MRSA §7104, sub-§7, ~A, as enacted by PL 2005, c. 305, §2, 
is amended to read: 
A. In establishing the total level of support for the state universal service fund, the 
commission shall include funding levels for telecommunications relay services as 
recommended by the Telecommunications Relay Services Advisory Council, as 
established in section 8704, unless the commission determines, upon its own motion 
or upon the request of a proyider of intrastate teleeornrnunieations sef¥iees voice 
network service provider, that the recommended funding levels may be unreasonable. 
If the commission determines that the funding levels may be unreasonable, the 
commission shall open a proceeding to determine a reasonable funding level for 
telecommunications relay services, including related outreach programs. Upon the 
conclusion of the proceeding, the commission shall establish funding support for 
telecommunications relay services, including related outreach programs, that it has 
found to be reasonable within the state universal service fund. The commission shall 
require contributions to the state universal service fund on a quarterly basis to meet 
the established funding support levels. 
Sec. B-17. 35-A MRSA §7104, sub-§8 is enacted to read: 
8. Maximization of support. The commission shall pursue all activities necessary 
to maximize the amount of federal support received by voice service providers offering 
voice and broadband service in the State. 
Sec. B-18. 35-A MRSA §7104-B, sub-§I, ~C, as enacted by PL 1999, c. 409, 
§2, is repealed. 
Sec. B-19. 35-A MRSA §7104-B, sub-§I, ~ 
is enacted to read: 
D. "Voice network service provider" means a voice service provider that offers its 
subscribers the means to initiate or receive voice communications using the public 
switched telephone network. 
Sec. B-20. 35-A MRS A §7104-B, sub-§2, as amended by PL 2001, c. 522, §l, is 
further amended to read: 
2. Authority. Pursuant to the authority granted in section 7104 and in order to carry 
out the policy goals established by section 7101, subsections 1, 2 and 4, the commission 
shall establish a telecommunications education access fund, referred to in this section as 
the "fund," and require all teleeoffll'lll:1flieations earriers offering teleeol11ffillnieations 
serviees voice network service providers providing service in the State and any other 
entities identified by the commission pursuant to sooseetion 8 to contribute to the fund. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1309, L.D. 1784 
The fund must be available, with any accumulated interest, to qualified libraries, qualified 
schools and the Raymond H. Fogler Library at the University of Maine to assist in paying 
the costs of acquiring and using advanced telecommunications technologies. 
Sec. B-21. 35-A MRSA §7104-B, sub-§3, ~A, as amended by PL 2005, c. 251, 
§ 1, is further amended to read: 
A. 
Limit the amount collected to no more than 0.7% of retail charges for 
teleesfRRR'lBieatisBs 2-way voice communications services as determined by the 
commission, excluding interstate tolls or interstate private line services; 
Sec. B-22. 35-A MRSA §7104-B, sub-§3, ~~C and D, as enacted by PL 1999, 
c. 409, §2, are amended to read: 
C. 
Integrate the collection of the charge with any state universal service fund 
, developed by the commission; and 
D. Require, if a voice network service provider recovers its contributions under this 
section by means of a charge placed on a bill issued to a customer, explicit 
identification on customer bills of any charge imposed under this section-;--aBEl.:. 
Sec. B-23. 35-A MRSA §7104-B, sub-§3, ~, as enacted by PL 1999, c. 409, 
§2, is repealed. 
Sec. B-24. 35-A MRSA §7104-B, sub-§8, as enacted by PL 1999, c. 409, §2, is 
repealed. 
Sec. B-25. 35-A MRS A §7105, sub-§§l and 2, as enacted by PL 1991, c. 654, 
§4 and affected by §5, are amended to read: 
1. Per-call blocking. At least 2 months prior to initiating any caller-ID service, and 
throughout the period that caller-ill service is offered to subscribers in this State, 
telephone utilities must advertise and immediately upon initiating such service must offer 
to all subscribers free per-call blocking. The esmmissisB shall re'liew the fSffR aad 
esBteBt sf ad'/ertisiBg req1:lHed 1:lflder this seetiSB. 
