An Act To Promote Oversight of and Competitive Parity among Video Service Providers
Maine Legislature, Session 130, LD 0920
Committee: Energy, Utilities and Technology
Sponsors: KESSLER, WOODSOME, EVANGELOS, HEPLER, SACHS, STOVER, DAUGHTRY, DIAMOND, MAXMIN
Amends: 30-A MRSA §3008, 30-A MRSA §3010, 35-A MRSA §103, 35-A MRSA §2503, 35-A MRSA §8303

Legislative Document
No. 920
H.P. 676
House of Representatives, March 8, 2021
An Act To Promote Oversight of and Competitive Parity among 
Video Service Providers
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative KESSLER of South Portland.
Cosponsored by Senator WOODSOME of York and
Representatives: EVANGELOS of Friendship, HEPLER of Woolwich, SACHS of Freeport, 
STOVER of Boothbay, Senators: DAUGHTRY of Cumberland, DIAMOND of Cumberland, 
MAXMIN of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §3008, sub-§1, ¶C, as amended by PL 2007, c. 548, §1, is 
further amended to read:
C.  To provide adequate statutory authority to municipalities to make franchising and 
regulatory decisions to implement this policy and to avoid the costs and uncertainty of 
lawsuits challenging that authority; and
Sec. 2.  30-A MRSA §3008, sub-§1, ¶D, as enacted by PL 2007, c. 548, §1, is 
amended to read:
D.  To ensure that all cable television operators video service providers receive the 
same treatment with respect to franchising and regulatory processes and to encourage 
new providers to provide competitive pressure on the pricing of such services.;
Sec. 3.  30-A MRSA §3008, sub-§1, ¶E is enacted to read:
E.  Consistent with the applicable requirements of this section, to prohibit a video 
service provider from offering or providing its services within a municipality unless it 
has entered into a franchise agreement or contract with the municipality pursuant to 
this section; and
Sec. 4.  30-A MRSA §3008, sub-§1, ¶F is enacted to read:
F.  In accordance with the oversight and enforcement authority granted to the Public 
Utilities Commission pursuant to subsection 8, to provide regulatory oversight of video 
service providers in the State.
Sec. 5.  30-A MRSA §3008, sub-§1-A, as enacted by PL 2007, c. 548, §1, is 
amended to read:
1-A.  Definitions.  For purposes of As used in this section, unless the context otherwise 
indicates, the following terms have the following meanings:.
A.  "Cable system operator" has the same meaning as "cable operator," as that term is 
defined in 47 United States Code, Section 522(5), as in effect on January 1, 2008;.
B.  "Cable television service" has the same meaning as "cable service," as that term is 
defined in 47 United States Code, Section 522(6), as in effect on January 1, 2008; and.
C.  "Cable television system" has the same meaning as "cable system," as that term is 
defined in 47 United States Code, Section 522(7), as in effect on January 1, 2008.
D.  "Facility support equipment" means the equipment associated with the 
interconnection between public, educational and governmental facility equipment and 
the headend of a video service provider's system, beginning at the point at which a 
public, educational and governmental signal enters transmitting equipment, which 
must be owned and maintained by the video service provider.  "Facility support 
equipment" includes, but is not limited to, the equipment associated with the formatting 
of public, educational and governmental programming for transmission to a subscriber 
of the video service provider.
E.  "Public, educational and governmental facility equipment" means, with respect to 
any public, educational and governmental access channel, the equipment associated 
with the interconnection between the network of the public, educational and 
governmental access channel and the network of a video service provider, beginning 
at the point at which a public, educational and governmental signal enters the private 
network of the video service provider.  "Public, educational and governmental facility 
equipment" includes, but is not limited to, all signal transmission and carriage 
methodologies employed to send, receive, manage, troubleshoot and maintain audio 
and video signals; all physical wires, fiber lines and related connectivity medium or 
device; and all equipment associated with the formatting of public, educational and 
governmental programming for transmission to a cable television service subscriber.
F.  "Public, educational and governmental programming" means content produced or 
provided by any person, group or public or private agency or organization that is used 
in conjunction with public, educational and governmental access channels and facility 
support equipment.
G.  "Public, educational and governmental signal" means any transmission of 
electromagnetic or optical energy that carries audio or video from one location to 
another for the purposes of providing public, educational and governmental 
programming.
