An Act to Support Municipal Franchise Agreements
Maine Legislature, Session 131, LD 1967
Committee Amendment CA_A_H728 (House)
Amends: 30-A MRSA §3008, 30-A MRSA §3010

COMMITTEE AMENDMENT "/| » to H.P, 1264, L.D. 1967, "An Act to Support
Municipal Franchise Agreements"
Amend the bill by striking out all of section 4 and inserting the following;
'See. 4. 30-A MRSA §3008, sub-§l-A, as enacted by PL 2007, c. 548, §1, is
amended to read:
1-A. Definitions. For purpeses-ef As used in this section, unless the context otherwise
indicates, the following terms have the following meanings^
A. "Cable system operator" has the same meanmg 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;-aad^
C, "Cable television system" has the same meaning as "cable system," as that term is
defmed in 47 United States Code, Section 522(7), as in effect on January 1, 2008,
D, "Affiliate" means a busmess entity effectively controlline or controlled by another
person or associated with other persons under common ownership or CQntrol.
E. Application means an interactive computer or software program Qperating on a
5 device that provides for the reception of transmitted or streamed video, audio or other
digital content from a video service provider over the Internet _QT other electronic
communications network in real time or near real time. allowine a user to receive such
content on a device without downloading the entire content file,
F. "Facility suouort transmission equipment" means the equipment associated with the
interconnection between public, educational and eovernmental facility eqmpment and
the headead of a video service provider's system. beeinning at the point at which a
public, educational and eovemmental signal enters transmitting equipment, which
must be owned, maintained and upgraded for signal quality_o^anotfierieason by the
video service provider, "Facility support transmission eamBment" includes, but is not
5 limited to. the equipment and facilities associated with sienal transmission and camase
COMMITTEE AMENDMENT
i
COMMITTEE AMENDMENT "/T " to H.P.1264, L.D.1967
i09
methodoloeies employed to send. receive, manage, troubleshoot and maintain audio
and video signals; all physical wires, fiber lines and related CQnnectivitymedium or
device: and all equipment associated with the formatting of public. educationaLand
governmental programming for transmission to a subscriber of the video service
provider.
G. "Public, educational and eovernmental facility eguioment" means, with respect to
any public, educational and governmental access channel, the eguipment used to
capture and process proerammjng in the field or in a public, educational or
eovemmental studio, including all equipment used prior to the point at which that
signal enters the private netwoi'k_Qfthe YJde^s^
H. "Public, educational and eovernmental proerammine" means content produced or
provided by any person, group or public or private aeencv or oreamzation that is used
in conjunction with public, educational and governmental access channels and facility
support transmission eauipment.
I. "Public, educational and eovernmental signal" means any transmission of
electromagnetic or optical energy that carries ^ a^ one location to
another for the purposes of providing public, educational and governmental
oroeramming.
I, "Video service provider" meansmYVeisQ^ or through one or more
affiliates sells in the State access to video, audio or commiter-generated or comouter-
augmented entertainment and owns or operates facilities located in whole or in part in
a municipality's public rights-of-wav that are used to provide those services.
irrespective of the technoloev or application used to deliver such_seryices.
"Video service provider" mcludes, but is not limited to, a cable system ouerator and a
common carrier that operates a cable television system. "Yjdeo service provider" does
not include:
d) A provider of commercial mobile service, as defined in 47 United States Code,
Section 332Cdyn: or
(2) A provider of an Internet access service, as defined in 47 United States Code,
Section 23Ke)f4'), with respect to the Erovision of the Internet service by the
provider.'
Amend the bill by striking out all of section 7 and inserting the following:
'See. 7. 30-A MRSA §3008, sub-§3, ^F, as enacted by PL 2019, c. 308, §1, is
repealed,'
Amend the bill in section 8 in paragraph G in the 9th line (page 3, line 15 in L.D.) by
inserting after the following: "law" the following: 'and'
Amend the bill in section 8 in paragraph G in the last 2 lines (page 3, lines 16 and 17
in L.D.) by strikmg out the following; "This paragraph does not apply to facility support
transmission equipment that is owned and maintained by the video service Drovider."
