Resolve, To Establish a Working Group To Study Issues Relating to Broadband Infrastructure Deployment
Maine Legislature, Session 126, LD 0876
Committee: Energy, Utilities and Technology
Sponsors: JOHNSON, THERIAULT, CLEVELAND, JACKSON, MAZUREK, RUSSELL

Legislative Document 
No. 876 
S.P. 301 
In Senate, March 5, 2013 
Resolve, To Establish a Working Group To Study Issues Relating to 
Broadband Infrastructure Deployment 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator JOHNSON of Lincoln. 
Cosponsored by Representative THERIAULT of Madawaska and 
Senators: CLEVELAND of Androscoggin, JACKSON of Aroostook, MAZUREK of Knox, 
Representative: RUSSELL of Portland. 
Sec. 1.  Working group to study issues relating to broadband 
infrastructure deployment.  Resolved:  That the ConnectME Authority, established 
in the Maine Revised Statutes, Title 35-A, section 9203 and referred to in this resolve as 
"the authority," shall convene a working group to identify technical, legal, funding and 
jurisdictional challenges to the deployment of broadband conduit for fiber-optic 
communications and to develop solutions necessary to achieve and facilitate the 
deployment of broadband infrastructure.  The working group shall consider access to 
public facilities and rights-of-way for broadband conduit installation, particularly as 
rights-of-way are disturbed for infrastructure projects, including, but not limited to, road 
and bridge construction, reconstruction and maintenance.  The working group shall 
develop policies focused on increasing coordination between government agencies, 
including, but not limited to, state and municipal entities, and utility companies to 
decrease the frequency of highway excavation while expanding broadband capacity in the 
State; and be it further 
Sec. 2.  Participants. Resolved:  That the authority shall invite the following to 
participate in the working group: 
1.  The chair of the Public Utilities Commission or the chair's designee; 
2.  The Chief Information Officer within the Department of Administrative and 
Financial Services or the officer's designee; 
3.  The Commissioner of Economic and Community Development or the 
commissioner's designee; 
4.  The Commissioner of Transportation or the commissioner's designee; 
5.   The executive director of the Maine Turnpike Authority or the executive 
director's designee; 
6.  A member of the public with significant knowledge of communications 
technology; 
7.  A representative of the Maine School and Library Network; 
8.  A representative of the Maine Municipal Association; and 
9.  Other parties at the discretion of the authority; and be it further 
Sec. 3.  Duties. Resolved:  That the duties of the working group are as follows: 
1.  To review the so-called federal dig once policy; 
2.  To review other states' experiences and strategies relating to broadband 
infrastructure deployment, including the so-called dig once policies in other states; 
3.  To review state laws and rules and agency policies relating to highway and bridge 
construction and reconstruction and utility accommodation, including an evaluation of the 
feasibility and need for broadband conduit as part of the highway construction process; 
4.  To consider right-of-way issues, including management of right-of-way access; 
5.  To consider administrative issues, including ownership of conduit and 
procurement; 
6.  To consider funding models for the installation and maintenance of broadband 
conduit; 
7.  To consider the allocation and use of conduit capacity on an open-access, 
nondiscriminatory basis so that any financially responsible entity, including an 
institutional customer, telecommunications provider or Internet service provider, may 
lease fiber-optic cable along a route with the intent that all users have access at the same 
pricing structure and for substantially similar terms and conditions relative to their use of 
the network; 
8.  To identify road and bridge construction funding for broadband conduit 
installation; and 
9.  To explore the feasibility of incorporating a statewide broadband infrastructure 
plan to ensure that the State makes informed and knowledgeable decisions on a per 
project basis regarding whether installing conduit in the right-of-way of the project path 
affords reasonable potential benefit to expand broadband capacity and availability in the 
State; and be it further 
Sec. 4.  Report. Resolved:  That, by February 1, 2014, the authority shall submit a 
written report of the findings of the working group under this resolve and any 
recommendations, including suggested legislation, to the Joint Standing Committee on 
Energy, Utilities and Technology and the Joint Standing Committee on Transportation.  
The Joint Standing Committee on Energy, Utilities and Technology and the Joint 
Standing Committee on Transportation may individually or jointly submit a bill to the 
report. 
SUMMARY 
This resolve directs the ConnectME Authority to establish a working group to 
identify technical, legal, funding and jurisdictional challenges to the deployment of 
broadband conduit for fiber-optic communications and to develop solutions necessary to 
achieve and facilitate the deployment of broadband infrastructure.  The resolve directs the 
authority to submit a written report of findings and recommendations to the Joint 
Standing Committee on Energy, Utilities and Technology and the Joint Standing 
Committee on Transportation no later than February 1, 2014.  The resolve gives the Joint 
Standing Committee on Energy, Utilities and Technology and the Joint Standing 
Committee on Transportation authority to submit either individually or jointly a bill to the 
report.