H.  "Video service provider" means any person that sells in the State access to video, 
audio or computer-generated or computer-augmented entertainment and delivers such 
services via digital or analog infrastructure through facilities located in whole or in part 
in the public rights-of-way, irrespective of the technology used to deliver such services.
"Video service provider" includes, but is not limited to, a cable system operator and a 
common carrier that operates a cable television system. "Video service provider" does 
not include:
(1)  A commercial mobile service provider, as defined in 47 United States Code, 
Section 332(d), providing access to video programming; or
(2)  An internet access service, as defined in 47 United States Code, Section 
231(e)(4), providing access to video programming.
Sec. 6.  30-A MRSA §3008, sub-§3, ¶B, as amended by PL 2007, c. 548, §1, is 
further amended to read:
B.  Notwithstanding any provision in a franchise, a cable system operator video service 
provider may not abandon service or a portion of that service without having given 6 
months' prior written notice to the franchising municipality, if any, and to the 
municipalities affected by that abandonment.  When abandonment of any service is 
prohibited by a municipal franchise, a cable system operator video service provider 
may not abandon that service without written consent of the municipal officers.  Any 
cable system operator video service provider that violates this paragraph commits a 
civil violation for which a fine of $50 a day for each day that the violation continues 
may be adjudged.
Sec. 7.  30-A MRSA §3008, sub-§3, ¶C, as amended by PL 2007, c. 548, §1, is 
further amended to read:
C.  Neither the cable system operator video service provider whose facilities are facility 
support equipment is used to transmit a program produced by a person other than that 
operator provider, under Federal Communications Commission regulations or 
municipal ordinance, nor the officers, directors or employees of any such cable system 
operator that provider are liable for damages arising from any obscene or defamatory 
statements or actions or invasion of privacy occurring during any program when that 
cable system operator provider does not originate or produce the program.
Sec. 8.  30-A MRSA §3008, sub-§3, ¶F, as enacted by PL 2019, c. 308, §1, is 
amended to read:
F.  Notwithstanding any provision in a franchise, a cable system operator video service 
provider shall offer subscribers the option of purchasing access to cable channels, or 
programs on cable channels, individually.
Sec. 9.  30-A MRSA §3008, sub-§3, ¶G is enacted to read:
G.  Notwithstanding any provision in a franchise, a video service provider is 
responsible for all costs associated with public, educational and governmental facility 
equipment used for the management of public, educational and governmental access 
channels within the franchising municipality, including, but not limited to, technology 
upgrade costs for signal quality improvement or for other reasons.  A video service 
provider may not offset any such costs through the payment of required fees under 
subsection 5-A.
Sec. 10.  30-A MRSA §3008, sub-§4, as amended by PL 2007, c. 548, §1, is further 
amended to read:
4.  Franchise procedures.  Pursuant to subsection 2, a municipality may enact 
ordinances governing the procedures for granting franchises to cable system operators 
video service providers. These ordinances must be enacted before granting any such 
franchise or franchises and must be designed to ensure that the terms and conditions of a 
franchise will adequately protect the needs and interests of the municipality.  The 
ordinances must include, but are not limited to, provisions for the following:
A.  A mechanism for determining special local needs or interests before issuing a 
request for proposals, whether by actively seeking to determine those needs or interests 
or by allowing a period for public comment on a proposed request for proposals;
B.  The filing of franchise applications and related documents as public records, with 
reasonable notice to the public that the records are open to inspection during reasonable 
hours;
C.  A reasonable opportunity for public input before granting franchises; and
D.  The assessment of reasonable fees to defray the costs of public notice, advertising 
and other expenses incurred by the municipality in acting upon applications.
Sec. 11.  30-A MRSA §3008, sub-§5, as amended by PL 2019, c. 245, §§1 to 3, is 
further amended to read:
5.  Franchise agreements or contracts.  The State specifically authorizes municipal 
officers pursuant to ordinances to contract on such terms and conditions and impose such 
fees as are in the best interests of the municipality provided for under this subsection, 
including the grant of exclusive or nonexclusive franchises for a period not to exceed 15 
years, for the placing and maintenance of cable television systems and appurtenances, or 
parts thereof, along in public ways and including contracts with cable system operators 
video service providers that receive the services of television signal transmission offered 
by any public utilities using public ways for such transmission.  A video service provider 
may not offer or provide its services within a municipality unless it has entered into a 
franchise agreement or contract with the municipality pursuant to this subsection.  A public 
utility may not be required to contract with the municipal officers under this subsection.  
