An Act To Facilitate Wireless Broadband Deployment in Maine and Modify the Process for Issuing Utility Facility Location Permits
Sec. 1. 30-A MRSA §4362 is enacted to read:
§ 4362. Small cell facilities
Sec. 2. 35-A MRSA §2502, sub-§§1-A to 1-D are enacted to read:
Sec. 3. 35-A MRSA §2502, sub-§3, ¶B, as enacted by PL 1987, c. 141, Pt. A, §6, is amended to read:
Sec. 4. 35-A MRSA §2502, sub-§§5 to 11 are enacted to read:
The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches and vertical cable runs for the connection of power and other services.
Sec. 5. 35-A MRSA §2503, sub-§1, as amended by PL 2015, c. 216, §1, is further amended to read:
Sec. 6. 35-A MRSA §2503, sub-§5-A is enacted to read:
Sec. 7. 35-A MRSA §2503, sub-§13, ¶A-1 is enacted to read:
Sec. 8. 35-A MRSA §2503, sub-§22 is enacted to read:
(1) Fails to comply with applicable codes;
(2) Obstructs use of the right-of-way for public travel;
(3) Materially interferes with the safe operation of traffic control equipment; or
(4) Materially interferes with compliance with the federal Americans with Disabilities Act of 1990 or similar federal or state standards regarding pedestrian access or movement.
(1) Routine maintenance of small cell facilities; or
(2) The installation, placement, maintenance, operation or replacement of micro wireless facilities on cables between existing poles or wireless support structures in compliance with applicable codes.
As used in this paragraph, "micro wireless facilities" means any wireless facility that is no larger than 24 inches in length, 15 inches in width and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.
(1) The actual, direct and reasonable costs to process and review the application, to the extent the costs are not already recovered by existing fees, rates or taxes, and excluding travel expenses incurred by a 3rd party in its review of an application and 3rd-party rates or fees charged on a contingency basis or a result-based arrangement;
(2) The application fee, if any, the licensing authority charges for a location permit for placing other facilities in the public way; and
(3) One hundred dollars each for the first 5 small cell facilities requested in an application and $50 for each additional small cell facility requested in the same application.
Sec. 9. 35-A MRSA §2518, sub-§4, as enacted by PL 1987, c. 141, Pt. A, §6, is amended to read:
Sec. 10. 35-A MRSA §2524 is enacted to read:
§ 2524. Collocation of small cell facilities
This bill changes the process for siting small cell facilities in order to facilitate wireless broadband deployment, including:
1. Through modifications to the process for issuing utility facility location permits, including small cell facility location permits;
2. Through the establishment of standards governing local land use ordinances applicable to the siting of small cell facilities; and
3. Through the establishment of standards governing the collocation of small cell facilities on poles owned by the State, an agency, a county, a municipality or a district.