Title 35-A, Title 35-A

A provider of provider of last resort service, a local exchange carrier and a public utility for the purpose of making, selling, distributing and supplying gas or electric transmission and distribution service or for the operation of water utilities, ferries or public heating uti…

The following provisions apply to furnishing service. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Approval required. Except as provided in subsection 2 and in section 4507, a public utility may not furnish any of the services set out in section 2101 in or to any municipality in or to …

After September 1, 1967, where a cooperative organized under chapter 37 and any other transmission and distribution utility are serving or authorized to serve the same municipality, neither the cooperative nor the other utility may bring electrical service to a new location excep…

1. Approval of commission required; generally. Except as provided in subsection 2, a gas utility may not furnish its service in or to any municipality within the State without the approval of the commission. 2. Approval not required; no other utility serving. Notwithstanding sect…

1. Approval only after hearing. Except as provided in subsection 2, no approval required by section 2102, 2103 or 2104 and no license, permit or franchise may be granted to any person to operate, manage or control a public utility named in section 2101 in a municipality where the…

Consent granted by the commission under section 2102, or under section 2105, held by a radio common carrier may be assigned and transferred with the approval of the commission by holder of the approval. The commission may impose reasonable conditions upon granting its approval.

No approval required in section 2102, 2103 or 2104 to operate, manage or control a public utility may be granted after October 1, 1975, to a corporation unless it is duly organized under the laws of this State or authorized by those laws to do business in this State.

Corporations organized under section 2101 and former section 2109 may purchase, hold and convey real estate and personal property that are necessary for the purposes for which they are created.

A public utility organized by Private and Special Act of the Legislature may extend its service as follows. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Commission authorization. The commission may authorize a public utility organized by private and special act of Legislature to furnis…

A consumer-owned public utility shall register with the commission prior to exercising any authority the consumer-owned public utility may have, pursuant to other law, to directly or indirectly own, lease, construct, maintain or operate broadband or other Internet access systems …

Except as limited, every voice service provider, competitive local exchange carrier, telecommunications service provider as defined in section 711, subsection 7, paragraph C, unlit fiber provider as defined in section 711, subsection 7, paragraph E, information service provider a…

The University of Maine System may install wires or lines on existing utility facilities located within or along a public right-of-way for the purpose of transmitting data and communications between and among University of Maine System facilities and partnering entities, wherever…

Every corporation organized under the general laws of the State and any public utility owning, controlling, operating or managing any pipeline within or through this State for the transportation as a common carrier for hire of oil, gas, gasoline, petroleum or any other liquids or…

Every water utility organized under the general or special laws of this State and authorized to do public utility business in this State may lay its pipe in and under the roads and streets in any municipality in which it is authorized to supply water or through which it is necess…

Every gas utility organized under section 2101 for the purposes named in that section may lay its pipes in, along and under the roads and streets in any municipality in which it is authorized to supply gas, subject to the conditions and restrictions provided in this chapter and c…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Cable television company" has the same meaning as in Title 30‑A, section 2001. [PL 1995, c. 349, §3 (NEW).] B. "Most recent edition of the Standar…

1. Transmission and distribution utilities; microgrids. A transmission and distribution utility or a person that constructs, maintains or operates a new microgrid approved in accordance with section 3351, subsection 3 may construct and maintain its lines in, upon, along, over, ac…

A public utility organized under section 2101 and former section 2109 may not take, appropriate or use the location, pipes, lines, land or other property of any other person doing or authorized to do a similar business, without consent of the other person, except by Private and S…

Public utilities and entities authorized under section 2301 to construct lines may, in any municipality, place their pipes and appurtenances, wires and cables and all conduits and other structures for conducting and maintaining the pipes, wires and cables under the surface of tho…

In proceedings for the discontinuance of public ways, public ways may be discontinued in whole or in part. The discontinuance of a town way must be pursuant to Title 23, section 3026‑A. Unless an order discontinuing a public way specifically provides otherwise, the public easemen…

The location of all pipes, hydrants, wires and cables and all conduits and other structures for the conducting and maintaining of those pipes, hydrants, wires and cables over, under the surface of and in those streets and highways in which those utilities authorized to obtain loc…

1. Trespass. A person commits trespass on a utility pole if, without the prior consent of the owner of the pole, that person places any object or makes any attachment on any utility pole, whether or not it is within the limits of a public way. 2. Violation; forfeiture. Trespass o…

A person maintaining or operating a telephone or electric line may construct a line across, upon or along any railroad with the written permit of the person owning or operating the railroad. If the person maintaining or operating a telephone or electric line and the person owning…

