An Act To Regulate Standards of Service for Mobile Telecommunications Services and Broadband Services
Maine Legislature, Session 127, LD 0992
Committee: Energy, Utilities and Technology
Sponsors: KUMIEGA, JOHNSON, BEEBE-CENTER, BLACK, TIPPING-SPITZ
Amends: 35-A MRSA §102, 35-A MRSA §1508-A, 35-A MRSA §8903

Legislative Document 
No. 992 
H.P. 687 
House of Representatives, March 18, 2015 
An Act To Regulate Standards of Service for Mobile 
Telecommunications Services and Broadband Services 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative KUMIEGA of Deer Isle. 
Cosponsored by Senator JOHNSON of Lincoln and 
Representatives: BEEBE-CENTER of Rockland, BLACK of Wilton, DeCHANT of Bath, 
TIPPING-SPITZ of Orono. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §102, sub-§1-A is enacted to read: 
1-A.  Broadband service provider. "Broadband service provider" means a 
communications service provider that offers a 2-way, always-on, communications service 
that provides access to public data networks and the Internet, but does not include a 
mobile telecommunications service provider. 
Sec. 2.  35-A MRSA §1508-A, sub-§1, as amended by PL 2011, c. 623, Pt. B, §5, 
is further 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, mobile telecommunications service provider, broadband service 
provider 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, 
mobile 
telecommunications service provider, broadband service provider 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, 
mobile 
telecommunications service provider, broadband service provider or the competitive 
electricity provider received from sales in the State, whichever amount is lower. 
B.  For a violation in which a public utility, voice service provider, dark fiber 
provider, wholesale competitive local exchange carrier, mobile telecommunications 
service provider, broadband service provider 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, 
mobile 
telecommunications service provider, broadband service provider 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. 3.  35-A MRSA §8903 is enacted to read: 
§8903.  Regulation of mobile telecommunications service providers and broadband 
service providers 
Notwithstanding any other provisions of this Title, the commission may by rule 
establish service standards for mobile telecommunications service providers and 
broadband service providers, investigate consumer complaints and impose a penalty 
under section 1508-A for a violation of the adopted standards.  The commission shall by 
rule establish a reasonable assessment on mobile telecommunications service providers 
and broadband service providers to fund commission activities related to this section. 
1.  Rules.  The commission shall adopt rules to implement this section. Rules adopted 
under this subsection are major substantive rules as described in Title 5, chapter 375, 
subchapter 2-A. 
2.  Nonlapsing fund.  There is established a nonlapsing, interest-earning fund to 
carry out the purposes of this section. All funds collected by the commission from 
assessments on mobile telecommunications service providers and broadband service 
providers must be deposited in the fund to be used solely by the commission to fund 
commission activities related to this section. 
Sec. 4.  Maine Revised Statutes headnote amended; revision clause.  In the 
Maine Revised Statutes, Title 35-A, chapter 89, in the chapter headnote, the words 
"mobile telecommunications services" are amended to read "mobile telecommunications 
services and broadband service providers" and the Revisor of Statutes shall implement 
this revision when updating, publishing or republishing the statutes. 
Sec. 5.  Report.  By January 15, 2016, the Public Utilities Commission shall 
provide the Joint Standing Committee on Energy, Utilities and Technology with an 
update on the progress made in the implementation of the Maine Revised Statutes, Title 
35-A, section 8903.  The report must include legislation necessary to accomplish the 
purposes of Title 35-A, section 8903.  After receiving the report, the Joint Standing 
Committee on Energy, Utilities and Technology may report out a bill to the Second 
Regular Session of the 127th Legislature. 
SUMMARY 
This bill defines the term "broadband service provider." This bill provides authority 
for the Public Utilities Commission to regulate service standards for providers of mobile 
telecommunications services and broadband services and to investigate consumer 
complaints. This bill also allows the Public Utilities Commission, through an 
adjudicatory proceeding, to assess an administrative penalty on a mobile 
telecommunications service provider or broadband service provider for violations of 
standards adopted by the Public Utilities Commission. The bill allows the Public Utilities 
Commission to establish a reasonable assessment on providers to implement these 
provisions. This bill creates a nonlapsing fund for assessments. This bill provides the 
authority for the Public Utilities Commission to enact major substantive rules to 
implement these provisions. Lastly, this bill requires that the Public Utilities Commission 
report to the Joint Standing Committee on Energy, Utilities and Technology on the 
progress made in the implementation of these provisions and include in the report 
legislation necessary to accomplish the purposes of this bill. The Joint Standing 
Committee on Energy, Utilities and Technology may report out a bill to the Second 
Regular Session of the 127th Legislature.