Each franchise must contain the following provisions:
A.  The area or areas to be served;
B.  A line extension policy, which must specify a minimum density requirement of no 
more than 15 residences per linear strand mile of aerial cable for areas in which the 
cable system operator video service provider will make cable television service 
available to every residence;
C.  A provision for renewal, the term of which may not exceed 15 years.  A provision 
for automatic renewal or other provision for extending the initial term is prohibited.  
Franchise renewal is governed by section 3010, subsection 5‑C;
C-1.  Provisions regarding the payment or remittance of applicable fees and surcharges 
by the video service provider in accordance with subsections 5-A and 5-B;
D.  Procedures for the investigation and resolution of complaints by the cable system 
operator video service provider;
D-1.  A provision for the use and support of public, educational and governmental 
access channels, which must be carried in the same manner and numerical location 
sequence as are the local broadcast channels originating from the State and carried on 
the cable television system pursuant to section 3010, subsection 5‑A; and
E.  Any other terms and conditions that are in the best interests of the municipality.
Sec. 12.  30-A MRSA §3008, sub-§5-A is enacted to read:
5-A.  Franchise fees.  Beginning January 1, 2022, any new or renewed franchise 
agreement or contract between a municipality and a video service provider must include 
provisions regarding the payment of the fees described in this subsection.
A.  The video service provider must be required to pay to the municipality or its 
designee a fee equal to 5% of the video service provider's gross annual revenue derived 
from its operation of the cable television system in the municipality as compensation 
for use of public rights-of-way.
B.  The municipality is authorized to use the fees collected under this subsection for 
costs associated with the regulation of the operation of the video service provider 
within the municipality; to support the provision of public, educational and 
governmental programming within the municipality; to offset municipal property 
taxes; or for any other purpose identified by the municipality.
C.  The fees under this subsection must be paid by the video service provider to the 
municipality or its designee on a quarterly basis and must be received by the 
municipality or designee no later than 45 days after the end of the calendar quarter for 
which the payment is made.  If the video service provider fails to timely pay to the 
municipality or its designee the fees required under this subsection:
(1)  Interest must accrue on the required, unpaid fees at the rate of 12% simple 
interest per annum; and
(2)  The repeated failure to timely pay such fees is a material breach of the terms 
of the franchise agreement or contract, and the municipality may at its discretion 
terminate the agreement or contract.
D.  Each payment under paragraph C must include a statement prepared by a financial 
representative or agent of the video service provider, testified and verified as correct, 
identifying the total amount of gross annual revenue generated by all activities of the 
provider within the municipality for that payment period and describing the 
calculations used to determine the amount of the payment.  The video service provider 
shall prepare and maintain the financial information and records necessary to provide 
the information required under this paragraph in accordance with accounting principles 
and auditing standards generally accepted within the cable television industry.
E.  The municipality may request that the information provided by the video service 
provider pursuant to paragraph D be subject to audit by a qualified 3rd party to be 
selected by the municipality.  The costs of the audit are to be paid by the municipality 
except where the results of the audit demonstrate that the video service provider 
underpaid by more than 4% the fees required under this subsection, in which case the 
video service provider must reimburse the municipality for the costs of the audit.
F.  A municipality's or its designee's acceptance of fees paid by the video service 
provider pursuant to this subsection does not constitute an agreement by the 
municipality that the amount of the fee is correct unless the municipality has not 
initiated a process to challenge or audit the amount of the fee paid within 36 months of 
receipt or, in the case of a fee not accompanied by a statement under paragraph D that 
is verified as correct, 48 months of receipt.  Prior to the expiration of such time period, 
the municipality may inspect relevant financial information and records of the video 
service provider and initiate a process to seek compensation for any underpayment.
Sec. 13.  30-A MRSA §3008, sub-§5-B is enacted to read:
5-B.  Video service regulatory surcharge.  A franchise agreement or contract between 
a municipality and a video service provider must include provisions regarding the 
collection and remittance of the surcharge described in this subsection.
