An Act To Promote Community Broadband Planning and Strengthen Economic Opportunity throughout Maine
Maine Legislature, Session 127, LD 1063
Committee: Energy, Utilities and Technology
Sponsors: GIDEON, MASON, EVES, ALFOND, CUSHING, HILL, THIBODEAU
Amends: 5 MRSA §12004-I, 35-A MRSA §9202, 35-A MRSA §9202-A, 35-A MRSA §9203, 35-A MRSA §9204, 35-A MRSA §9204-A, 35-A MRSA §9206, 35-A MRSA §9208, 35-A MRSA §9211, 35-A MRSA §9216

Legislative Document 
No. 1063 
H.P. 732 
House of Representatives, March 24, 2015 
An Act To Promote Community Broadband Planning and 
Strengthen Economic Opportunity throughout Maine 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative GIDEON of Freeport. 
Cosponsored by Senator MASON of Androscoggin and 
Representatives: Speaker EVES of North Berwick, McCABE of Skowhegan, Senators: 
ALFOND of Cumberland, CUSHING of Penobscot, HILL of York, President THIBODEAU of 
Waldo. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-I, sub-§85-A, as enacted by PL 2005, c. 665, §2, is 
repealed. 
Sec. 2.  35-A MRSA §9202, sub-§§3 to 5, as enacted by PL 2005, c. 665, §3, are 
amended to read: 
3.  Communications service.  "Communications service" means any wireline voice, 
satellite, data, fixed wireless data, facilities-based wireless voice or data or video retail 
service. 
4.  Communications service provider.  "Communications service provider" means: 
A.  Any entity offering communications service to customers in the State; or. 
B.  Any facilities-based provider of wireless voice or data retail service that 
voluntarily chooses to be assessed by the authority pursuant to section 9211. 
5.  Unserved or underserved area. "Unserved or underserved area" means an area 
that the authority pursuant to section 9204 9204-A, subsection 2, paragraph B 1 
determines to meet criteria established by the authority by rule adopted pursuant to 
section 9205, subsection 3 in accordance with section 9204, subsection 1. 
Sec. 3.  35-A MRSA §9202-A, as enacted by PL 2009, c. 586, §1, is repealed and 
the following enacted in its place: 
§9202-A.  State broadband policy 
1.  Goals.  The goals of the State related to broadband service are that: 
A.  Broadband service be universally available in this State, including to all 
residential and business locations and community anchor institutions; 
B.  There be secure, reliable, competitive and sustainable forward-looking 
infrastructure that can meet future broadband needs; and 
C.  All residents, businesses and institutions in the State be able to take full advantage 
of the economic opportunities available through broadband service. 
2.  Policies.  The policies of the State related to broadband service are to: 
A.  Maximize sustainable investment in broadband infrastructure in the State; 
B.  Maximize federal and private resources to support the deployment of broadband 
infrastructure in unserved and underserved areas of the State; 
C.  Prioritize the use of state resources to assist deployment of infrastructure to 
provide broadband service in unserved and underserved areas of the State; 
D.  Promote adoption of broadband service by residents, businesses and institutions; 
and 
E.  Leverage existing infrastructure to extend broadband service. 
Sec. 4.  35-A MRSA §9203, sub-§§1 to 3, as enacted by PL 2005, c. 665, §3, are 
amended to read: 
1.  Establishment; membership.  The ConnectME Authority is established to 
stimulate investment in advanced communications technology infrastructure in unserved 
or underserved areas further the goals and policies in section 9202-A.  The authority is 
created as a body corporate and politic and a public instrumentality of the State.  The 
exercise by the authority of powers conferred by this chapter is considered to be the 
performance of essential governmental functions. The authority consists of the following 
7 voting members: 
A.  The chair of the Public Utilities Commission or the chair's designee; 
B.  The Chief Information Officer of the State, or the officer's designee; 
C.  One representative of consumers, appointed by the Governor; and 
D.  Two members with significant knowledge of communications technology, 
appointed by the Governor.; 
E.  The Commissioner of Economic and Community Development or the 
commissioner's designee; and 
F.  One member with significant knowledge of telemedicine as defined in Title 24-A, 
section 4316, subsection 1, appointed by the Governor. 
