An Act To Modernize Maine's Broadband Standards
Maine Legislature, Session 127, LD 1167
Committee: Energy, Utilities and Technology
Sponsors: JOHNSON, GRATWICK, LIBBY, MIRAMANT, BLUME
Amends: 35-A MRSA §9204

Legislative Document 
No. 1167 
S.P. 414 
In Senate, March 31, 2015 
An Act To Modernize Maine's Broadband Standards 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator JOHNSON of Lincoln. 
Cosponsored by Senators: GRATWICK of Penobscot, LIBBY of Androscoggin, MIRAMANT 
of Knox, Representative: BLUME of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §9204, sub-§1, as amended by PL 2009, c. 63, §1, is 
repealed and the following enacted in its place: 
1.  Establish criteria defining broadband service and unserved and underserved 
areas.  The authority, by rule adopted pursuant to section 9205, subsection 3, shall 
establish criteria to define broadband service and unserved and underserved areas. 
A.  In defining broadband service, the authority shall on an annual basis consider how 
broadband service is defined by the Federal Communications Commission. The 
authority shall also consider other indicators of nationally competitive broadband 
performance expectations when defining broadband service. Any changes to rules 
that amend how broadband service is defined must strengthen the definition to ensure 
it contributes to the State's nationally competitive economic development status. 
B.  In defining unserved and underserved areas, the authority shall establish criteria 
that ensure that an area is not determined to be an unserved or underserved area if the 
effect of that determination would inhibit or impede private investment in any area or 
diminish the value of prior investment in advanced communications technology 
infrastructure within any area. Criteria established by the authority must include but 
are not limited to whether investment is planned in an area within a reasonable time. 
Criteria established by the authority to define unserved and underserved areas with 
respect to broadband service must include the percentage of households with access 
to broadband service within a municipality or other appropriate geographic area. 
Sec. 2.  35-A MRSA §9204, sub-§2, ¶¶E and F, as enacted by PL 2005, c. 665, 
§3, are amended to read: 
E.  Otherwise enhance the State's communications technology infrastructure in 
unserved and underserved areas; and 
F.  Cover reasonable administrative costs of the authority.; and 
Sec. 3.  35-A MRSA §9204, sub-§2, ¶G is enacted to read: 
G.  Enhance broadband services to achieve actual speeds for downloads and uploads 
that are equal to or greater than the average of all the New England states' actual 
speeds. 
SUMMARY 
This bill requires the ConnectME Authority to review its definition of broadband 
service on an annual basis and consider how broadband service is defined by the Federal 
Communications Commission. This bill also requires the ConnectME Authority to 
consider other indicators of nationally competitive broadband performance expectations 
when defining broadband service. This bill requires that if the ConnectME Authority 
amends its definition of broadband service, it must strengthen the definition to ensure it 
contributes to the State's nationally competitive economic development status. This bill 
also requires that the ConnectME Authority enhance broadband service in Maine to 
achieve actual speeds for downloads and uploads that are at least equal to or greater than 
the average of all the New England states' actual speeds.