A.  In addition to the fees required under subsection 5-A, a video service regulatory 
surcharge is imposed.  The Public Utilities Commission shall adopt rules establishing 
the amount of the surcharge, which may not exceed 25¢ per month per subscriber of 
the services provided by a video service provider and which must be designed to offset 
the anticipated costs to the Public Utilities Commission of its regulatory oversight 
activities under this section.  Rules adopted by the Public Utilities Commission 
pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
B.  Beginning on the date that the Public Utilities Commission adopts a rule 
establishing the amount of the surcharge pursuant to paragraph A, the surcharge must 
be collected by the video service provider from each of its subscribers on a monthly 
basis and the amount of the surcharge owed by each subscriber must be explicitly 
identified on the subscriber's bill and indicate that the surcharge is collected to support 
regulatory oversight activities of the cable television industry in the State by the Public 
Utilities Commission.
C.  The video service provider shall remit to the Treasurer of State the surcharge 
amounts it collected from its subscribers pursuant to paragraph B on a monthly basis 
and within one month of the month during which those surcharge amounts were 
collected.  The remittance must be accompanied by the following information provided 
on a form approved by the Public Utilities Commission:
(1)  The total surcharge remittance amount and the month and year for which that 
amount is remitted;
(2)  The calculation used to arrive at the surcharge remittance amount and the 
calculation used to arrive at the amount of any surcharge amounts determined 
uncollectible;
(3)  The legal name of the company submitting the remittance and its telephone 
number and, if applicable, the parent company name, address and telephone 
number; and
(4)  The name and telephone number of the person who completed the form.
D.  The Treasurer of State shall deposit all remittances received pursuant to paragraph 
C into a separate, dedicated, nonlapsing account of the Public Utilities Commission.  
The Public Utilities Commission may expend funds from that account only to support 
its activities related to the oversight and enforcement of this section in accordance with 
the authority granted in subsection 8.
Sec. 14.  30-A MRSA §3008, sub-§7, as amended by PL 2019, c. 245, §4, is further 
amended to read:
7.  Model franchise agreement.  The Department of Administrative and Financial 
Services, Office of Information Technology, or a successor state agency, referred to in this 
subsection as "the office," shall develop and may update and amend a model franchise 
agreement for use by any municipality and any cable system operator video service 
provider that mutually choose to adopt the model franchise agreement or any of its 
provisions.  A cable system operator video service provider may not modify or amend the 
model franchise agreement without the consent of the municipality.  The office shall make 
the model franchise agreement available on its publicly accessible website.  In the 
development of the model franchise agreement, the office shall, at a minimum, consider 
the following issues:
A.  Franchise fees;
B.  Build-out requirements;
C.  Public, educational and governmental access channels and reasonable facility 
support equipment for such channels;
D.  Customer service standards;
E.  The disparate needs of the diverse municipalities in this State; and
F.  The policy goal of promoting competition in the delivery of cable television service.
This subsection does not allow the office to establish prices for any cable television service 
or to regulate the content of cable television service.
Sec. 15.  30-A MRSA §3008, sub-§8 is enacted to read:
8.  Oversight and enforcement; rulemaking.  Except as provided in subsection 9, the 
Public Utilities Commission shall oversee and enforce the provisions of this section and 
may adopt rules as necessary for those purposes.  Rules adopted by the Public Utilities 
Commission pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. 16.  30-A MRSA §3008, sub-§9 is enacted to read:
9.  Authorized judicial actions; statute of limitations.  In accordance with the 
authority provided in Title 5, chapter 10, the Attorney General may bring an action to 
enforce the provisions of this section, including, but not limited to, an action to recover any 
unpaid fees required by this section and an action to enjoin the operation of an entity not in 
compliance with the requirements of this section.
A municipality that has suffered an adverse impact due to the action of an entity not in 
compliance with the requirements of this section may bring an action against that entity to 
recover any unpaid fees required by this section or to enjoin the operation of that entity.
Notwithstanding any provision of law to the contrary, an action brought under this section 
must be commenced within 7 years of the date that the cause of action arose.
Sec. 17.  30-A MRSA §3010, as amended by PL 2019, c. 657, §§1 and 2, is further 
amended by amending the section headnote to read:
§3010.  Consumer rights and protection relating to cable television service services 
provided by video service providers
Sec. 18.  30-A MRSA §3010, first ¶, as amended by PL 2019, c. 245, §5, is further 
amended to read:
This section applies to every franchisee.  For purposes of this section, "franchisee" 
means a cable system operator video service provider that is granted a franchise by a 
municipality in accordance with section 3008.  For purposes of this section, "cable system 
operator," and "cable television service" and "video service provider" have the same 
meanings as in section 3008, subsection 1-A, except that "cable system operator" "video 
service provider" includes a cable system operator that is a multichannel video 
programming distributor as defined in 47 United States Code, Section 522(13).  For 
purposes of this section, "originator" means a local unit of government or the entity to 
which a local unit of government has assigned responsibility for managing public, 
educational and governmental access channels.
