An Act To Encourage the Development of Broadband Coverage in Rural Maine
Maine Legislature, Session 129, LD 1563
Committee Amendment CA_A_S405 (Senate)
Amends: 5 MRSA §12004-G, 35-A MRSA §9203, 5 MRSA §12021, 30-A MRSA §5225, 35-A MRSA §2503, 35-A MRSA §7104-B, 35-A MRSA §9202, 35-A MRSA §9204-A, 35-A MRSA §9207, 35-A MRSA §9208, 35-A MRSA §9211, 35-A MRSA §9216, 35-A MRSA §9217

COMMITTEE AMENDMENT "fl " to S.P. 498, L.D. 1563, Bill, "An Act To 
Encourage the Development of Broadband Coverage in Rural Maine" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA §12004-G, sub-§33-F, as enacted by PL 2005, c. 665, §1, is 
amended to read: 
33-F. 
Technology 
Conneet:ME 
ConnectMaine 
Authority 
Not Authorized 
35-A MRSA §9203 
Sec. 2. 5 MRSA §12021, sub-§6, ~' as enacted by PL 2011, c. 616, Pt. A, §1, is 
amended to read: 
B. The Conneet:ME ConnectMaine Authority under Title 35-A, section 9203; 
Sec. 3. 30-A MRSA §5225, sub-§1, 1C, as amended by PL 2019, c. 260, §1, is 
further amended by amending subparagraph (9) to read: 
(9) 
Costs associated with broadband and fiber optics expansion projects, 
including preparation, planning, engineering and other related costs in addition to 
the construction costs of those projects. If an area within a municipality or 
plantation is unserved with respect to broadband service, as defined by the 
Conneet:ME ConnectMaine Authority as provided in Title 35-A, section 9204-A, 
subsection 1, broadband and fiber optics expansion projects may serve residential 
or other nonbusiness or noncommercial areas in addition to business or 
commercial areas within the municipality or plantation; and 
Sec. 4. 35-A MRSA §2503, sub-§2, as amended by PL 2017, c. 344, §1, is 
further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 498, L.D. 1563 ( _(,, L./ C>':;;'") 
2. Notice. The applicant may give public notice of the application by publishing its 
description of the proposed facility once in a newspaper circulated in the municipality or 
municipalities encompassing the limits of the proposed location. The applicant shall send 
a copy of any application filed with the Department of Transportation to the municipal 
clerk of each municipality in which the facilities are located, or to the clerk of the county 
commissioners in the case of facilities within an unorganized township, except that the 
applicant may, without publication of its application, place its facility described in its 
application on receipt of a permit from the licensing authority as may be otherwise 
provided. If a proposed facility is located underground and is in excess of 500 feet in 
length, the applicant shall, within 5 business days of submitting an application to the 
applicable licensing authority, provide the ConneotME ConnectMaine Authority 
established in Title 5, section 12004-G, subsection 33-F a notice that includes a 
description and the location of the proposed facility. 
Sec. 5. 35-A MRSA §7104-B, sub-§5, ,ii, as enacted by PL 2019, c. 52, §4, is 
amended to read: 
I. To provide, within existing resources, support for qualified libraries in rural areas 
of the State with greatest need, as determined in consultation with the State Librarian, 
the Commissioner of Education and the Conneot~ffi ConnectMaine Authority, to 
offer portable wireless access points, or hotspots, for mobile Internet access. 
Sec. 6. 35-A MRSA §9202, sub-§2, as enacted by PL 2005, c. 665, §3, is 
amended to read: 
2. 
Authority. 
"Authority" means the ConneotME ConnectMaine Authority 
established in section 9203. 
Sec. 7. 35-A MRSA §9203, as amended by PL 2019, c. 343, Pt. QQ, §2, is further 
amended to read: 
§9203. ConneetME ConnectMaine Authority 
1. 
Establishment; membership. 
