An Act To Ensure That Low-income Residents of the State Have Access to Telephone Services
Maine Legislature, Session 128, LD 1746
Committee: Energy, Utilities and Technology
Sponsors: WOODSOME, BERRY, JACKSON, POULIOT
Amends: 25 MRSA §2927, 35-A MRSA §7104, 35-A MRSA §7104-B, 36 MRSA §2551

Legislative Document
No. 1746
S.P. 645
In Senate, December 22, 2017
An Act To Ensure That Low-income Residents of the State Have 
Access to Telephone Services
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 19, 2017.  Referred to the Committee 
on Energy, Utilities and Technology pursuant to Joint Rule 308.2 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: JACKSON of Aroostook, Representative: POULIOT of Augusta.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA §2927, sub-§1-D, as enacted by PL 2009, c. 400, §8 and 
affected by §15, is amended to read:
1-D.  Funding.  The activities authorized under this chapter are funded through:
A.  The statewide E-9-1-1 surcharge under subsection 1-E levied on:
(1)  Each residential and business telephone exchange line, including private 
branch exchange lines and Centrex lines;
(2)  Semipublic coin and public access lines;
(3)  Customers of interconnected voice over Internet protocol service; and
(4)  Customers of cellular or wireless telecommunications service that is not 
prepaid wireless telecommunications service.  A surcharge may not be levied 
under this subparagraph with respect to customers of cellular or wireless 
telecommunications service that is supported by federal universal service support 
funds pursuant to 47 Code of Federal Regulations, Part 54; and
B.  The statewide prepaid wireless E-9-1-1 surcharge under subsection 1-F levied on 
prepaid wireless telecommunications service consumers.  A surcharge may not be 
levied under this paragraph with respect to prepaid wireless telecommunications 
service supported by federal universal service support funds pursuant to 47 Code of 
Federal Regulations, Part 54, except that a surcharge may be levied under this 
paragraph on transactions in which the customer directly purchases optional services 
that are not supported by federal universal service support funds.
Sec. 2.  35-A MRSA §7104, sub-§3, ¶D, as amended by PL 2011, c. 623, Pt. B, 
§14, is further amended to read:
D.  Ensure that any requirements regarding contributions to a state universal service 
fund be nondiscriminatory and competitively neutral; and
Sec. 3.  35-A MRSA §7104, sub-§3, ¶G, as enacted by PL 2011, c. 623, Pt. B, 
§14, is amended to read:
G.  Require, if a voice network service provider recovers its contributions under this 
section by means of a charge placed on a bill issued to a customer, explicit 
identification on that bill of any charge imposed under this section.; and
Sec. 4.  35-A MRSA §7104, sub-§3, ¶H is enacted to read:
H.  Ensure that any fees or surcharges established by or pursuant to this section are 
not imposed on revenues received from or on prepaid wireless telecommunications 
service transactions supported by federal universal service support funds pursuant to 
Code of Federal Regulations, Part 54.  This paragraph does not prohibit the 
imposition of fees or surcharges with respect to revenues received from consumers 
for optional services that are not supported by federal universal service support funds. 
Sec. 5.  35-A MRSA §7104-B, sub-§3, ¶¶C and D, as amended by PL 2017, c. 
244, §3, are further amended to read:
C.  Integrate the collection of the surcharge with any state universal service fund 
developed by the commission; and
D.  Require, if a voice network service provider recovers its contributions under this 
section by means of a charge placed on a bill issued to a customer, explicit 
identification on customer bills of the surcharge imposed under this section.; and
Sec. 6.  35-A MRSA §7104-B, sub-§3, ¶F is enacted to read:
F.  Ensure that any fees or surcharges established by or pursuant to this section are 
not imposed on revenues received from or on prepaid wireless telecommunications 
service transactions supported by federal universal service support funds pursuant to 
Code of Federal Regulations, Part 54.  This paragraph does not prohibit the 
imposition of fees or surcharges with respect to revenues received from consumers 
for optional services that are not supported by federal universal service support funds. 
Sec. 7.  36 MRSA §2551, sub-§15, ¶D, as amended by PL 2007, c. 438, §54, is 
further amended to read:
D.  The amount of any tax imposed by the United States or the State on or with 
respect to the sale of a service, whether imposed upon the seller or the consumer; or
Sec. 8.  36 MRSA §2551, sub-§15, ¶E, as enacted by PL 2007, c. 438, §54, is 
amended to read:
E.  The cost of transportation from the service provider’s place of business or other 
point from which shipment is made directly to the purchaser, as long as those charges 
are separately stated and the transportation occurs by means of common carrier, 
contract carrier or the United States Postal Service.; or
Sec. 9.  36 MRSA §2551, sub-§15, ¶F is enacted to read:
F.  Federal universal service support funds that are paid directly to the seller pursuant 
to 47 Code of Federal Regulations, Part 54.
Sec. 10.  Conforming rules.  The Public Utilities Commission shall adopt rules to 
implement this Act.  Notwithstanding the prohibitions under the Maine Revised Statutes, 
Title 35-A, section 7104, subsection 3-A and Title 35-A, section 7104-B, subsection 2-A 
on the Public Utilities Commission's adjusting the prepaid wireless telecommunications 
service fee more than once every 24 months, the Public Utilities Commission shall adjust 
the prepaid wireless telecommunications service fee as needed to conform to this Act.
SUMMARY
This bill clarifies that telephone services available to income-eligible Maine 
consumers that are supported by federal universal service support funds are not subject to 
the state service provider tax and that federal support for such services is not subject to 
fees assessed under the state universal service fund, the state telecommunications 
education access fund and the statewide E-9-1-1 surcharge.