Compensation of members is as provided in Title 5, section 12004-G, subsection 33-F. 
2.  Terms; chair; vacancies.  All members are appointed for 3-year terms.  The 
Governor shall appoint a chair from among the 3 4 members appointed by the Governor. 
In the event of a vacancy in the membership, the Governor shall appoint a replacement 
member for the remainder of that vacated term. Each member of the authority serves until 
that member's successor is appointed and qualified. Any member of the authority is 
eligible for reappointment. 
3.  Officers; quorum.  The authority may elect a secretary and a treasurer, who may, 
but need not, be members of the authority. Three Four members of the authority 
constitute a quorum, and the affirmative vote of 3 4 members is necessary for any action 
taken by the authority. 
Sec. 5.  35-A MRSA §9203, sub-§6, as enacted by PL 2005, c. 665, §3, is 
repealed. 
Sec. 6.  35-A MRSA §9204, as amended by PL 2009, c. 63, §§1 and 2, is repealed. 
Sec. 7.  35-A MRSA §9204-A is enacted to read: 
§9204-A.  Duties of authority  
1.  Establish criteria defining unserved and underserved areas.  The authority, by 
rule adopted pursuant to section 9205, subsection 3, shall establish criteria to define 
unserved and underserved areas with respect to broadband service.  Criteria established 
by the authority to define unserved and underserved areas must include the percentage of 
households with access to broadband service within a municipality or other appropriate 
geographic area.  The authority shall use these criteria to determine those areas of the 
State that are unserved or underserved. 
2.  Promote use of broadband service.  The authority shall promote use of 
broadband service by identifying and sharing best practices that encourage use of 
broadband service, eliminating barriers to use of broadband service and facilitating and 
supporting public-private partnerships to increase use of broadband service. 
3.  Support local and regional broadband planning.  The authority shall provide 
technical and financial assistance to communities in the State that include unserved and 
underserved areas to identify the need for broadband infrastructure and services and 
develop and implement plans to meet those needs. 
4.  Support broadband investment.  The authority shall expand the availability of 
broadband service to residential and small business customers in unserved or underserved 
areas by identifying, developing and providing funding for broadband investments that 
will benefit multiple unserved and underserved communities and may be used by multiple 
providers. 
5.  Facilitate state support of deployment of broadband infrastructure.  The 
authority shall review, recommend and facilitate changes in laws, rules, programs and 
policies of the State and its agencies to further deployment of broadband infrastructure to 
all unserved and underserved areas of the State.  The authority shall assist in identifying 
opportunities to use broadband infrastructure to achieve the state policies and goals as set 
out in section 9202-A and support coordination between communications providers and 
state and local governmental entities, including coordination with the statewide 
emergency radio network. 
6.  Collect and disseminate information.  The authority shall collect, aggregate, 
coordinate and disseminate information regarding the availability of and need for 
advanced communications technology infrastructure in the State and opportunities for 
funding for broadband infrastructure and education. 
7.  Administer funds.  The authority shall administer the ConnectME Fund as 
established pursuant to section 9211. 
8.  Limitations on activities of the authority.  The authority may not develop, 
acquire, fund, coordinate or otherwise undertake any project or make any grant, direct 
investment or loan under this chapter unless the authority determines that without the 
authority's action the installation of adequate advanced communications technology 
infrastructure in an unserved or underserved area would not occur within the same time 
period. Notwithstanding any other provision of this chapter, the authority may not 
provide any wireline, wireless, satellite, voice, data or video service at retail or wholesale. 
Sec. 8.  35-A MRSA §9206, as enacted by PL 2005, c. 665, §3, is repealed. 