2. Per-line blocking. In any srder iB 't"trflieh the esmmissisB apprsves the SfferiBg sf 
ealler ID in this State, the e91nmissisn shall req1:lire A telephone utility must provide per-
line blocking ts be prs'Iided to individuals, agencies and groups that submit a written 
request to the telephone utility asserting a specific need for per-line blocking for reasons 
of health and safety. Telephone utilities may not charge a subscriber a fee for the first 
per-line blocking or unblocking of the subscriber's line. Except as otherwise authorized 
by law or to confirm that a subscriber has made a valid request, telephone utilities may 
not disclose information concerning the request for per-line blocking submitted by an 
individual, agency or group. 
Sec. B-26. 35-A MRSA §7106, as amended by PL 2007, c. 638, §§2 and 3, is 
further amended to read: 
§7106. Unauthorized change of carrier 
1. Unauthorized change of carrier. This subsection governs the initiation of a 
change in a customer's local or intrastate interexchange carrier that is not authorized by 
that consumer. 
COMMITTEE AMENDMENT 
o~~ 
~ 
COMMITIEE AMENDMENT "A" to H.P. 1309, L.D. 1784 
A. Notwithstanding Title 32, chapter 69, subchapter 5 or Title 32, section 14716, and 
except as otherwise provided by the commission by rule adopted pursuant to 
subsection 3, a local or intrastate interexchange carrier may not initiate the change of 
a customer's local or intrastate carrier unless the change is expressly authorized by the 
customer as verified by one of the following methods: 
(1) Written or electronically signed authorization from the customer; 
(2) Toll-free electronic authorization placed from the telephone number that is 
the subject of the change order; or 
(3) Oral authorization of the customer obtained by an independent 3rd party. 
B. When a customer's service is changed to a new local or intrastate interexchange 
carrier, the new local or intrastate interexchange carrier shall maintain for 24 months 
a record of non public customer-specific information that establishes that the customer 
authorized the change. 
D. 
A local or intrastate interexchange carrier that has initiated an unauthorized 
customer change shall: 
(1) Pay all usual and customary charges associated with returning the customer 
to the customer's original local or intrastate interexchange carrier; 
(2) Return to the customer any amount paid to that carrier by the customer or on 
the customer's behalf; and 
(3) Pay any access charges and related charges to access providers or to an 
underlying carrier when applicablet-tmd~ 
(4) Upon reqHest, provide all billing reeords to the original loeal or intrastate 
interexehange earner from vAlieh the etistomer vias ehanged to enable the 
original loeal or iBtrastate iBtere1Eohange oarner to oomply vt'ith this seetion and 
any eommissien mles adopted \iBder this seetien. 
Eo 
E1EOept as otherwise provided by the eOfflHl:issien by mle in aooerdaaee with 
stibseotion 3, a otistomer stibjeeted to an tinatithori",ed ehaage of loeal or intrastate 
iBterexehange earner is responsible for eharges of the atithori",ed earrier for the 
otistomer's tiS age dtiring the period the otistemer was served by the tinatithori",ed 
earrier tinless: 
(1) The etistomer has paid the tinatitheri",ed earrier for the tisage; and 
(2) The amOllllt paid by the etistomer has Bet been reMned by the tinatithori",ed 
oarrier to the otistomer in aooordanee with paragraph D, stibparagraph (2). 
If the tiBamhori",ed oarrier has not remmed te the otistemer the amotiBt paid by the 
otistomer to the tinatithori",ea oarrier in aeeordanee with paragraph D, sl:lbparagraph 
(2), the l:lBatithori",ed earner shall pay to the atithori",ed oamer the eharges ef the 
atithori",ed oarrier for the etistomer's I:lsage dtiring the period the etistomer was served 
by the tinal:lthori",ed oarner. 
2. Penalty. A local or intrastate interexchange carrier that violates this section is 
subject to penalty in accordance with this subsection. 
COMMITTEE AMENDMENT 
~o-«s 
COMMITTEE AMENDMENT" A 
.. to H.P. 1309, L.D. 1784 
A. The commission may impose an administrative penalty against any person who 
violates this section or any rule or order adopted pursuant to this section. 