Sec. 19.  30-A MRSA §3010, sub-§1, as amended by PL 2007, c. 548, §2, is further 
amended to read:
1.  Credits and refunds for interruption of service.  Credits and refunds for 
interruption of cable television service of services provided by a franchisee must be as 
follows.
A.  In the event service to any subscriber is interrupted for 6 or more consecutive hours 
in a 30-day period, the franchisee will, upon request, grant that subscriber a pro rata 
credit or rebate.
B.  An office of the franchisee must be open during usual business hours, have a listed 
toll-free telephone and be capable of receiving complaints, requests for adjustments 
and service calls.
C.  The franchisee shall provide subscribers with 30 days' advance written notice of an 
increase in rates, changes in billing practices, the movement of a channel to a different 
location or service tier or the deletion of a channel.
Sec. 20.  30-A MRSA §3010, sub-§2, as amended by PL 2007, c. 548, §2, is further 
amended to read:
2.  Notice to subscribers regarding quality of service.  Notice to subscribers 
regarding quality of service must be as follows.
A.  For each new subscriber, and annually thereafter, every franchisee shall cause to be 
mailed to each of its subscribers a notice that:
(1)  Informs subscribers of how to communicate their views and complaints to the 
cable system operator, video service provider and to the proper municipal official, 
the Office of the Public Advocate, the Public Utilities Commission and the 
Attorney General;
(2)  States the responsibility of the Public Utilities Commission and the Department 
of the Attorney General to receive, investigate and resolve consumer complaints 
or complaints raised by the franchising authority under section 3008 concerning 
matters other than channel selection program choices and rates;
(3)  States the policy regarding and method by which subscribers may request 
rebates or pro rata credits as described in subsection 1, paragraph A; and
(4)  Informs subscribers of their right to request basic-tier, nonpremium 
programming service and the cost of that service.
B.  The notice must be in nontechnical language, understandable by the general public 
and in a convenient format.  On or before January 30th of each year, the franchisee 
shall certify to the franchising authority and to the Public Utilities Commission and the 
Department of the Attorney General that it has distributed the notice during the 
previous calendar year as required by this section.
Sec. 21.  30-A MRSA §3010, sub-§5, as amended by PL 2007, c. 548, §2, is further 
amended to read:
5.  Franchises.  All franchises must be nonexclusive.  All franchises must include 
provision for access to, and facilities facility support equipment necessary to make use of, 
one or more local public, educational and governmental access channels subject to the 
definitions and requirements of the Cable Communications Policy Act of 1984, Public Law 
98-549 or related requirements or regulations of the Federal Communications Commission.
As used in this subsection, "facility support equipment" has the same meaning as in section 
3008, subsection 1-A, paragraph D.
Sec. 22.  30-A MRSA §3010, sub-§5-A, as enacted by PL 2019, c. 245, §6, is 
amended to read:
5-A.  Public, educational and governmental access channels.  A cable system 
operator video service provider shall carry public, educational and governmental access 
channels on the cable system operator's provider's basic cable or video service offerings or 
tiers.  A cable system operator video service provider may not separate public, educational 
and governmental access channels numerically from other local broadcast channels carried 
on the cable system operator's provider's basic cable or video service offerings or tiers and, 
in the event of a franchise license transfer, shall use the same channel numbers for the 
public, educational and governmental access channels as used for those channels by the 
incumbent cable system operator video service provider, unless prohibited by federal law.  
After the initial designation of public, educational and governmental access channel 
numbers, a cable system operator video service provider may not change the channel 
numbers without the agreement of the originator, unless the change is required by federal 
law.
A cable system operator video service provider shall restore a public, educational or 
governmental access channel that has been moved without the consent of the originator 
within the 24 months preceding the effective date of this subsection to its original location 
and channel number within 60 days after the effective date of this subsection.
