An Act to Support Municipal Franchise Agreements
Maine Legislature, Session 131, LD 1967
Committee: State and Local Government
Sponsors: SACHS, LAWRENCE, BLIER, CARLOW, GEIGER, HEPLER, KESSLER, GROHOSKI, HICKMAN, RAFFERTY
Amends: 30-A MRSA §3008, 30-A MRSA §3009-B, 30-A MRSA §3010, 35-A MRSA §2503

Legislative Document
No. 1967
H.P. 1264
House of Representatives, May 18, 2023
An Act to Support Municipal Franchise Agreements
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SACHS of Freeport.
Cosponsored by Senator LAWRENCE of York and
Representatives: BLIER of Buxton, CARLOW of Buxton, GEIGER of Rockland, HEPLER of 
Woolwich, KESSLER of South Portland, Senators: GROHOSKI of Hancock, HICKMAN of 
Kennebec, RAFFERTY of York.
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.; and
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.
Sec. 4.  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 transmission 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, maintained and upgraded for signal quality or another reason by the 
video service provider.  "Facility support transmission equipment" includes, but is not 
limited to, the equipment and facilities associated with 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 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 used to 
capture and process programming in the field or in a public, educational or 
governmental studio, including all equipment used prior to the point at which that 
signal enters the private network of the video service provider.
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 transmission 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 directly or 
through one or more affiliates owns or operates facilities located in whole or in part in 
public rights-of-way that are used to provide those services, 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); or
(2)  A provider of an Internet access service, as defined in 47 United States Code, 
Section 231(e)(4), with respect to the provision of the Internet service by the 
provider.
Sec. 5.  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. 6.  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 transmission 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. 7.  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. 8.  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 shown by the franchising municipality to be reasonably necessary in light 
of community needs and interests for the capture, processing and delivery to the video 
service provider 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, but 
may recover such costs from subscribers to the extent permitted by applicable law as 
negotiated with the municipality.  This paragraph does not apply to facility support 
transmission equipment that is owned and maintained by the video service provider.
Sec. 9.  30-A MRSA §3008, sub-§3, ¶H is enacted to read:
H.  New facility support transmission equipment installed must be at the current 
resolution technology afforded to broadcasting stations.
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 with no mandatory preconditions.  A strand mile under 
this paragraph is measured from the end of the current cable system strand installation;
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 any franchise fees by the video 
service provider as may be required under the agreement or contract between the 
municipality and the video service provider and in accordance with subsection 5-A;
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, 2024, any new or renewed franchise 
agreement or contract between a municipality and a video service provider that includes 
provisions requiring payment of any franchise fees by the video service provider to the 
municipality must include the following provisions.
A.  The municipality is authorized to use the franchise fees 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.
B.  The franchise fees 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 its 
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:
(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.
C.  Each payment under paragraph B 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 video service industry.
D.  The municipality may request that the information provided by the video service 
provider pursuant to paragraph C 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 when the results of the audit demonstrate that the video service provider 
underpaid by more than 4% any franchise fees required under the franchise agreement  
or contract, in which case the video service provider must reimburse the municipality 
for the costs of the audit.
E.  A municipality's or its designee's acceptance of franchise fees paid by the video 
service provider 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 C 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-§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 video 
service.
This subsection does not allow the office to establish prices for any cable television video 
service or to regulate the content of cable television service video services.
Sec. 14.  30-A MRSA §3008, sub-§8 is enacted to read:
8.  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 franchise fees 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 franchise fees 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. 15.  30-A MRSA §3009-B is enacted to read:
§3009-B.  Dispute resolution
When there is a dispute between a municipality and a video service provider relating 
to negotiations of a franchise agreement or contract, the obligations of the parties under the 
agreement or contract or the obligations of the video service provider under sections 3008 
and 3010, the municipality or video service provider may seek resolution under subsection 
or 2.  For purposes of this section, unless the context indicates otherwise, "video service 
provider" has the same meaning as in section 3008, subsection 1-A, paragraph H.