In 
determining whether to impose a penalty, the commission may consider whether the 
violation was intentional. The penalty for a violation may be in an amount not to 
exceed $5,000 for each day the violation continues, up to a maximum of $40,000 for 
a first offense and a maximum of $110,000 for subsequent offenses. The amount of 
the penalty must be based on: 
(1) The severity of the violation, including the intent of the violator, the nature, 
circumstances, extent and gravity of any prohibited acts; 
(2) The history of previous violations; 
(3) The amount necessary to deter future violations; 
(4) Good faith attempts to comply after notification of a violation; and 
(5) Such other matters as justice requires. 
B. 
If the eOffifflissioa fiads that a loeal or iatrastate iaterexehaage earrier has 
repeatedly violated this seetioa or rules adopted UDder this seetioa, the eommissioa 
shall order the utility to take eorreetive aetioa as aeeessary. 
la additioa, the 
eommissioa, if eoasisteat witH the publie iaterest, may suspead, restriet or revoke tHe 
registratioa or eertifieate of tHe loeal or iatrastate iaterexehaage earrier, so as to deay 
tHe loeal or iatrastate iaterexeHaage earrier tHe right to provide serviee ia this State. 
D. The commission may order a telephone utility to withhold funds collected on 
behalf of a carrier that is subject to an administrative penalty proceeding conducted 
pursuant to this section if it finds that it is more likely than not that penalties will be 
imposed or customer refunds will be ordered that are equal to or greater than the 
amount ordered withheld. The commission shall provide the carrier notice and an 
opportunity to be heard prior to ordering funds to be withheld. If the commission 
finds that there is a clear danger that, if notified in advance, the carrier will conceal or 
otherwise make funds unavailable to satisfy penalties or customer refunds prior to 
providing notice and an opportunity to be heard, it may issue an order to the public 
utility to withhold the funds without providing notice or an opportunity to be heard. 
To issue such an order, the commission must also make the first finding required by 
this paragraph. The commission shall, without delay, provide a copy of the order to 
the carrier along with written notice that the carrier, on request, will be provided with 
an opportunity to contest the finding that it is more likely than not that penalties will 
be imposed or customer refunds will be ordered that are equal to or greater than the 
amount ordered withheld. 
3. Rules. The commission shall adopt nondiscriminatory and competitively neutral 
rules to further implement this section. 
A. Exeept as othen'lise provided ia this subseetioa, rules adopted by the eommissioa 
UDder this subseetion, ineluding rules regarding eustomer verifieation of a eHange of 
earrier, l'RUst be eonsisten-t with the rules adopted by the Federal Communieations 
Commission govemiag the initiation of a eHange of a eustomer's interstate earrier. 
COMMITTEE AMENDMENT 
o~C:> 
~ 1 
COMMITTEE AMENDMENT" A" to H.P. 1309, L.D. 1784 
B. The eommissioa, ia aaoptiag rules goyemiag e\:lstorner verifieatioa of a ehaage of 
earrier, shall eoasiaer whether e\:lstorner yerifieatioa is aeeessary ia the ease of 
e\:lstorner iRitiatea ealls. 
C. The eornrnissioa shall aaopt by rule a aefiRitioR of those aetioRS that eORstitHte 
iRitiatioR of a ehaRge of earrier \:lAaer this seetioR aAa a aefiAitioa of aetioRs that ao 
Rot eoastimte the iAitiatieR of a ehaage of eaITier. The eornrnissioR shan eORsiaer 
vrhether aetioRs flOt eOflstimtiflg the iflitiatioA of a ehaflge of a e\:lstorner's eaITier 
iaelaae aetiofls ofa leeal e~{6haflge earrier to ehaflge a easterner's eaITier: 
(1) Uflaertakefl at the aireetiofl of a eamer to vrhieh the e\:lstorner's serviee is 
ehaagea or ,{Hth the oral or '{frittea authorizatioa of the eastorner; aaa 
(2) That ao flOt resalt ifl the eastorner beiflg ehaflgea to the serviee of the earrier 
aflaertakiflg the aetiofls or to afl affiliate of the earner \:laaertakiag the aetioas. 
D. 
Notwithstaaaiflg s\:lbseetioa 1, paragraph e, if the Feaeral Cornmuaieatiofls 
Cornrnissioa proviaes by rule that e\:lstorners are aot respoasible for eharges of aa 
a\:lthorizea iaterstate earrier for the eastorner's \:lsage <hlriag the perioa the e\:lstorner 
was servea by aa uaauthorizea iaterstate eaITier, the eommissiofl b~r ruJe may proviae 
that a e\:lstomer is aot respoasible for eharges of aa authorizea loeal or iatrastate 
eaITier for the 6tistorner's asage <hlriag the perioa the easterner was servea by aa 
UflamHorizea Ioeal or iatrastate earrier. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter II-A 2-A. 
