An Act To Amend the Law Regarding Joint Use of Certain Utility and Telecommunications Infrastructure
Maine Legislature, Session 128, LD 0406
Committee: Energy, Utilities and Technology
Sponsors: WOODSOME, BERRY, THIBODEAU
Amends: 35-A MRSA §711

Legislative Document
No. 406
S.P. 133
In Senate, February 7, 2017
An Act To Amend the Law Regarding Joint Use of Certain Utility 
and Telecommunications Infrastructure
Submitted by the Public Utilities Commission pursuant to Joint Rule 204.
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator WOODSOME of York.
Cosponsored by Representative BERRY of Bowdoinham and
Senator: President THIBODEAU of Waldo.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  35-A MRSA §711, as amended by PL 2011, c. 623, Pt. B, §4, is further 
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, wholesale competitive local exchange carrier or 
cable television system affected, it finds the following:  
A.  That public convenience and necessity require the use by one public utility, voice 
service provider, dark fiber provider, wholesale competitive local exchange carrier or, 
cable television system, unlit fiber provider, telecommunications service provider or 
information service provider of the conduits, subways, wires, 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 system, unlit fiber 
provider, telecommunications service provider or information service provider; and 
B.  That joint use will not result in irreparable injury to the owner or other users of 
the conduits, subways, wires, poles, pipes or other equipment or in any substantial 
detriment to the service; and. 
C.  That the public utilities, voice service provider, dark fiber provider, wholesale 
competitive local exchange carrier or cable television system have failed to agree 
upon the use or the terms and conditions or compensation for the use. 
2.  Liability of user.  If joint use is ordered, the public utility, voice service provider, 
dark fiber provider, wholesale competitive local exchange carrier or, cable television 
system, unlit fiber provider, telecommunications service provider or information service 
provider to whom the use is permitted is liable to the owner or other users of the conduits, 
subways, wires, poles, pipes or other equipment for damage that may result from its use 
to the property of the owner or other users. 
3.  Interests of subscribers.  Any actions taken or orders issued by the commission 
under this section shall must take into account the interests of the subscribers of the 
affected voice service provider, dark fiber provider, wholesale competitive local 
exchange carrier, cable television system, unlit fiber provider, telecommunications 
service provider or information service provider, as well as the customers of the affected 
public utilities. 
4.  Rules.  The commission shall adopt a rule rules governing the resolution of pole 
attachment rate disputes joint use.  The In establishing compensation or rates, the 
commission shall consider various formulas, including, but not limited to, the formula 
adopted by the Federal Communications Commission as codified in 47 Code of Federal 
Regulations, Part 1, Subpart J, as amended. 
5.  Dark fiber provider.  This section applies to a dark fiber provider only with 
respect to the construction and maintenance of federally supported dark fiber. 
6.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Information service" has the same meaning as in 47 United States Code, Section 
153(24). 
B.  "Telecommunications service" has the same meaning as in 47 United States Code, 
Section 153(53). 
C.  "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 
provided to provide communications service, but excluding the electronic equipment 
required in order to render the fiber capable of transmitting communications.  
SUMMARY 
This bill makes the following changes to the laws governing joint use of equipment 
regulated by the Public Utilities Commission. 
1.  It changes the conditions under which the commission may order joint use of 
equipment by eliminating the requirement that a hearing be held upon the commission's 
motion or that a complaint be filed by an affected entity before the commission may order 
joint use of equipment.  It also eliminates the requirement that the commission find that 
the parties have failed to agree on the terms and conditions or compensation for the joint 
use of equipment before the commission may enter an order. 
2.  It adds unlit fiber providers, telecommunications service providers and 
information service providers to the list of entities that may be subject to an order for 
joint use of equipment. 
3.  It expands the types of subscribers whose interests must be taken into account by 
the commission when taking actions or issuing orders related to joint use of equipment. 
4.  It requires the commission to adopt rules governing joint use of equipment.