Title 35-A

The property owner's failure to apply for the assessment of damages within 3 years may not be held to be a waiver by the property owner of compensation for property taken by eminent domain.

When a taking or attempted taking by eminent domain has been adjudged defective either from formal errors in proceedings or substantial error, judgment of ouster or writ of possession shall be stayed as follows. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Formal errors. If the error i…

The owner of property which is subject to appropriation for public purposes by a water utility, upon hearing, may have the commission determine the necessity of the appropriation.

The owner of the property, within 30 days after the beginning of condemnation proceedings, may file with the commission a petition for a decision as to the necessity of the appropriation. A copy of the petition and order of notice, attested by the administrative director, shall b…

1. Hearing. The commissioners shall fix a time for a hearing, inside the county where the property is situated, and give written notice of the hearing to the owner and to the water utility seeking to acquire the property. At the hearing, all parties in interest shall be heard eit…

Upon the commencement of condemnation proceedings, the utility seeking to acquire property, unless otherwise provided by law, may file a petition asking that the necessity of the taking be determined. After the petition is filed, the proceedings shall be the same as in the case o…

A water utility that proposes to initiate condemnation proceedings for the purpose of acquiring land for the construction of a water treatment facility shall: [PL 1989, c. 789 (NEW).] 1. Notice to public. No less than 90 days prior to the initiation of condemnation proceedings, p…

All plans and descriptions of land and all descriptions of other property taken by a water utility for its purposes and uses, filed in the office of the county commissioners of the county where the land or other property is situated, prior to March 9, 1889, are valid and legal fo…

Wherever a line or main of a water utility is located and about to be constructed across the right-of-way of a railroad, unless the officers of the water utility agree with the corporation operating the railroad as to the time, place, manner and conditions of the crossing, the co…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 209, §1 (NEW).] 1. Regional water council. "Regional water council" means a nonprofit corporation established for the benefit of 2 or more water-related …

Two or more water-related entities may organize a regional water council by forming a nonprofit corporation under Title 13‑B, as long as one of the organizing members is a water utility. The membership of a regional water council is restricted to water-related entities. A water u…

The organizational documents of a regional water council must provide for representation of each member. The documents must specify the organizational structure, the method of withdrawal, the method of terminating the council and the grounds for suspension of members.

1. Powers. A regional water council may: A. Study an issue common to 2 or more of the members of the regional water council that it considers appropriate, including, but not limited to, matters affecting water supply, watershed protection, water use policies, regional economic co…

A regional water council shall adopt bylaws designating the officers of the council and providing for the conduct of its business.

A regional water council may employ staff and consult and retain experts that it considers necessary.

1. Expenses. The members of a regional water council may contribute funds to meet the expenses of the council. Services of personnel, use of equipment and office space and other necessary services may be accepted from members as part of their financial support. 2. Funds; limitati…

1. Public Utilities Commission. The commission may receive, obtain and distribute state, federal or other funds supporting regional water council tasks and may provide assistance to regional water councils as appropriate. This subsection does not require the commission to determi…

1. Universal service. The Legislature declares and finds that the 50-year effort to bring affordable, universally available telephone service to the public has served the State well; universal telephone service has contributed to the State's economic, social and political integra…

The Legislature declares and finds the following. [PL 1991, c. 654, §1 (NEW); PL 1991, c. 654, §5 (AFF).] 1. Privacy right. Telephone subscribers have a right to privacy and the protection of this right to privacy is of paramount concern to the State. 2. Exercise of right. To exe…

1. Definitions. As used in this section, the term "intrastate access rates" means rates that a telecommunications service provider pays for access to a local exchange carrier's facilities and services in order to provide intrastate interexchange service. 2. Access rates. 3. Consu…

As used in this Part, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Emergency. "Emergency" means a situation in which property or human or animal life is in jeopardy and the prompt summoning of aid …