4. Enforcement. The commission through its own counselor through the Attorney 
General may apply to the Superior Court of any county of the State to enforce any lawful 
order made or action taken by the commission pursuant to this section. The court may 
issue such orders, preliminary or final, as it considers proper under the facts established 
before the court. 
5. Notice to the Attorney General. If the commission has reason to believe that 
any carrier has violated any provision of the law for which criminal prosecution is 
provided and would be in order or any law regarding fraud or consumer protection, the 
Commissioa commission shall notify the Attorney General. The Attorney General shall 
promptly institute any actions or proceedings the Attorney General considers appropriate. 
6. Customer education. The Public Advocate shall periodically inform telephone 
customers in the State of the protections and rights provided by this section. 
Sec. B-27. 3S-A MRSA §7107, sub-§6, as corrected by RR 2003, c. 2, § 113, is 
amended to read: 
6. Rulemaking. The commission shall adopt rules to implement this section. Rules 
adopted under this section are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A. R*lles aaoptea by the eommissioa must at least: 
A. establish elear staAaaras for iBterpretiag aaa applyiflg the state of rnifla staBaara 
applieable to billiBg ageBts vrho bill Ofl behalf of serviee proyiaers Bot properly 
registerea with the eommissioB; 
COMMITTEE AMENDMENT 
. 5 
COMMITIEE AMENDMENT ,A "to H.P. 1309, L.D. 1784 
8. 
Defiae types of eyideace that coastitute sufficieftt evideace of customer 
authorizsatioa ia a maaaer that iFHf>oses the least ecoaomic aad techaical burdeas oa 
customers aad service f'roviders; aad 
C. With regard to direct dialed telecomffiUHicatioas services, f'rovide that evideace. 
that a call was dialed from the HUmber that is the subject of the charge is sufficieat 
evideace of authorizsatioa fur the charge for that call. 
Notwithstaadiag Title 32, chaf'ter 69, subch~ter 5 or Title 32, sectioa 14716, suesectioa 
4, rules adof'ted by the commissioa f'ursuaat to f'aragraf'h B may defiae "sufficieat 
e'{ideace of customer authorizsatioa" to iaclude oral authorizsatioa obtaiaed by aa 
iadef'eadeftt 3rd f'arty. The commission may not adopt any rule that requires any 
3rd-party verification of customer authorization of the provision of any service or product 
by a service provider that is an affiliate of the billing agent, as defined by the commission 
by rule. 
Sec. B-28. 35-A MRSA §7902, as amended by PL 2009, c. 612, §9, is further 
amended to read: 
§7902. Lines along highways and across waters 
Every telef'hoae utility entity authorized under section 2301 to construct lines or 
person transmitting television signals by wire may, except as limited, construct, maintain 
and operate its lines upon and along the routes and between the points stated in its 
certificate of incorporation; and may, subject to the conditions and under the restrictions 
provided in this Title, construct its lines along, over, under and across any of the roads 
and streets and across or under any of the waters upon and along the routes, with all 
necessary erections and fixtures. The authority provided under this section applies to a 
dark fiber provider for the purposes of constructing and maintaining its federally 
supported dark fiber. 
Sec. B-29. 35-A MRSA §7903, first ~, as amended by PL 1995, c. 225, §14, is 
further amended to read: 
Every telephone utility in the State may, upon such terms as may be agreed upon by 
the contracting parties, subject to the coatra} ofthe cOfBfHissioa: 
Sec. B-30. 35-A MRSA §8302, as enacted by PL 1987, c. 141, Pt. A, §6, is 
amended to read: 
§8302. Pole attachments 
Where If a cable television system and a voice service provider, dark fiber provider, 
wholesale competitive local exchange carrier or public utility have failed fail to agree on 
the joint use of poles or other equipment or on the terms and conditions or compensation 
for the use, the matter shall be is subject to section 711. 
PARTC 
Sec. C-l. 35-A MRSA §307-A, as amended by PL 2001, c. 137, §3, is repealed. 