The Conneot~ffi ConnectMaine Authority is 
established to further the goals and policies in section 9202-A. The authority is created as 
a body corporate and politic and a public instrumentality of the State. The exercise by the 
authority of powers conferred by this chapter is considered to be the performance of 
essential governmental functions. The authority consists of the following 7 voting 
members: 
A. The chair of the Public Utilities Commission or the chair's designee; 
B. The Chief Information Officer of the State or the officer's designee; 
C. One representative of consumers, appointed by the Governor; 
D. 
Two members with significant knowledge of communications technology, 
appointed by the Governor; 
E. 
The Commissioner of Economic and Community Development or the 
commissioner's designee; and 
F. One member with significant knowledge oftelemedicine as defined in Title 24-A, 
section 4316, subsection 1, appointed by the Governor. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" fl "to S.P. 498, L.D. 1563 c~) ,,L\t:,S \ 
Compensation of members is as provided in Title 5, section 12004-G, subsection 33-F. 
2. Terms; chair; vacancies. All members are appointed for 3-year terms. The 
Governor shall appoint a chair from among the 4 members appointed by the Governor. In 
the event of a vacancy in the membership, the Governor shall appoint a replacement 
member for the remainder of that vacated term. Each member of the authority serves until 
that member's successor is appointed and qualified. Any member of the authority is 
eligible for reappointment. 
3. Officers; quorum. The authority may elect a secretary and a treasurer, who may, 
but need not, be members of the authority. Four members of the authority constitute a 
quorum, and the affirmative vote of 4 members is necessary for any action taken by the 
authority. 
4. Participation by members. A member may participate in a meeting of the 
authority and place a vote electronically or telephonically as long as members of the 
public have an opportunity to listen to the deliberations of the authority and otherwise 
participate in or observe the proceedings of the authority consistent with Title 1, section 
405. 
5. Indemnification. Each member of the authority must be indemnified by the 
authority against expenses actually and necessarily incurred by the member in connection 
with the defense of any action or proceeding in which the member is made a party by 
reason of being or having been a member of the authority and against any final judgment 
rendered against the member in that action or proceeding. 
7. Staff; central broadband planning board. The Department of Economic and 
Community Development shall provide staff for the authority. That staff shall serve as 
the central broadband planning board for the State and shall support the authority in 
accordance with the provisions of this chapter. 
Sec. 8. 35-A MRSA §9204-A, sub-§7, as enacted by PL 2015, c. 284, §7, is 
amended to read: 
7. Administer funds. The authority shall administer the ConneotME ConnectMaine 
Fund as established pursuant to section 9211. 
Sec. 9. 35-A MRSA §9207, as enacted by PL 2005, c. 665, §3, is amended to 
read: 
§9207. Collection of data 
Subject to the provisions in this section, the authority may shall collect data annually 
from communications service providers and any wireless provider providers that own or 
operate advanced communications technology infrastructure in the State data concerning 
infrastructure deployment and oosts, revenues and subsoribership for the purpose of 
developing mapping information to assist the authority in implementing the provisions of 
section 9202-A; pricing data for advertised retail pricing for broadband services offered 
in the State; and revenue data for the purpose of assessing communications service 
providers subject to section 9211. 
The authority shall permit providers that have 
provided data to the authority at a level of detail that the authority has determined 
acceptable to continue to provide the data in the same format. For mapping data, the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 11 "to S.P. 498, L.D. 1563 
authority, whenever possible, shall use data formats consistent with data formats used for 
mapping at the federal level. 
