An Act To IO
Maine Legislature, Session 128, LD 0406
Committee Amendment CA_A_S177 (Senate)
Amends: 35-A MRSA §711, 35-A MRSA §2301, 35-A MRSA §2501

COMMITTEE AMENDMENT "A.." to S.P. 133, L.D. 406, Bill, "An Act To 
IO 
Amend the Law Regarding Joint Use of Ce11ain Utility and Telecommunications 
Infrastructure" 
Amend the bill by striking out eve1ything after the enacting clause and before the 
summary and inse11ing the following: 
'Sec. 1. 35-A MRSA §711, as amended by PL 2011, c. 623, Pt. B, §4, is fmiher 
amended to read: 
§711. Joint use of equipment 
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, 1.vholesale competitive local mwhange carrier or 
cable television system joint use entity affected, it finds the following: 
A. That public convenience and necessity require the use by one public utility, voice 
service provider, dark fiber provider, \Vholesale competitive local eKchange can-ier or 
cable television system of the conduits, subways, ',Vires, a joint use entity to provide 
nondiscriminatory access to any 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 S;'y'stem ducts, conduits or rights-of-way owned or controlled by 
another joint use entity; 
B. That joint use will not result in ineparable injury to the owner or other users of 
the conduits, subv,rays, 1.vires, poles, pipes poles, ducts, conduits or other equipment 
rights-of-way or in any substantial detriment to the service; ana 
C. That the public utilities, voice service provider, dark fiber provider, v,rholesale 
competitive local exchange carrier or cable television system joint use entities have 
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failed to agree upon the use or the terms and conditions or compensation for the use~~ 
and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 133, L.D. 406 
D. That the joint use entity seeking access to the poles, ducts, conduits or rights-of-
way owned or controlled by another joint use entity has the technical and financial 
capabilities to fulfill its obligations related to such joint use. 
2. Liability of user. If joint use is ordered, the public utility, voice service provider, 
dark fiber provider, v,rl1olesale competitive local mwhange carrier or cable television 
system joint use entity to whom the use is permitted is liable to the owner or other users 
of the conduits, subways, v,rires, poles, pipes or other equipment poles, ducts, conduits or 
rights-of-way for damage that may result from its use to the property of the owner or 
other users. 
3. Interests of customers. Any actions taken or orders issued by the commission 
1 
under this section shall must take into account the interests of the subscribers customers 
of the affected cable television system, as well as the customers of the affected public 
utilities joint use entities. 
4. Rules. The commission shall adopt a--mle rules governing the resolution of pole 
attachment rate disputes.,.----+fIB and the rates, terms and conditions of joint use. The rules 
must promote competition, further the state broadband policy set forth in section 9202-A 
and ensure safe, nondiscriminat01y access on just and reasonable te1ms. The rules must 
also include a process for ensuring that a new joint use entity seeking access to the poles, 
ducts, conduits or rights-of-way of another joint use entity meets the requirements of 
subsection I, paragraph D. In establishing rates, the commission shall consider various 
formulas, including, but not limited to, the fonnula adopted by the Federal 
Communications Commission as codified in 47 Code of Federal Regulations, Part 1, 
Subpart J, as amended. Rules adopted or amended pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
5. Dark fiber proYider. This section applies to a dark fiber provider only with 
respect to the construction and maintenance of federally supported dark fiber. 
6. Limited jurisdiction. A joint use entity not othe1wise subject to the jurisdiction 
of the commission is subject to commission jurisdiction only for the limited purpose of 
matters relating to the use of the poles, conduits, ducts or rights-of-way in accordance 
with this section. 
7. Definitions. As used in this section, unless the context otherwise indicates, the 
following tenns have the following meanings. 
A. "lnfonnation service provider" means a provider of info1mation service as that 
term is defined in 47 United States Code, Section 153(24). 
B. 
"Joint use entity" means a public utility, voice service provider, dark fiber 
provider, wholesale or retail competitive local exchange catTier, cable television 
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system, unlit fiber provider, telecommunications service provider or information 
service provider. 
C. "Telecommunications service provider" means a provider of telecommunications 
service as that term is defined in 47 United States Code, Section 153(53). 
D. 