Sec. C-2. 35-A MRSA §507, as enacted by PL 2001, c. 137, §4, is repealed. 
COMMITTEE AMENDMENT 
~o~c:, 
COMMITTEE AMENDMENT "~" to H.P. 1309, L.D. 1784 
Sec. C-3. 35-A MRSA §703, sub-§3-A, as repealed and replaced by PL 2009, c. 
66, § 1, is amended to read: 
3-A. Special contracts. A public utility, subject to the commission's approval, may 
make a contract for a definite term for its product or service, but the published rates for 
the product or service may not be changed during the term of the contract without the 
commission's consent. If the eommissioa gFaats to a tel8J3hoae l:ltility or a gFOl:lJ) of 
telefJhoae l:ltilities aa eKemfJtioa fJl:lFSl:laBt to seetioa 3Q7 A from the reE]:l:liremeat to file 
rate sehedl:lles or teFfRS and eoaditioas, that tel6fJhoae l:ltility or gro~ of tel6fJhoae 
l:ltilities is eJ£e~t from the reE]:l:liremeats for eommissioa ~fJro· .. al aBd eoaseat l:lRaer this 
seeseetioa to the same eJ£teat as the eKemfJtioa gFaBtea by the eommissioa fJl:lrsl:laat to 
seetioa 3Q7 i"L. 
Sec. C-4. 35-A MRSA c. 8, as amended, is repealed. 
Sec. C-5. 35-A MRSA §1105, as amended by PL 2001, c. 137, §6, is repealed. 
Sec. C-6. 35-A MRSA §7102, sub-§l-A, ~, as enacted by PL 1991, c. 654, §2 
and affected by §5, is amended to read: 
B. 
An identification service provided in connection with al:ldioteKt services, as 
defiaed ia sectioa 8Ql, toll-free, or "800" access code, telephone service or a similar 
telephone service; 
Sec. C-7. 35-A MRSA §7701, as amended by PL 2003, c. 452, Pt. T, §1 and 
affected by Pt. X, §2, is repealed. 
Sec. C-8. 35-A MRS A §8301, as enacted by PL 1987, c. 141, Pt. A, §6, is 
repealed. 
Sec. C-9. 35-A MRS A §8501, as enacted by PL 1987, c. 141, Pt. A, §6, is 
repealed. 
Sec. C-IO. 35-A MRSA §8901, as enacted by PL 1991, c. 342, §5, is repealed. 
Sec. C-ll. 35-A MRSA §9106 is enacted to read: 
§9106. Application of chapter; repeal 
Notwithstanding any provision to the contrary in this chapter, the provisions of this 
chapter apply only to an alternative form of regulation approved by the commission prior 
to January 1, 2012. This chapter is repealed August 1, 2013. 
PARTD 
Sec. D-l. 25 MRSA §2929, sub-§l, ~, as enacted by PL 1997, c. 291, §3, is 
amended to read: 
B. Cl:lstomer iafoFfRatioa, deseribed ia Title 35 A, sectioa 75Ql, sl:lbsectioa 1, that is 
Names, addresses and telephone numbers that are omitted from a telephone utility 
directory list at the request of a customer; 
COMMITTEE AMENDMENT 
o~c; 
~1 
COMMITTEE AMENDMENT ,A " 
to H.P. 1309, L.D. 1784 
Sec. D-2. 35-A MRSA §lOl, as amended by PL 1999, c. 398, Pt. A, §2 and 
affected by §§104 and 105, is further amended to read: 
§101. Statement of purpose 
The purpose of this Title is to ensure that there is a regulatory system for public 
utilities in the State and for other entities subject to this Title that is consistent with the 
public interest and with other requirements of law and to provide for reasonable licensing 
requirements for competitive electricity providers. The basic purpose of this regulatory 
system as it applies to public utilities subject to service regulation under this Title is to 
ensure safe, reasonable and adequate service and to ensure that the rates of public utilities 
subject to rate regulation are just and reasonable to customers and public utilities. 
Sec. D-3. 35-A MRSA §l03, sub-§2, ,A, as enacted by PL 1987, c. 141, Pt. A, 
§6, is amended to read: 
A. All public utilities and certain other entities as specified in this Title are subject to 
the jurisdiction, control and regulation of the commission and to applicable 
provisions of this Title. 
