APPROVED CHAPTER
JUNE 26, 2023 81
BY GOVERNOR RESOLVES
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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S.P. 574 - L.D. 1456
Resolve, to Study the Effect of Current Laws and Rules on the Expansion of
Broadband
Sec. 1. Public Utilities Commission study. Resolved: That the Public Utilities
Commission, in consultation with the Maine Connectivity Authority, established in the
Maine Revised Statutes, Title 35-A, section 9404, shall study current pole attachment laws
and rules and the effects of those laws and rules on broadband expansion through public
networks, private networks or public-private partnerships. The study must incorporate
input and analysis from the Interagency Broadband Working Group, which is a working
group led by the Maine Connectivity Authority, and include:
1. An examination of the average time involved for each stage of pole make-ready
work, as defined in Title 35-A, section 2524, subsection 1, paragraph A, including the time
for joint use pole owners to approve new attachments for tax-exempt municipalities and
private companies, and ways to decrease or standardize wait times for attachments;
2. Using readily available information to the extent possible, including pole data that
may be available in the electronic pole attachment management system, an estimate of the
number of utility poles statewide that could accommodate municipal facility attachments
without the need to replace the pole and an assessment of compliance with Title 35-A,
section 2524, subsection 2;
3. An assessment of the effectiveness of the commission’s enforcement practices for
timely relocation or removal of utility poles that are functionally obsolete, that are in
violation of requirements of the federal Americans with Disabilities Act of 1990 or that
obstruct current or future municipal infrastructure; and
4. A review of the commission’s current educational resources regarding the rights of
municipalities and other entities to attach to shared-use poles and the availability of the
commission’s dispute resolution process, including the effectiveness of such resources.
By February 15, 2024, the commission shall submit an initial report to the Joint
Standing Committee on Energy, Utilities and Technology describing the findings of the
commission and the commission's progress toward addressing each of the elements of the
study and any recommendations, including proposed legislation, resulting from the study.
After reviewing the initial report, the joint standing committee may report out a bill relating
Page 1 - 131LR1208(03)
to the report to the Second Regular Session of the 131st Legislature. By December 1, 2024,
the commission shall submit a final report to the joint standing committee of the Legislature
having jurisdiction over utility matters including findings and any recommendations,
including proposed legislation, resulting from the study. After reviewing the final report,
the committee may report out a bill to the 132nd Legislature in 2025.
Page 2 - 131LR1208(03)


Statutes affected:
Bill Text LD 1456, SP 574: 35-A.711