Sec. 9.  35-A MRSA §9208, sub-§2, as enacted by PL 2005, c. 665, §3, is 
amended to read: 
2.  Activities.  Documents the activities of the authority, including review of 
applications for funding received by the authority a detailed description of the progress 
toward the goals and objectives established in the triennial strategic plan under section 
9218; 
Sec. 10.  35-A MRSA §9211, sub-§2, as enacted by PL 2005, c. 665, §3, is 
amended to read: 
2.  Assessment.  After receiving authorization pursuant to Title 5, section 8072 to 
finally adopt major substantive rules under section 9205, subsection 3 or after January 15, 
2007, whichever is later, the authority may require every communications service 
provider to contribute on a competitively neutral basis to the fund.   The assessment may 
not exceed 0.25% of the revenue received or collected for all communications services 
provided in this State by the communications service provider.  A facilities-based 
provider of wireless voice or data retail service may voluntarily agree to be assessed by 
the authority as a communications service provider under this subsection. 
Sec. 11.  35-A MRSA §9216, sub-§4, ¶A, as enacted by PL 2009, c. 612, §10, is 
amended to read: 
A.  Deposit 5% of the funds received under subsection 3 into the ConnectME Fund 
established under section 9211 and may use these funds to support the activities of 
the authority under this section and for the purposes of section 9204 9204-A; and  
Sec. 12.  35-A MRSA §§9217 and 9218 are enacted to read: 
§9217.  Community broadband planning 
The authority shall provide funds for broadband planning grants to municipalities, 
groups of municipalities in the same region of the State or private or public organizations 
to develop plans to expand the availability of broadband services in unserved and 
underserved areas. 
1.  Requirements of plans.  Plans funded through grants under this section must: 
A.  Define local broadband needs and goals; 
B.  Inventory existing broadband infrastructure assets within the municipality, 
municipalities or region; 
C.  Include a gap analysis defining the additional broadband infrastructure necessary 
to meet identified needs and goals; 
D.  Include initial network design, cost estimate, operating models and potential 
business models and partners to support the investment necessary to fill any 
broadband gap identified in paragraph C; and 
E.  Include an assessment of all municipal procedures, policies, rules and ordinances 
that have the effect of delaying or increasing the cost of broadband infrastructure 
deployment. 
The authority shall make all plans developed using grant funds under this section 
available on the authority's publicly accessible website. 
2.  Rules.  The authority shall adopt rules to ensure that grants are equitably 
distributed throughout the unserved and underserved areas of the State and that the grants 
encourage collaboration between multiple communities. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
3.  Precertification.  The authority may establish a precertification process to 
determine eligibility for grants pursuant to this section to encourage adoption of identified 
best practices by participating municipalities. 
§9218.  Broadband service strategic plan 
1.  Broadband service strategic plan.  The authority shall draft a detailed, triennial 
strategic plan for broadband service that includes quantifiable measures of performance 
to carry out the duties in section 9204-A and to further the goals and policies in section 
9202-A.  The strategic plan must include, but is not limited to, budget allocations, 
objectives, targets, measures of performance, implementation strategies, timelines, a 
definition of "broadband" and other relevant information. 
2.  Public input.  The authority shall post the draft of the triennial strategic plan 
pursuant to subsection 1 on the authority's publicly accessible website 90 days before the 
date on which the plan will be voted on and provide opportunity for written comments 
and a public hearing at least 30 days prior to voting. 
3.  Approval of triennial strategic plan.  The authority shall approve the triennial 
strategic plan pursuant to subsection 1 by affirmative vote of 2/3 of its members upon a 
finding that the plan is consistent with the policies, duties and requirements of the 
authority as set forth in this chapter. 
Sec. 13.  Triennial strategic plan for broadband service.  By December 31, 
2015, the ConnectME Authority shall establish and approve the first triennial strategic 
plan for broadband service pursuant to the Maine Revised Statutes, Title 35-A, section 
9218. 
SUMMARY 
This bill amends the Advanced Technology Infrastructure Act.  It amends the 
definitions of "communications service" and "communications service provider."  It 
makes changes to the State's goals and policies in the Act.  It amends the membership of 
the ConnectME Authority and amends the duties of the authority.  It requires the 
authority to provide funds for broadband planning grants.  It abolishes the ConnectME 
Advisory Council.  It requires the authority to establish a triennial strategic plan for 
broadband service and to report to the Legislature on progress toward meeting the plan's 
goals and objectives.