1. Location of facilities in municipally designated historic district. A public utility or other facility owner that owns facilities, as defined in section 2502, subsection 3, along a state highway or state aid highway located in a district designated a historic district by a mun…

1. Applicability of chapter 25. All persons engaged in the business of the transmission of communications or electricity are subject to the duties, restrictions and liabilities prescribed in this chapter. 2. Applicability of section 2503. Except as otherwise provided, a person ma…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Applicable licensing authority or licensing authority. "Applicable licensing authority" or "licensing authority" means: A. The …

1. Application. The application must be in writing and describe the facilities, the requested location, evidence of notice provided to owners of facilities in the applicable public way, the minimum depth if an underground facility, the minimum height of any attached wires or cabl…

No enjoyment by any person for any length of time of the privilege of having or maintaining its facilities in the public way, may give a legal right to the continued use of the enjoyment or raise any presumption of a grant of a legal right.

An owner of land near or adjoining a highway or road along which lines are constructed, erected or altered in location or construction by any person may recover damages as follows. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Assessment of damages. If the owner's property is in any way…

Either party aggrieved by the assessment of damages may, within 20 days after the award, appeal to the Superior Court as follows. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Complaint and notice. When the appeal is taken the appellant shall: A. Include in the complaint a statement set…

No person may lay its pipes or place its wires under the surface of any road or street, or dig up or open the ground in a road or street, until it has obtained a written permit in accordance with section 2503 from the applicable licensing authority. The permit must be signed by t…

Every permit for digging up and opening streets, roads and highways granted under this chapter must specify: [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Time. The time during which the streets, roads or highways may remain open; 2. Place. The place where the opening may be made; and 3…

Any person who digs or makes an excavation in the paved portion of a street, road or highway without first obtaining a permit as required by section 2507, or who has obtained a permit and disturbs a greater area of surface than the permit specifies, commits a civil violation for …

The following provisions apply to fees for excavation permits. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Fees set by municipal officers. The municipal officers having the duty to maintain streets may establish a schedule of fees for granting permits for making an excavation within t…

1. Filling openings. A person opening a street, road or highway pursuant to a permit granted under sections 2501 to 2509 shall completely fill up the opening. The filling shall be puddled or rammed as the nature of the soil requires and shall be completed within the time designat…

If a person improperly repairs or fills an opening, the municipal officers or their appointees may have the work redone properly and shall keep an account of the cost of redoing this work. [PL 1987, c. 141, Pt. A, §6 (NEW).] A person in default shall pay a penalty equal to the co…

When an excavation is made in a paved street, road or highway and the opening is filled as required by sections 2511 and 2512, the municipality or village corporation in which the opening was located shall relay the pavement unless the municipality or village corporation has ente…

1. Public travel. Every person in constructing and maintaining its poles, lines, fixtures and appliances in, along, over, under and across the roads and streets in which it may obtain locations and across or under the waters upon and along its route or routes may not obstruct the…

Every corporation organized under section 2101 and former section 2109 and every entity authorized under section 2301 to construct lines is liable in all cases to repay a municipality all sums of money that the municipality is obliged to pay on a judgment recovered against it for…

The following provisions apply to permits for moving buildings, cutting wires and removing poles. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Permit required to cut wires and remove poles. A person may not cut, disconnect or remove the wires or poles of a telephone or transmission and…

1. Revocation of pole location by municipal officers. When the municipal officers of a municipality having a population of more than 30,000 inhabitants determine, after notice and hearing, that public safety and the public welfare require the revocation of a location for poles fo…

1. Municipality may order joint use of poles. Subject to the provisions of sections 711 and 8302, the municipal officers may, after notice and hearing, order any wires used for conveying electric current or the transmission of telephone messages and attached to poles located in a…

The power and authority conferred on municipal officers under sections 2517 and 2518 are in addition to those vested in municipal officers under sections 2501 to 2507 and 2512. Nothing in sections 2517 and 2518 may be construed as giving to any party the right of appeal from the …

Every person maintaining or operating a telephone or electrical line or anyone who in any manner affixes, causes to be affixed or enters upon the property of another for the purpose of affixing a structure, fixture, wire or other apparatus to the building of another without the c…

Notwithstanding any other provision of law, a transmission and distribution utility or entity authorized under section 2301 to construct lines may trim, cut or remove by cutting trees located within the public right-of-way of a public way and may trim or cut portions of trees enc…

This section governs street lights that are attached to utility poles in the public way. [PL 2013, c. 369, Pt. E, §1 (NEW).] 1. Ownership and maintenance options. On or after October 1, 2014, a transmission and distribution utility shall provide the following options to municipal…