Sec. D-4. 35-A MRSA §120, sub-§5, as amended by PL 2009, c. 122, §9, is 
further amended to read: 
5. Telephone exemptions. The commission's activities undertaken pursuant to its 
authority to grant exemptions to telepRoHe utilities providers of provider of last resort 
service from certain portions of this Title; 
Sec. D-5. Merger obligations unaffected. Nothing in this Act is intended or 
may be interpreted to modify or affect any provision of or the rights and obligations of 
any entity under any order of the Public Utilities Commission that establishes, approves, 
modifies, amends or in any way relates to any condition or requirement imposed by the 
commission in connection with the merger of FairPoint Communications, Inc. and 
Verizon Communications Inc. and the transfer to FairPoint Communications, Inc. of 
facilities previously owned or operated by Verizon Communications Inc., including but 
not limited to orders entered in the following commission dockets: Docket No. 2005-
155; Docket No. 2007-67; Docket No. 2008-108; Docket No. 2010-76; Docket No. 2010-
77; and Docket No. 2010-78. 
Sec. D-6. Entities approved to furnish service. Nothing in this Act is intended 
or may be interpreted to remove or otherwise affect any approval granted by the Public 
Utilities Commission to any entity under the Maine Revised Statutes, Title 35-A, section 
2102 prior to the effective date of this Act. 
Sec. D-7. Regulatory assessments and special funds. The Public Utilities 
Commission shall examine whether it is appropriate to require any voice service 
providers that are not required to pay assessments under the Maine Revised Statutes, Title 
35-A, sections 116, 7104 and 7104-B to pay such assessments and if so the reasons why 
they should be included and how they may appropriately and fairly be included. The 
commission shall submit a report of its findings and recommendations to the joint 
standing committee of the Legislature having jurisdiction over utilities and technology 
COMMITTEE AMENDMENT 
l3 
COMMITIEE AMENDMENT 'A" to H.P. 1309, L.D. 1784 
matters by January 15,2013. The joint standing committee may report out a bill related 
to the subject of the report to the First Regular Session of the 126th Legislature. 
Sec. D-S. Statutory revisions. The Public Utilities Commission shall review the 
provisions of the Maine Revised Statutes, Title 35-A and the commission's implementing 
rules relating to or affecting telecommunications and shall determine what, if any, further 
changes to law are required to clarify or bring into effect the regulatory changes made by 
this Act. 
The commission shall specifically examine whether the expansion of the 
application of Title 35-A, section 711 creates any regulatory or other issues that should be 
addressed. The commission may submit a bill to the First Regular Session of the 126th 
Legislature proposing any recommended changes to law to clarify, adjust or bring into 
effect the regulatory changes made by this Act.' 
SUMMARY 
This amendment replaces the bill. 
This amendment preserves many of the 
substantive elements of the bill, but reorganizes them, rewrites some of them, removes 
others and adds still others. While the basic regulatory structure proposed in the bill is 
largely maintained, many of its details are modified or replaced. 
In general, this amendment establishes a new regulatory structure for the telephone 
industry. It establishes a regulated basic local flat-rate dial-tone service called "provider 
oflast resort service." Providers of this service, called "service providers," continue to be 
regulated as public utilities, though many provisions of law currently relating to 
telephone utilities are modified as they apply to this service. Local exchange carriers also 
remain subject to Public Utilities Commission jurisdiction to the extent their federal 
interconnection rights and obligations are regulated or overseen by the commission. All 
other providers of telephone services either remain unregulated or are largely deregulated, 
though certain provisions of the Maine Revised Statutes, Title 35-A are amended to apply 
to some of these entities, notably provisions relating to certain assessments, provisions 
granting certain rights to build lines in public roadways and across waters and provisions 
relating to joint use of facilities. A number of provisions of law are repealed entirely, 
either because they are obsolete or to conform with the streamlined regulatory structure 
established by the amendment. 
Part A of this amendment, which relates mainly to providers of provider of last resort 
service and local exchange carriers, does the following. 
I. It establishes various definitions for the various types of entities that provide 
telephone or telephone-like service. 