Sec. 23.  30-A MRSA §3010, sub-§5-B, as enacted by PL 2019, c. 245, §6, is 
amended to read:
5-B.  Transmission.  A cable system operator video service provider shall retransmit 
public, educational and governmental access channel signals in the format in which they 
are received from the originator and at the same signal quality as that provided to all 
subscribers of the cable television service for local broadcast channels.  A cable system 
operator video service provider may not diminish, down convert or otherwise tamper with 
the signal quality or format provided by the originator.  A cable system operator video 
service provider shall deliver a public, educational or governmental access channel signal 
to the subscriber in a quality and format equivalent to the quality and format of local 
broadcast channel signals carried on the cable television service if provided as such by the 
originator.  A cable system operator video service provider shall carry each public, 
educational or governmental access channel in both a high definition format and a standard 
digital format in the same manner as that in which local broadcast channels are provided, 
unless prohibited by federal law.
A cable system operator video service provider, when requested, shall assist in providing 
the originator with access to the entity that controls the cable television service's electronic 
program guide so that subscribers may view, select and record public, educational and 
governmental access channels in the same manner as that in which they view, select and 
record local broadcast channels.  In addition, a cable system operator video service provider 
shall identify public, educational and governmental access channels on the electronic 
program guide in the same manner as that in which local broadcast channels are identified.  
This subsection does not obligate a cable system operator video service provider to list 
public, educational and governmental access channel content on channel cards and channel 
listings.  If channels are selected by a viewer through a menu system, the cable system 
operator video service provider shall display the public, educational and governmental 
access channels' designations in a similar manner as that in which local broadcast channel 
designations are displayed.
A cable system operator video service provider shall make available to the originator a toll-
free telephone number with a direct line to a service technician who is familiar with the 
signal path and equipment associated with public, educational and governmental access 
channels on the cable television system for resolution of a signal quality problem.
Sec. 24.  30-A MRSA §3010, sub-§5-C, as enacted by PL 2019, c. 245, §6, is 
amended to read:
5-C.  Franchise renewals.  The franchise renewal process must be conducted in 
compliance with 47 United States Code, Section 546 and this subsection.
A.  A cable system operator video service provider shall maintain adequate personnel 
and resources to respond to municipal requests for renewal information in a timely 
manner.  Failure to respond in a timely manner is a violation of the Maine Unfair Trade 
Practices Act.
B.  If an automatic renewal provision exists in a franchise agreement on the effective 
date of this subsection, the automatic renewal provision remains in effect until that 
franchise agreement expires.  The cable system operator video service provider shall 
notify the franchising authority of the automatic renewal no later than 36 months in 
advance of the expiration of the franchise.
C.  A municipality may require maps, diagrams, annual reports and franchise fee 
statements at renewal, which the cable system operator video service provider shall 
make available upon reasonable notice.  If information is proprietary, the municipality 
may execute a nondisclosure agreement with the cable system operator video service 
provider.
Sec. 25.  30-A MRSA §3010, sub-§6, as amended by PL 2007, c. 548, §2, is further 
amended to read:
6.  Rights of individuals.  A cable system operator video service provider may not 
deny service, deny access or otherwise discriminate against subscribers, channel users or 
general citizens on the basis of age, race, religion, sex, physical handicap or country of 
natural origin.
Sec. 26.  30-A MRSA §3010, sub-§6-A, as amended by PL 2007, c. 548, §2, is 
further amended to read:
6-A.  Subscriber privacy.  A cable system operator video service provider may not 
intrude upon the privacy of a subscriber by installing or using any equipment that allows 
the cable system operator video service provider to observe or to listen to what is occurring 
in an individual subscriber's household or to monitor the viewing habits of the subscriber 
without express, prior written consent of the subscriber.  A cable system operator video 
service provider may not sell, disclose or otherwise make available, or permit the use of, 
lists of the names or addresses of its subscribers, or any list or other information that 
identifies by name or address subscribers or subscriber viewing habits, to any person or 
agency for any purpose whatsoever without the prior written consent of the subscriber 
except that the cable system operator video service provider may make such lists available 
to persons performing services for the cable system operator video service provider in 
connection with its business or operations, such as a billing service, when the availability 
of such lists is necessary to the performance of such services if, in either case, the persons 
or entity receiving such lists agree in writing that they will not permit them to be made 
available to any other party.
Sec. 27.  30-A MRSA §3010, sub-§6-B, as amended by PL 2007, c. 548, §2, is 
further amended to read:
6-B.  Late fees.  A cable system operator video service provider may not charge a late 
fee or other penalty or charge for late payment of any bill that exceeds 1.5% per month of 
the amount due in the bill.  If the bill includes separate charges for different levels of 
service, a late fee or other penalty or charge must be calculated on the total amount overdue 
for all levels of service and may not be calculated separately for each level of service.  A 
payment is not late under this subsection until at least 30 days after those services to which 
the late fee applies have been received by the consumer.