1.  Public Utilities Commission process.  The Public Utilities Commission shall adopt 
a process for dispute resolution between a municipality and a video service provider in 
accordance with this subsection.  The commission shall adopt rules to implement this 
subsection, except that the commission may not adopt a process that addresses any 
provision of section 3010 relating to consumer rights and protections. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
2.  Binding arbitration.  A municipality or a video service provider may request 
binding arbitration by a mutually agreed upon mediator from a statewide association of 
mediators.  The arbitration must be conducted consistent with the general procedures set 
forth in the Uniform Arbitration Act. If the municipality and the video service provider are 
unable to agree on an arbitrator, they may request that a statewide association of mediators 
select an arbitrator.
Sec. 16.  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. 17.  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. 18.  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 video 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. 19.  30-A MRSA §3010, sub-§2, ¶A, as amended by PL 2007, c. 548, §2, is 
further amended to read:
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 
and the Attorney General;
(2)  States the responsibility of 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.
Sec. 20.  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 transmission equipment and public, 
educational and governmental facility 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 transmission equipment" has the same meaning 
as in section 3008, subsection 1-A, paragraph D.  As used in this subsection, "public, 
educational and governmental facility equipment" has the same meaning as in section 3008, 
subsection 1-A, paragraph E.
Sec. 21.  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 
accessed through a cable television receiver or application.  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 or applications 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.
As used in this subsection, "application" means a personal computing device program that 
provides for the transmitting or streaming of video or audio content from a video service 
provider over the Internet or other electronic communications network in real time or near 
real time, allowing a user to receive video or audio content on a personal computing device 
without downloading the entire content file.
Sec. 22.  30-A MRSA §3010, sub-§5-B, as enacted by PL 2019, c. 245, §6, is 
amended by enacting at the end a new blocked paragraph to read:
This subsection is repealed December 31, 2023.
Sec. 23.  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. 24.  30-A MRSA §3010, sub-§5-D is enacted to read:
5-D.  Transmission.  Beginning January 1, 2024, a 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 video 
service provider may not diminish, down convert or otherwise tamper with the signal 
quality or format provided by the originator.  A 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 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 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 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 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 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 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. 25.  30-A MRSA §3010, sub-§6, as amended by PL 2021, c. 553, §20, 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 actual or perceived race, color, sex, sexual orientation, 
gender identity, physical or mental disability, ancestry or national origin, age or familial 
status.
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 §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, except 
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.
SUMMARY
This bill amends the State's laws governing municipal cable television systems 
ordinances as follows.
1.  It adds definitions for the terms "application"; "facility support transmission 
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 clarifies the responsibility of a video service provider with respect to the costs 
associated with public, educational and governmental facility transmission equipment.
4.  It removes language authorizing municipalities to enter into exclusive franchise 
agreements or contracts with a video service provider.
5.  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.
6.  It requires a video service provider to carry public, educational and governmental 
access channels on the provider's basic cable or video service offerings, tiers or 
applications.
7.  It eliminates mandatory preconditions for implementing the 15 residences per linear 
strand mile.
8.  It makes a technical correction to a provision in statute relating to liability of certain 
entities with respect to obscene or defamatory statements or actions or invasion of privacy 
occurring during any program.
9.  It requires video service providers to pay a franchise fee on a quarterly basis to each 
municipality with which it has a fee requirement.
10.  It clarifies that all costs associated with public, educational and governmental 
facility equipment used for the operation 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 that holds the 
franchise agreement.  The video service provider may not offset such costs through the 
payment of required franchise fees, but may recover the costs through other means as 
permitted by law, except facility support transmission equipment, which is the 
responsibility of the video service provider.
11.  It requires new facility support transmission equipment installed to be at the current 
resolution technology afforded to broadcasting stations.
12.  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.
13.  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.
14.  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.
15.  It establishes a dispute resolution process, to be overseen by the Public Utilities 
Commission or through binding arbitration, for disputes that arise between a franchising 
municipality and a video service provider over their respective obligations under a 
franchise contract or agreement.