2. It establishes provider of last resort service. This service is a basic local service 
provided by incumbent local exchange carriers unless a carrier petitions to have the 
service transferred to another entity willing to take on the responsibility and the 
commission determines the alternative provider can adequately meet the obligations. The 
service must have the capacity to maintain service during power outages, unless the 
commission finds that by waiving this requirement benefits would accrue to customers 
that would exceed the benefits to those customers of preserving the requirement. 
3. It provides that customers of the service retain access to the commission for 
redress of problems relating to the service, regardless of what other services the customer 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 1309, L.D. 1784 
'. 
takes from the service provider, but the other services are not thereby made subject to any 
commission regulation. 
4. It provides that certain ancillary services closely related to the service, such as call 
forwarding and call waiting, must be offered, if at all, on an individual basis; the provider 
may not require the customer to take the ancillary services as a bundle. 
5. It provides that the commission retains many of its traditional regulatory powers 
over the service, though some powers are modified as they apply to service providers, 
including: 
A. The law governing management audits, which is changed to provide that the 
commission may only conduct such audits if no less burdensome means of obtaining 
information is available and certain preconditions are met; 
B. The law governing accounting standards, which is changed to limit its application 
only to provider of last resort accounts and to require the commission's standards be 
based on applicable federal standards; 
C. The law governing approval of stocks and bonds, which is modified to permit the 
commission by rule to exempt providers from some or all of its provisions; and 
D. The law governing directories, which is modified to remove requirements for 
publication of directories but to provide that at least one more edition of directories 
be published and that going forward customers are given the option of receiving 
directory information electronically or as a printout of the electronic database. 
6. It limits the commission's power to obtain certain information, prohibiting it from 
requiring: 
A. Network maps more detailed than those that have been submitted in the past; and 
B. Outage reporting earlier than 7 days after the outage is restored. 
7. It provides that the rates for provider of last resort service are initially the current 
local rates. The commission is directed to establish a stakeholder group to develop the 
regulatory structure for setting rates going forward, including appropriate cost 
considerations and standards for the availability and amount of support from the universal 
service fund established in Title 35-A, section 7104. The commission is directed to 
report to the joint standing committee of the Legislature having jurisdiction over energy, 
utilities and technology matters by January 15,2013, and the committee is authorized to 
report out a bill on this subject to the First Regular Session of the 126th Legislature. 
8. The current alternative form of regulation that applies to the largest incumbent 
local exchange carrier in the State is altered so that most of its provisions, other than 
those relating to provider of last resort service, are phased out. The commission is 
directed to establish in an adjudicatory proceeding a limited set of service quality 
standards that will apply from August 1,2012 through July 31, 2013. The commission is 
also directed to establish by major substantive rule service quality standards going 
forward, including appropriate incentive penalties for failures to meet the standards. The 
commission may impose penalties for failures to meet service quality standards only after 
investigation. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1309, L.D. 1784 
9. It preserves commission jurisdiction over local exchange carriers to the extent 
their federal interconnection rights and obligations are regulated or overseen by the 
commISSIOn. 
10. It provides that providers of interconnected voice over Internet protocol service 
and dark fiber providers are not subject to regulation by the commission unless otherwise 
expressly provided in law. Certain discrete provisions do apply to such providers; Part B 
of the amendment addresses such discrete provisions. 
Part B of the amendment, which includes provisions of law that affect a broader array 
of telephone entities than providers of provider of last resort service and local exchange 
carriers, does the following. 
1. It requires any provider of interconnected voice over Internet protocol service that 
paid any commission or Office of the Public Advocate assessment under Title 35-A, 
section 116, whether voluntarily, by agreement with the commission or otherwise, prior 
to March I, 2012, to continue to pay those assessments. 
2. It modifies the commission's authority to obtain information so that with respect to 
any entity, other than a service provider with respect to provider of last resort service, the 
commission may only request or order information relating to laws to which the entity is 
subject and over which the commission has jurisdiction. 
3. It provides that all voice service providers that use the public switched network 
must pay into a state universal service fund and the telecommunications education access 
fund. It also directs the commission to pursue all activities necessary to maximize the 
amount of federal support received by voice service providers offering voice and 
broadband service in the State. 
4. It expands the universe of entities that are given the right to construct lines and 
facilities, including along public roadways, subject to permitting, to include all voice 
service providers, dark fiber providers and wholesale competitive local exchange carriers. 
