§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. [PL 2019, c. 127, §1 (NEW).]
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. [PL 2019, c. 127, §1 (NEW).]
C. "Unserved or underserved area" has the same meaning as in section 9202, subsection 5. [PL 2019, c. 127, §1 (NEW).]
[PL 2019, c. 127, §1 (NEW).]
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 [PL 2019, c. 127, §1 (NEW).]
B. For the purpose of providing broadband service to an unserved or underserved area. [PL 2019, c. 127, §1 (NEW).]
[PL 2019, c. 127, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 127, §1 (NEW).
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