1. Confidential information. If the authority, on its own or upon request of any 
person or entity, determines that public access to specific infotmation about 
communications service providers in the State could compromise the security of public 
utility systems to the detriment of the public interest or that specific information is of a 
competitive or proprietary nature, the authority shall issue an order designating that 
information as confidential. Information that may be designated as confidential pursuant 
to this subsection includes, but is not limited to, network diagrams. The authority may 
designate information as confidential under this subsection only to the minimum extent 
necessary to protect the public interest or the legitimate competitive or proprietary 
interests of a communications service provider. The authority, upon request or on its own 
motion, may initiate a proceeding to determine whether to remove the confidential 
designation of specific information provided under this section. The authority shall adopt 
rules pursuant to section 9205, subsection 3 defining the criteria it will use to satisfy the 
requirements of this paragraph and the types of information that would satisfy the criteria. 
The authority may not designate any inf01mation as confidential under this subsection 
until those rules are finally adopted. 
Information designated as confidential under this subsection is not a public record under 
Title 1, section 402, subsection 3. 
2. Protection of information. A communications service provider may request that 
confidential or proprietary info1mation provided to the authority under subsection 1 not 
be viewed by those members of the authority who could gain a competitive advantage 
from viewing the information. Upon such a request, the authority shall ensure that the 
information provided is viewed only by those members of the authority and staff who do 
not stand to gain a competitive advantage and that there are adequate safeguards to 
protect that information from members of the authority who could gain a competitive 
advantage from viewing the information. 
Sec. 10. 35-A MRSA §9208, sub-§3, as enacted by PL 2005, c. 665, §3, is 
amended to read: 
3. Investments. Contains a listing of any investments of money in the ConneotME 
ConnectMaine Fund, as established pursuant to section 9211, and a tracking of the 
infrastructure improvements resulting from the investments; and 
Sec. 11. 35-A MRSA §9211, as amended by PL 2019, c. 343, Pt. SSSS, §§3 and 
4, is further amended to read: 
§9211. ConnectME ConnectMaine Fund 
1. ConnectME ConnectMaine Fund established. The ConneotMB ConnectMaine 
Fund, referred to in this section as "the fund, 
is established as a nonlapsing fund 
administered by the authority for the purposes of supporting the activities and projects of 
the authority under this chapter. The ConnectMaine Fund may also be referred to as "the 
ConnectME Fund. 
2. Assessment. After receiving authorization pursuant to Title 5, section 8072 to 
fmally adopt major substantive rules under section 9205, subsection 3 or after January 15, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 498, L.D. 1563 cs,l/clf) 
2007, whichever is later, the authority may require every communications service 
provider to contribute on a competitively neutral basis to the fund. The assessment may 
not exceed 0.25% of the revenue received or collected for all communications services 
provided in this State by the communications service provider. 
A facilities-based 
provider of wireless voice or data retail service may voluntarily agree to be assessed by 
the authority as a communications service provider under this subsection. 
2-A. 
Surcharge; collection. 
Beginning January 1, 2020, in addition to the 
assessment imposed pursuant to subsection 2, a ConnectME surcharge of 10¢ per line or 
number is imposed. The assessment imposed pursuant to subsection 2 and the surcharge 
imposed pursuant to this subsection must be collected from the customer on a monthly 
basis by each communications service provider. Revenue must be deposited in the fund. 
3. Explicit identification of assessment and surcharge on customer bills. A 
communications service provider assessed pursuant to subsection 2 may recover the 
amount of the assessment from the provider's customers. If a provider recovers the 
amount from its customers, it must explicitly identify the amount owed by a customer on 
the customer's bill and indicate that the funds are collected for use in the ConnectME 
Fund. 
Beginning January 1, 2020, the ConnectME surcharge imposed pursuant to 
subsection 2-A must be shown separately from the assessment imposed pursuant to 
subsection 2 as a statewide ConnectME surcharge on the customer's bill. 
Sec. 12. 35-A MRSA §9216, as amended by PL 2015, c. 151, §§1 and 2 and c. 
284, §10, is repealed. 
