An Act To Establish Municipal Access to Utility Poles Located in Municipal Rights-of-way
Maine Legislature, Session 129, LD 1192
Committee Amendment CA_A_S69 (Senate)
Amends: 35-A MRSA §2524

COMMITTEE AMENDMENT " /t " to S.P. 366, L.D. 1192, Bill, "An Act To 
Establish Municipal Access to Utility Poles Located in Municipal Rights-of-way" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 35-A MRSA §2524 is enacted to read: 
§2524. Municipal access to poles 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Make-ready work" means the rean-angement or transfer of existing facilities, 
replacement of a pole, complete removal of any pole replaced or any other changes 
required to make space available for an additional attachment to a shared-use pole. 
B, 
"Municipality" means a town, f(ity, R!tmtation, county, ,ygfonal ~ou9vil of 
governments, quasi-municipal corporation or district as defined in Title 30-A, section 
2351, regional municipal utility district established according to Title 30-A, section 
2203, subsection 9 or a corporation wholly or partially owned by an entity specified 
in this paragraph. 
C. 
"Unserved or underserved area" has the same meaning as in section 9202, 
subsection 5. 
2. Access to poles; make-ready requirements. Notwithstanding any provision of 
law to the contrary, for the purpose of safeguarding access to infrastructure essential to 
public health, safety and welfare, an owner of a shared-use pole and each entity attaching 
to that pole is responsible for that owner's or entity's own expenses for make-ready work 
to accommodate a municipality's attaching its facilities to that shared-use pole: 
A. For a governmental purpose consistent with the police power of the municipality; 
or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 366, L.D. 1192 ( (;;) «w'1) 
B. For the purpose of providing broadband service to an unserved or underserved 
area.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
The amendment changes the provision in the bill that exempts a municipality from 
expenses assessed for make-ready work to accommodate the municipality's attaching its 
facilities to a shared-used pole for any purpose. The amendment instead exempts a 
municipality from expenses assessed for make-ready work to accommodate the 
municipality's attaching its facilities for a governmental purpose consistent with the 
police power of the municipality or for the purpose of providing broadband service to an 
unserved or underserved area. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/21/19 feac:.. 
LD 1192 
LR 1131(02) 
An Act To Establish Municipal Access to Utility Poles Located in Municipal Rights-of-way 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "W lS-lP.'<) 
Committee: Energy, Utilities and Technology 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional cost to the Public Utilities Commission as a result of changes to the rules regarding the municipal 
exemption from "make-ready work" fees charged by the owner of a shared-use pole for attachment to, or 
modifications of the arrangement of utilities on, a shared-use pole are anticipated to be minor and can be absorbed 
within existing budget resources. 
LRl 131 (02) - Fiscal Note - Page I of 1