Amend the bill in section 11 in subsection 5 in the 12th line (page 4, line 9 in L.D.) by
striking out the following; "Each" and inserting the following: 'Eaefe Any new, renewed or
amended'
Page2-131LR0713(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/-I " to H,P, 1264, L,D. 1967
^c
Amend the bill in section 11 in subsection 5 in paragraph B in the 2nd line (page 4, line
12 in L.D.) by inserting after the following; "than" the following; 'an average of
Amend the bill in section 11 in subsection 5 in paragraph B in the 4th line (page 4, line
14 in L.D,) by striking out the following: "with no mandatory preconditions"
Amend the bill m section 11 in subsection 5 in paragraph B by inserting after paragraph
B and before paragraph C the following blocked paragraph:
'A video service provider may not establish mandatory preconditions M^^^^^ by
potential subscribers for the construction of a luie extension on a municipal public
rifiht-of-wav including, but not limited to, a requu'ement that a potential subscriber sign
a contract for service in advance of the construction of the Ime extension. Nothing in
this paragraph prohibits a video service provider from reauirine payment of cost
sharmg fr^ prior to construction of a line extension in
accordancewith a line extension policv required by this paraeraph.'
Amend the bill in section 12 in subsection 5-A in the first line (page 4, line 30 in L.D.)
by striking out the following; "Beginnmg January 1. 2024. any new or renewed" and
inserting the following: 'Any new. renewed or amended'
Amend the bill in section 13 in subsection 7 in paragraph C m the first line (page 5,
line 43 in L.D.) by insertmg after the followmg: "reasonable" the following: 'public,
educational and eovernmenta!'
Amend the bill in section 13 in subsection 7 in paragraph C in the last line (page 5, line
44 in L.D.) by striking out the following: "support" and insertmg the following; 'support'
Amend the bill by striking out all of section 14 and inserting the following;
'See. 14. 30-A MRSA §3008, sub-§8 is enacted to read;
8. Authorized judicial actions; statute of limitations. A violation of this section
constitutes a violation of the Maine Unfair Trade Practices Act.
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 aeainst that entity to
recover any unpaid franchise fees or to enjoin the operation of that entity.
NQtwithstandme any orovision of law to the contrary, an action broueht under this section
0 must be commenced within 7 years of the date that the cause of action arose.'
Amend the bill in section 15 ui §3009-B in the first indented paragraph in. the last line
(page 6, line 25 in L.D.) by striking out the following: "H" and inserting the following: T
Amend the bill in section 15 in §3009-B in subsection 2 in the 2nd line (page 6, line 34
in L.D.) by strlkmg out the following: "mediator" and inserting the followmg: 'arbitrator'
Amend the bill in section 20 m subsection 5 in the first blocked paragraph in the 2nd
line (page 8, line 10 m L.D.) by striking out the following; D" and insertmg the following:
'F
Amend the bill in section 20 in subsection 5 in the first blocked paragraph in the last
line (page 8, line 12 in L.D,) by striking out the following: "E" and inserting the following:
'G'
Amend the bill by striking out all of section 21 and inserting the following;
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT"/ | "toH.P. 1264, L.D. 1967
^
'See. 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 offermgs 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 e?. tiers or applications and, iti
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-epwate? 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 precedmg 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" has the same meaning as in section 3008,
subsection 1-A. oaraeraoh E.'
Amend the bill by striking out all of section 22 and inserting the following:
'See. 22. 30-A MRSA §3010, sub-§5-B, as enacted by PL 2019, c, 245, §6, is
repealed.'
Amend the bill in section 24 in subsection 5-D in the first line (page 9, line 16 in L.D.)
by striking out the following: "Beginning: January 1. 2024, a" and inserting the following:
IAI
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment makes the following changes to the bill.
1. It makes several changes to the definition of "video service provider" and adds a
definition of "affiliate,"
2. It repeals the law requirmg a cable system operator to offer subscribers the option of
purchasing access to cable channels or programs on cable channels individually,
3. It amends the law requiring provisions m a franchise to specify that a line extension
policy's minimum density requirement must be of no more than an average of 15 residences
8 per linear strand mile of aerial cable,
4, It clarifies the prohibition in the bill on a video service provider's establishing
mandatory preconditions to be met by potential subscribers for the construction of a line
extension on a municipal public right-of-way,
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT",/! "toH.P, 1264, L.D. 1967
5. It clarifies that a violation of the Maine Revised Statutes, Title 30-A, section 3008
is a violation of the Maine Unfair Trade Practices Act.
6, It makes language changes for consistency within the bill and removes specific dates
within the bill to make the requirements of the Act applicable when the bill becomes law.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 12/21/23 ^^d
LD 1967 LR 713(02)
An Act to Support IVIunicipal Franchise Agreements
Fiscal Note for Bill as Amended by Committee Amendment '/f ( M^ A—'
Committee: Energy, Utilities and Technology
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Minor cost increase - Other Special Revenue Funds
Fiscal Detail and Notes
Any additional costs to the Department of Administrative and Financial Services, Office of Information Technolo'
and to the Public Utilities Commission to implement the provisions of this bill are expected to be minor and can be
absorbed within existing budgeted resources,
LR0713(02) - Fiscal Note - Page 1 of 1