An Act To Facilitate the Expansion of Broadband to Unserved Areas of the State
Maine Legislature, Session 130, LD 0933
Committee: Energy, Utilities and Technology
Sponsors: BERRY
Amends: 35-A MRSA §711

Legislative Document
No. 933
H.P. 689
House of Representatives, March 8, 2021
An Act To Facilitate the Expansion of Broadband to Unserved 
Areas of the State
(EMERGENCY)
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BERRY of Bowdoinham.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, many residents of rural Maine lack access to affordable, high-speed Internet 
service; and
Whereas, the global pandemic caused by the novel coronavirus disease, COVID-19, 
has revealed and exacerbated the inequalities of the digital divide in Maine;
Whereas, utility pole attachment rates and utility pole rental rates in unserved areas 
in Maine comprise between 25% and 40% of the cost of expanding fiber-optic lines to those 
areas; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §711, sub-§4, as amended by PL 2017, c. 199, §1, is further 
amended to read:
4.  Rules.  The commission shall adopt rules governing the resolution of pole 
attachment disputes 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, 
nondiscriminatory access on just and reasonable terms. 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 1, 
paragraph D. The rules may include establishment of a mechanism or process by which 
joint use rates in unserved areas of the State are required to be reduced or capped in a 
manner designed to encourage broadband expansion in those unserved areas and joint use 
rates in areas of the State that are not unserved areas are required to be increased.  In 
establishing rates, the commission shall consider various formulas, including, but not 
limited to, the formula adopted by the Federal Communications Commission as codified in 
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.
Sec. 2.  Public Utilities Commission; study.  The Public Utilities Commission, in 
consultation with the ConnectMaine Authority, shall study methods of promoting 
broadband expansion in unserved areas of the State through a limited-period reduction in 
utility pole attachment rates for broadband providers that agree to deliver new high-speed 
Internet service in those unserved areas in conjunction with a limited-period increase in 
utility pole attachment rates in areas of the State that are not unserved areas.  The study 
must involve, but is not limited to, a review of the so-called "One Buck Deal" financial 
incentive program implemented by the Georgia Public Service Commission.  As used in 
this section, "unserved areas" means those areas defined by rule by the ConnectMaine 
Authority pursuant to the Maine Revised Statutes, Title 35-A, section 9204-A, subsection 
1.
Sec. 3.  Report.  No later than January 1, 2022, the Public Utilities Commission shall 
submit a report to the Joint Standing Committee on Energy, Utilities and Technology 
describing the findings of the study under section 2 and any recommendations, including 
proposed legislation, resulting from that study.  After reviewing the report, the joint 
standing committee may report out legislation relating to the report to the Second Regular 
Session of the 130th Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill authorizes the Public Utilities Commission to adopt rules establishing a 
mechanism or process by which utility pole joint use rates in unserved areas of the State 
are required to be reduced or capped in a manner designed to encourage broadband 
expansion in those unserved areas and joint use rates in areas of the State that are not 
unserved areas are required to be increased.
The bill also requires the Public Utilities Commission, in consultation with the 
ConnectMaine Authority, to study methods of promoting broadband expansion in unserved 
areas of the State through a limited-period reduction in utility pole attachment rates for 
broadband providers that agree to deliver new high-speed Internet service in those unserved 
areas in conjunction with a limited-period increase in utility pole attachment rates in areas 
of the State that are not unserved areas.  No later than January 1, 2022, the Public Utilities 
Commission is required to submit a report to the Joint Standing Committee on Energy, 
Utilities and Technology describing the findings of that study and any recommendations, 
including proposed legislation, resulting from that study.  After reviewing the report, the 
joint standing committee may report out legislation relating to the report to the Second 
Regular Session of the 130th Legislature.