Sec. 13. 35-A MRSA §9217, sub-§1, as enacted by PL 2015, c. 284, §11, is 
amended to read: 
1. Requirements Elements of plans. Plans funded through grants under this section 
lffilSt may include: 
A. I}efine A description of local broadband needs and goals; 
B. hlventory An inventory of existing broadband infrastructure assets within the 
municipality, municipalities or region; 
C. 
hlolude a A gap analysis defining the additional broadband infrastructure 
necessary to meet identified needs and goals; 
D. Include one One or more potential network designs, cost estimates, operating 
models and potential business models based on input from broadband providers 
operating within the municipality, municipalities or region and any other parties that 
submit a network design solution in the course of developing the plan to address any 
broadband gaps identified in paragraph C; and 
E. 
hlolude an An assessment of all municipal procedures, policies, rules and 
ordinances that have the effect of delaying or increasing the cost of broadband 
infrastructure deployment. 
The authority shall make all plans developed using grant funds under this section 
available on the authority's publicly accessible website. 
Sec. 14. Transition provisions. The following provisions govern the transition 
of the ConnectME Authority to the ConnectMaine Authority. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f. "to S.P. 498, L.D. 1563 (r J./t,Si) 
1. The ConnectMaine Authority is the successor in every way to the powers, duties 
and functions of the former ConnectME Authority. 
2. All existing rules, regulations and procedures in effect, in operation or adopted in 
or by the ConnectME Authority or any of its administrative units or officers are hereby 
declared in effect and continue in effect until rescinded, revised or amended by the proper 
authority. 
3. 
All existing contracts, agreements and compacts currently in effect in the 
ConnectME Authority continue in effect. 
4. Any positions authorized and allocated subject to the personnel laws to the former 
ConnectME Authority are transferred to the ConnectMaine Authority and may continue 
to be authorized. 
5. All records, property and equipment previously belonging to or allocated for the 
use of the former ConnectME Authority become, on the effective date of this Act, part of 
the property of the ConnectMaine Authority. 
6. All existing forms, licenses, letterheads and similar items bearing the name of or 
referring to the "ConnectME.Authority" may be utilized by the ConnectMaine Authority 
until existing supplies of those items are exhausted. 
Sec. 15. Rulemaking. Within 90 days of the effective date of this Act, the 
ConnectMaine Authority shall commence rulemaking to implement the provisions of this 
Act. In adopting rules to implement changes to the Maine Revised Statutes, Title 35-A, 
section 9207, the authority shall consider permitting providers to submit data in a 
shapefile format. For the purposes of this section, "shapefile" means a vector data storage 
format for storing the location, shape and attributes of geographic features. Rules adopted 
under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 
2-A.' 
SUMMARY 
This amendment replaces the bill, which is a concept draft. The amendment does the 
following: 
1. Renames the ConnectME Authority the ConnectMaine Authority in the Maine 
Revised Statutes; 
2. Amends the law governing collection of data by the ConnectMaine Authority to 
require, rather than permit, certain data collection and to specify the purposes for which 
data may be required. It also specifies that the authority may initiate a proceeding to 
determine whether to remove confidential designation of specific information; 
3. Repeals the broadband sustainability fee; 
4. Amends the law regarding broadband plans funded by broadband planning grants 
to remove the requirement that the plans include certain elements, instead allowing these 
8 
elements to be included; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" p "to S.P. 498, L.D. 1563 ( S· L\b ':/') 
5. Requires the authority to initiate rulemaldng within 90 days of the effective date 
of the Act to implement the provisions of the Act. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/19/20 frac.. 
LD 1563 
LR 1032(02) 
An Act To Encourage the Development of Broadband Coverage in Rural Maine 
Fiscal Note for Bill as Amended by Committee Amendment "~' Cs-L\e;~ 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the ConnectME Authority as a result of changing its name to the ConnectMaine Authority, 
amending reporting requirements for providers and changing required elements of broadband plan submissions are 
anticipated to be minor and can be absorbed within existing budgeted resources. 
LR1032(02) - Fiscal Note - Page 1 of 1