It subjects these entities to the safety codes that apply to public utilities as well as the 
laws governing tree trimming. It also expands the jurisdiction of the commission to order 
joint use of equipment and prescribe reasonable compensation and reasonable terms and 
conditions for the joint use upon complaint to include voice service providers, dark fiber 
providers and wholesale competitive local exchange carriers. 
5. It preserves a number of consumer protection laws, including laws governing 
customer privacy, caller-ID blocking, unauthorized billing and practices known as 
"slamming" and "cramming." The amendment streamlines the caller-ID blocking law 
and the "slamming" law in the same manner as proposed in the bill and prohibits the 
commission from requiring 3rd-party verification of customer authorization of charges 
billed by an affiliate of a telephone utility. 
Part C of the amendment repeals the following: 
1. The law regulating audiotext services; 
2. 
Laws authorizing the commission to grant by rule exemptions for certain 
telephone utilities from certain provisions of law. These are obsolete provisions, given 
the modifications to laws made by the amendment; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1309, L.D. 1784 
3. 
The requirement that in order to obtain approval to furnish service, service 
providers and local exchange carriers furnish a bond; 
4. The law governing emergency use of party lines; 
5. The law providing for telephone regulation of cable television companies that 
offer telephone services; 
6. The law requiring a public utility that operates a radio paging service to maintain 
separate accounts; 
7. The law requiring a public utility that provides mobile telecommunications in 
addition to other public utility services to maintain separate accounts; and 
8. As of August 1,2013, the law authorizing the commission to adopt an alternative 
form of regulation for telephone utilities. 
Part D of the amendment makes several technical changes to laws to conform to the 
telecommunications regulatory reform accomplished by the amendment. It also: 
1. 
Specifies that rights and obligations under orders relating to the merger of 
FairPoint Communications, Inc. and Verizon Communications Inc. are unaffected by 
telecommunications regulatory reform; 
2. 
Provides that any approval to provide service granted by the Public Utilities 
Commission under Title 35-A, section 2102 prior to the effective date of this law is 
unaffected by telec~mmunications regulatory reform; 
3. Directs the commission to examine whether it is appropriate to require any voice 
service providers that are not required to pay assessments under Title 35-A, sections 116, 
7104 and 7104-B to pay such assessments and if so the reasons why they should be 
included and how they may appropriately and fairly be included. The commission is 
directed to submit a report of its fmdings and recommendations to the joint standing 
committee of the Legislature having jurisdiction over utilities and technology matters by 
January 15, 2013. The joint standing committee may report out a bill related to the 
subject of the report to the First Regular Session of the 126th Legislature; and 
4. 
Directs the commission to review the provisions of Title 35-A and the 
commission's implementing rules relating to or affecting telecommunications to 
determine what, if any, further changes to law are required to clarify or bring into effect 
the regulatory changes made by this law. The commission is specifically directed to 
examine whether the expansion of the application of Title 35-A, section 711 creates any 
regulatory or other issues that should be addressed. The commission is authorized to 
submit a bill to the First Regular Session of the 126th Legislature proposing any 
recommended changes to law to clarify, adjust or bring into effect the regulatory changes 
made by this legislation. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: 03/15/12 ;tvae 
LD 1784 
LR 2707(02) 
An Act To Implement Recommendations To Reform Telecommunications Regulation 
Fiscal Note for Bill as Amended by Committee Amendment" A" (H -8bV 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
The bill provides a new regulatory structure for the telephone industry. It establishes a regulated basic local flat-rate 
dial-tone service called the provider oflast resort. Such providers will continue to be regulated as public utilities, with 
some modifications relative to present law. Local exchange carriers also remain subject to Commission jurisdiction to 
the extent that their federal interconnection rights and obligations are regulated or overseen by the Commission. All 
other telephone service providers remain unregulated or are largely deregulated. Certain provisions are intended to 
apply to some of these entities, including provisions relating to certain assessment, granting certain rights to build 
lines in public roadways and across waters and provisions relating to joint use of facilities. A number of obsolete 
provisions of law are repealed entirely, as are provisions not in conformity with the regulatory structure established by 
this bill. The bill will lead to a minor increase in costs to the Public Utilities Commission that can be absorbed within 
existing budgeted resources. 
LR2707(02) - Fiscal Note - Page 1 of 1