LD 1192
PUBLIC Law, Chapter 127

on - Session - 129th Maine Legislature
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An Act To Establish Municipal Access to Utility Poles Located in Municipal Rights-of-way

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

Sec. 1. 35-A MRSA §2524  is enacted to read:

§ 2524 Municipal access to poles

1 Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A "Make-ready work" means the rearrangement or transfer of existing facilities, replacement of a pole, complete removal of any pole replaced or any other changes required to make space available for an additional attachment to a shared-use pole.
B "Municipality" means a town, city, plantation, county, regional council of governments, quasi-municipal corporation or district as defined in Title 30-A, section 2351, regional municipal utility district established according to Title 30-A, section 2203, subsection 9 or a corporation wholly or partially owned by an entity specified in this paragraph.
C "Unserved or underserved area" has the same meaning as in section 9202, subsection 5.
2 Access to poles; make-ready requirements.   Notwithstanding any provision of law to the contrary, for the purpose of safeguarding access to infrastructure essential to public health, safety and welfare, an owner of a shared-use pole and each entity attaching to that pole is responsible for that owner's or entity's own expenses for make-ready work to accommodate a municipality's attaching its facilities to that shared-use pole:
A For a governmental purpose consistent with the police power of the municipality; or
B For the purpose of providing broadband service to an unserved or underserved area.

Effective 90 days following adjournment of the 129th Legislature, First Regular Session, unless otherwise indicated.

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