SP0366
LD 1192
Session - 129th Maine Legislature
C "A", Filing Number S-69, Sponsored by
LR 1131
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the enacting clause and inserting the following:

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.

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

summary

The amendment changes the provision in the bill that exempts a municipality from expenses assessed for make-ready work to accommodate the municipality's attaching its facilities to a shared-used pole for any purpose. The amendment instead exempts a municipality from expenses assessed for make-ready work to accommodate the municipality's attaching its facilities for a governmental purpose consistent with the police power of the municipality or for the purpose of providing broadband service to an unserved or underserved area.

FISCAL NOTE REQUIRED
(See attached)


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