Sec. 28.  30-A MRSA §3010, sub-§8, as enacted by PL 2007, c. 548, §2, is amended 
to read:
8.  Filing of franchise agreements.  A cable system operator video service provider 
that maintains a publicly accessible website shall post on that website a copy of the most 
recently executed franchise agreement for each franchise that it has been granted by a 
municipality in the State.
Sec. 29.  35-A MRSA §103, sub-§2, ¶E is enacted to read:
E.  The commission shall enforce the provisions of Title 30-A, section 3008.
Sec. 30.  35-A MRSA §2503, sub-§20, as amended by PL 1995, c. 254, §5, is 
further amended to read:
20.  Exclusive method.  Compliance with this section by any person is the exclusive 
method of obtaining the rights and privileges conferred in this section and no person or 
cooperative may be required, with respect to the location of its facilities, to comply with or 
be subject to any other law, including, but not limited to, Title 30‑A, chapter 165 provided, 
however, that a person subject to Title 30-A, section 3008 must comply with the 
requirements of that section with respect to the location of its facilities.
Sec. 31.  35-A MRSA §8303 is enacted to read:
§8303.  Dispute resolution; cable television franchises
1. Petition.  If a municipality has entered into a franchise agreement or contract with a 
video service provider pursuant to Title 30-A, section 3008, subsection 5 and the 
municipality or provider disputes their respective obligations under that agreement or 
contract, the municipality or provider may petition the commission under this section to 
investigate and resolve the dispute. 
2. Commission procedure. If the commission receives a petition pursuant to 
subsection 1, it shall investigate the dispute and, in an adjudicatory proceeding, may issue 
an order directing the parties to take any actions the commission finds reasonable to resolve 
the dispute.
As used in this section, "video service provider" has the same meaning as in Title 30-A, 
section 3008, subsection 1-A, paragraph H.
SUMMARY
This bill amends the State's laws governing municipal cable television systems 
ordinances as follows.
1.  It adds definitions for the terms "facility support equipment"; "public, educational 
and governmental facility equipment"; "public, educational and governmental 
programming"; "public, educational and governmental signal"; and "video service 
provider."
2.  It amends those laws to clarify the regulation under those laws of video service 
providers, which included cable system operators.
3.  It removes language authorizing municipalities to enter into exclusive franchise 
agreements or contracts with a video service provider.
4.  It prohibits video service providers from providing services within a municipality 
unless the provider has entered into a franchise agreement or contract with that 
municipality.
5.  It requires video service providers to pay on a quarterly basis to each municipality 
with which it has a franchise agreement or contract a fee equal to 5% of the provider's gross 
annual revenue from its operations within the municipality.
6.  It clarifies that all costs associated with public, educational and governmental 
facility equipment used for the management of public, educational and governmental 
access channels within a franchising municipality, including technology upgrade costs for 
signal quality improvement, are the responsibility of the video service provider the 
municipality has granted a franchise to.  The video service provider may not offset such 
costs through the payment of required franchise fees.
7.  It authorizes the Public Utilities Commission to oversee and enforce provisions 
relating to the municipal franchising of video service providers.  Costs associated with that 
oversight and enforcement will be offset through the collection by video service providers 
from their subscribers of a video service regulatory surcharge, the amount of which will be 
established by the Public Utilities Commission by rule but which may not exceed 25¢ per 
month per subscriber.
8.  It authorizes the Attorney General to bring an enforcement action against a 
noncompliant video service provider in accordance with its authority under the Maine 
Unfair Trade Practices Act.  It also authorizes a municipality to bring a similar enforcement 
action.  Both types of actions must be brought within 7 years of the date the cause of action 
arose.
9.  It clarifies that the consumer protection provisions in law currently available to 
consumers with respect to cable television service apply to the services provided by video 
service providers.
10.  It excludes from otherwise applicable permitting requirements under the laws 
regulating facilities in the public way the provision of services by a video service provider 
that are instead regulated under the laws governing municipal cable television systems 
ordinances, as amended by this legislation.
11.  It establishes a dispute resolution process, to be overseen by the Public Utilities 
Commission, for disputes that arise between a franchising municipality and a video service 
provider over their respective obligations under a franchise contract or agreement.