Bill introduced to make it easier for municipalities to expand high-speed internet

Sen. Eloise Vitelli, D-Arrowsic, introduced LD 1192, “An Act To Establish Municipal Access to Utility Poles Located in Municipal Rights-of-way” to re-establish the ability of municipalities to attach their equipment to utility poles without paying “make-ready” fees. LD 1192 was the subject of a public hearing before the Legislature’s Energy, Utilities and Technology Committee on Wednesday.

Currently, due to recent rule changes from the Maine Public Utilities Commission (PUC), entities attaching equipment to utility poles must pay what are called “make-ready” fees to utilities to compensate them for the labor related to getting the poles ready for the new attachments.

“LD 1192 proposes to re-establish the ability of municipalities to attach their facilities to utility poles, without getting the run-around when asking for estimates or being quoted exorbitant costs,” said Sen. Vitelli. “The public policy balance that allowed municipalities and utilities to live in right-of-way harmony for decades has unfortunately been called into question by rules recently promulgated by the PUC, burdening municipalities trying to expand access to high-speed internet for their residents.”

The Maine Municipal Association, City of Lewiston, City of Sanford and Town of Islesboro all spoke in favor of LD 1192 on Wednesday.

“The ability of utilities to locate within the rights-of-way, owned and maintained by municipalities, is to provide for the infrastructure (space) essential to public health, safety, and welfare. A municipality plans for, provides access to, and preserves space within its rights-of-ways for these essential utilities,” said Stephen Buck, the City Manager of Sanford. “Broadband, via fiber optics, is now being defined as a necessary public infrastructure. The future calls for the need for this space on the poles.”

Buck explained that Sanford will pay more than half a million dollars in “make-ready” fees to construct a municipally-owned dark fiber network, significantly increasing the cost of the project.

The Energy, Utilities and Technology Committee will take initial votes on LD 1192 in the coming weeks.