SP0133
LD 406		 PUBLIC Law, Chapter 199

on - Session - 128th Maine Legislature
 
  
Bill Tracking, Additional Documents Chamber Status

An Act To Amend the Law Regarding Joint Use of Certain Utility and Telecommunications Infrastructure

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 35-A MRSA §711,  as amended by PL 2011, c. 623, Pt. B, §4, is further amended to read:

§ 711. Joint use of equipment

1. Joint use permitted.   The commission may order that joint use be permitted and prescribe reasonable compensation and reasonable terms and conditions for the joint use when, after a hearing had upon its own motion or upon complaint of a public utility, voice service provider, dark fiber provider, wholesale competitive local exchange carrier or cable television system joint use entity affected, it finds the following:
A. That public convenience and necessity require the use by one public utility, voice service provider, dark fiber provider, wholesale competitive local exchange carrier or cable television system of the conduits, subways, wires, a joint use entity to provide nondiscriminatory access to any poles, pipes or other equipment, or any part of them, on, over or under any street or highway and belonging to another public utility, voice service provider, dark fiber provider, wholesale competitive local exchange carrier or cable television system ducts, conduits or rights-of-way owned or controlled by another joint use entity;
B. That joint use will not result in irreparable injury to the owner or other users of the conduits, subways, wires, poles, pipes poles, ducts, conduits or other equipment rights-of-way or in any substantial detriment to the service; and
C. That the public utilities, voice service provider, dark fiber provider, wholesale competitive local exchange carrier or cable television system joint use entities have failed to agree upon the use or the terms and conditions or compensation for the use . ; and
D.  That the joint use entity seeking access to the poles, ducts, conduits or rights-of-way owned or controlled by another joint use entity has the technical and financial capabilities to fulfill its obligations related to such joint use.
2. Liability of user.   If joint use is ordered, the public utility, voice service provider, dark fiber provider, wholesale competitive local exchange carrier or cable television system joint use entity to whom the use is permitted is liable to the owner or other users of the conduits, subways, wires, poles, pipes or other equipment poles, ducts, conduits or rights-of-way for damage that may result from its use to the property of the owner or other users.
3. Interests of customers.   Any actions taken or orders issued by the commission under this section shall must take into account the interests of the subscribers customers of the affected cable television system, as well as the customers of the affected public utilities joint use entities.
4. Rules.   The commission shall adopt a rule rules governing the resolution of pole attachment rate disputes . The 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. 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 47 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.
5.  Dark fiber provider.   This section applies to a dark fiber provider only with respect to the construction and maintenance of federally supported dark fiber.
6.  Limited jurisdiction.   A joint use entity not otherwise subject to the jurisdiction of the commission is subject to commission jurisdiction only for the limited purpose of matters relating to the use of the poles, conduits, ducts or rights-of-way in accordance with this section.
7.  Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A.  "Information service provider" means a provider of information service as that term is defined in 47 United States Code, Section 153(24).
B.  "Joint use entity" means a public utility, voice service provider, dark fiber provider, wholesale or retail competitive local exchange carrier, cable television system, unlit fiber provider, telecommunications service provider or information service provider.
C.  "Telecommunications service provider" means a provider of telecommunications service as that term is defined in 47 United States Code, Section 153(53).
D.  "Unlit fiber" means one or more strands within a bundle of fiber-optic cable through which an associated light signal or light communication transmission must be provided to provide communications service, but excluding the electronic equipment required in order to render the fiber capable of transmitting communications.
E.  "Unlit fiber provider" means a provider of unlit fiber.

Sec. 2. 35-A MRSA §2301,  as amended by PL 2011, c. 623, Pt. B, §6, is further amended to read:

§ 2301. Construction, maintenance and operation of lines

Except as limited, every voice service provider, wholesale competitive local exchange carrier and , telecommunications service provider as defined in section 711, subsection 7, paragraph C, unlit fiber provider as defined in section 711, subsection 7, paragraph E, information service provider as defined in section 711, subsection 7, paragraph A, dark fiber provider for the purposes of constructing and maintaining its federally supported dark fiber and every corporation organized for the purpose of transmitting television signals by wire may construct, maintain and operate its lines upon and along the route or routes and between the points stated in its certificate of incorporation; and may construct its lines and necessary erections and fixtures for them along, over, under and across any of the roads and streets and across or under any of the waters upon and along the route or routes subject to the conditions and under the restrictions provided in this chapter and chapter 25.

Sec. 3. 35-A MRSA §2501, sub-§2,  as amended by PL 2009, c. 612, §8, is further amended to read:

2. Applicability of section 2503.   Except as otherwise provided, a person may not construct facilities upon and along highways and public roads without applying for and obtaining a written location permit from the applicable licensing authority under section 2503. Included within this requirement is every person operating telephones or transmitting television signals by wire; every person that owns, controls, operates or manages any pipeline within or through this State for the transportation as a common carrier for hire of oil, gas, gasoline, petroleum or any other liquids or gases; every water utility and every person making, generating, selling, distributing and supplying gas or electricity; every water utility or sewer company, district or system privately or municipally owned; every municipally owned or operated fire alarm, police alarm or street lighting circuit or system; every cooperative organized under chapter 35; the University of Maine System, for purposes described in section 2301-A; every dark fiber provider for the purposes of constructing and maintaining its federally supported dark fiber; every unlit fiber provider as defined in section 711, subsection 7, paragraph E; every telecommunications service provider as defined in section 711, subsection 7, paragraph C; every information service provider as defined in section 711, subsection 7, paragraph A; and any other person engaged in telecommunications or the transmission of heat or electricity.

Sec. 4. Rules. The Public Utilities Commission shall amend its rules adopted pursuant to the Maine Revised Statutes, Title 35-A, section 711, subsection 4 by January 15, 2018 to address the terms and conditions of joint use.

Effective 90 days following adjournment of the 128th Legislature, First Regular Session, unless otherwise indicated.

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