| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 5 MRSA §200-B, sub-§1, as amended by PL 1999, c. 398, Pt. A, | §1 and affected by §105, is further amended to read: |
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| | 1. Public utility services. As used in this section, the | term "public utility services" means services furnished by a | public utility as defined in Title 35-A, section 102, subsections | 7, 8, 12, 14, 15, 19, 20-B and 22 whether or not subject to the | jurisdiction of the Public Utilities Commission. |
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| | Sec. 2. 35-A MRSA §102, sub-§12, as enacted by PL 1987, c. 141, Pt. A, | §6, is repealed. |
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| | Sec. 3. 35-A MRSA §102, sub-§13, as amended by PL 1999, c. 398, Pt. A, | §7 and affected by §§104 and 105, is further amended to read: |
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| | 13. Public utility. "Public utility" includes every gas | utility, natural gas pipeline utility, transmission and | distribution utility, telephone utility, water utility, public | heating utility and ferry, as those terms are defined in this | section, and each of those utilities is declared to be a public | utility. "Public utility" does not include the operation of a | radio paging service, as that term is defined in this section, or | mobile telecommunications services unless only one entity or an | affiliated interest of that entity, as defined in section 707, | subsection 1, paragraph A, exclusively controls the use of the | radio frequency spectrum assigned by the Federal Communications | Commission to provide mobile service to the service area. |
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| Nothing in this subsection precludes: |
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| A. The jurisdiction, control and regulation by the | commission pursuant to private and special act of the | Legislature; |
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| B. The commission's jurisdiction and control over and | regulation of a public utility that provides, in addition to | other services, radio paging service or mobile | telecommunications services; |
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| C. The commission's jurisdiction and control over and | regulation of basic exchange telephone service offered by a | provider of mobile telecommunications services if, after | investigation and hearing, the commission determines that | the provider is engaged in the provision of basic exchange | telephone service; and |
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