H.P. 399 - L.D. 541
An Act to Clarify the Jurisdiction of the Public Utilities Commission with Regard to Wireless Carriers
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the available supply of central office codes in the State is in danger of exhaustion, which would require the adoption of a 2nd area code within the State; and
Whereas, it is necessary to provide immediate authority for the Public Utilities Commission to institute central office code conservation measures applicable to wireless carriers; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §7104, sub-§3, as enacted by PL 1997, c. 692, §1, is amended to read:
3. Authority. The commission shall adopt rules to implement this section and may require providers of intrastate telecommunications services to contribute to a state universal service fund to support programs consistent with the goals of applicable provisions of this Title and the federal Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56. Prior to requiring that providers of intrastate telecommunica-tions services contribute to a state universal service fund, the commission shall assess the telecommunications needs of the State's consumers and establish the level of support required to meet those needs. If the commission establishes a state universal service fund pursuant to this section, the commission shall contract with an appropriate independent fiscal agent that is not a state entity to serve as administrator of the state universal service fund. Funds contributed to a state universal service fund are not state funds. Rules and any state universal service fund requirements established by the commission pursuant to this section must:
A. Be reasonably designed to maximize federal assistance available to the State for universal service purposes;
B. Meet the State's obligations under the federal Telecommunications Act of 1996, Public Law 104 - 104, 110 Stat. 56;
C. Be consistent with the goals of the federal Telecommunications Act of 1996, Public Law 104 - 104, 110 Stat. 56;
D. Ensure that any requirements regarding contributions to a state universal service fund be nondiscriminatory and competitively neutral;
E. Require explicit identification on customer bills of contributions to any state universal service fund established pursuant to this section; and
F. Allow consideration in appropriate rate-making proceedings of contributions to any state universal service fund established pursuant to this section.
For purposes of this subsection, "providers of intrastate telecommunications services" includes providers of radio paging service and mobile telecommunications services. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
Sec. 2. 35-A MRSA §8502 is enacted to read:
§8502. Central office code conservation
To the extent permitted under federal law, the commission may exercise jurisdiction, control and regulation over radio paging service for the purpose of implementing central office code conservation measures.
Sec. 3. 35-A MRSA §8902 is enacted to read:
§8902. Central office code conservation
To the extent permitted under federal law, the commission may exercise jurisdiction, control and regulation over mobile telecommunications services for the purpose of implementing central office code conservation measures.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 9, 1999.
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