"Unlit fiber" means one or more strands within a bundle of fiber-optic cable 
through which an associated light signal or light communication transmission must be 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 133, L.D. 406 
provided to provide communications service, but excluding the electronic equipment 
required in order to render the fiber capable of transmitting communications. 
E. "Unlit fiber provider" means a provider of unlit fiber. 
Sec. 2. 35-A MRSA §2301, as amended by PL 2011, c. 623, Pt. B, §6, is further 
amended to read: 
§2301. Construction, maintenance and operation of lines 
Except as limited, every voice service provider, 
1.vholesale competitive local 
exchange carrier ana, telecommunications service provider as defined in section 711, 
subsection 7, paragraph C, unlit fiber provider as defined in section 711, subsection 7, 
paragraph E, info1mation service provider as defined in section 711, subsection 7, 
paragraph A, dark fiber provider for the purposes of constructing and maintaining its 
federally s,1pported 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. 3. 35-A MRSA §2501, sub-§2, as amended by PL 2009, c. 612, §8, is 
further amended to read: 
2. Applicability of section 2503. Except as otherwise provided, a person may not 
construct facilities upon and along highways and public roads without applying for and 
obtaining a written location pe1mit from the applicable licensing authority under section 
2503. 
Included within this requirement is eve1y person operating telephones or 
transmitting television signals by wire; every person that owns, controls, operates or 
manages any pipeline within or through this State for the transportation as a common 
carrier for hire of oil, gas, gasoline, petroleum or any other liquids or gases; every water 
utility and eve1y person making, generating, selling, distributing and supplying gas or 
electricity; every water utility or sewer company, district or system privately or 
municipally owned; every municipally owned or operated fire alarm, police alarm or 
street lighting circuit or system; eve1y cooperative organized under chapter 35; the 
University of Maine System, for purposes described in section 2301-A; every dark fiber 
provider for the purposes of constructing and maintaining its federally supported dark 
Reef; every unlit fiber provider as defined in section 711, subsection 7, paragraph E; 
eve1y telecommunications service provider as defined in section 711, subsection 7, 
paragraph C; eve1y info1mation service provider as defined in section 711, subsection 7, 
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paragraph A; and any other person engaged in telecommunications or the transmission of 
heat or electricity. 
Sec. 4. Rules. The Public Utilities Commission shall amend its rules adopted 
pursuant to the Maine Revised Statutes, Title 35-A, section 711, subsection 4 by Januaiy 
15, 2018 to address the te1ms and conditions of joint use.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A 
"to S.P. 133, L.D. 406 
SUMMARY 
This amendment replaces the bill. Like the bill, it adds unlit fiber providers, 
telecommunications service providers and info1mation service providers to the list of 
entities that may be subject to an order for joint use of equipment. It defines the te1m 
"joint use entity" and requires that the interests of customers of a joint use entity be 
considered in any order or actions taken by the Public Utilities Commission. It requires 
that a joint use entity seeking access to the poles, ducts, conduits or rights-of-way owned 
or controlled by another joint use entity have the technical and financial capabilities to 
fulfill its obligations related to such joint use and that the Public Utilities Commission 
develop a process to ensure this through its rules. It requires that rules adopted by the 
Public Utilities Commission promote competition, further the state broadband policy and 
ensure safe, nondiscriminatory access on just and reasonable terms. It requires that the 
Public Utilities Commission amend its rules by January 15, 2018 to address the terms and 
conditions of joint use. It provides that the jurisdiction of the Public Utilities Commission 
over joint use entities not otherwise under its jurisdiction is only for limited purposes, and 
it makes changes to the Maine Revised Statutes, Title 35-A, sections 2301 and 2501 for 
consistency with those provisions. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/23/17 feac 
LD 406 
LR 657(02) 
An Act To Amend the Law Regarding Joint Use of Certain Utility and Telecommunications 
Infrastructure 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'A" ( S - \ 11} 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Public Utilities Commission as a result of modifcations to the laws concerning joint use of 
utility poles, ducts, conduits, or rights-of-ways and the Commission's authority regarding regulation of them are 
anticipated to be minor and can be absorbed within existing budgeted resources. 
LR0657(02) - Fiscal Note - Page I of 1