1. Low-income support. The commission shall require telephone utilities to participate in statewide outreach programs designed to increase the number of low-income telephone customers on the network through increased participation in any universal service program approved by the …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Qualified library" means a public library as defined in Title 27, section 110, subsection 10; a research center as defined in Title 27, section 11…

1. Prepaid wireless fee. This section governs the fees and surcharges related to prepaid wireless telecommunications services, referred to in this section as "the prepaid wireless fee." The amount of the prepaid wireless fee is the sum of the following fees: A. The amount of the …

Caller-ID services provided in this State are subject to the following. [PL 1991, c. 654, §4 (NEW); PL 1991, c. 654, §5 (AFF).] 1. Per-call blocking. At least 2 months prior to initiating any caller-ID service, and throughout the period that caller-ID service is offered to subscr…

Beginning January 1, 2022, a telephone utility that offers any service to subscribers in the State designed to reduce the number of calls received by a subscriber that are made using an automated telephone calling device or an artificial or prerecorded voice shall inform each sub…

1. Unauthorized change of carrier. This subsection governs the initiation of a change in a customer's local or intrastate interexchange carrier that is not authorized by that consumer. A. Notwithstanding Title 32, chapter 69, subchapter 5 or Title 32, section 14716, and except as…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Billing agent" means a telephone utility that includes in a bill it sends to a customer a charge for a product or service offered by a service pro…

The commission may designate an appropriate entity to be the sole entity entitled to use the 2-1-1 telephone number assigned by the Federal Communications Commission to be used for access to information and referral services. A designation may not extend for more than 3 years but…

1. Unauthorized and duplicative line-item charges prohibited. A telephone utility may not charge a customer for, or include as a separate line-item charge on the customer's bill, any charge unless that charge represents: A. An actual service or fee authorized by the customer; or …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "North American Numbering Plan Administrator" has the same meaning as in section 7104, subsection 1‑A, paragraph A. [PL 2023, c. 144, §5 (NEW).] B.…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 623, Pt. A, §18 (NEW).] 1. Access to directory assistance. "Access to directory assistance" means access to a service that includes, but is not limited t…

1. Initial designation of service providers. An entity that was an incumbent local exchange carrier as of January 1, 2012 shall provide provider of last resort service within its service area. 2. Reassignment of service provider obligation. A service provider may petition the com…

The initial rates for provider of last resort service are those rates in effect for basic local exchange service for each incumbent local exchange carrier in the service area of that carrier as of January 1, 2012.

1. Price cap ILEC rate requirements. The provisions of sections 304 and 307 do not apply to a price cap ILEC with respect to the rates for provider of last resort service. A price cap ILEC shall post on its publicly accessible website the rates, terms and conditions for provider …

A service provider in accordance with rules adopted by the commission: [PL 2011, c. 623, Pt. A, §18 (NEW).] 1. Information. Shall provide customers adequate and timely information about provider of last resort service including posting in an easily discoverable location on its pu…

If a service provider offers an ancillary service to any customer, it shall offer that service to its provider of last resort service customers individually in conjunction with provider of last resort service and may not require that the ancillary service be bundled with any othe…

1. Service quality reporting. The commission by rule shall establish service quality indicators with respect to which service providers shall regularly report. The service quality indicators may relate only to: A. Network trouble rates; [PL 2011, c. 623, Pt. A, §18 (NEW).] B. The…

1. Service quality metrics reporting. A price cap ILEC shall report to the commission quarterly on service quality using the following metrics, using rolling one-year averages, in areas where provider of last resort service is available: A. Network trouble rates; [PL 2015, c. 462…

Notwithstanding section 112, the commission may not require a service provider: [PL 2011, c. 623, Pt. A, §18 (NEW).] 1. Infrastructure maps. To provide to the commission infrastructure maps that contain a level of detail that is greater than the infrastructure maps filed for that…

The commission shall adopt rules to implement this subchapter. Except as otherwise provided in this subchapter, rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

Notwithstanding any other provision of law, the provisions listed in subsections 1 to 4 do not apply to a telephone utility except service providers with respect to the provision of provider of last resort service: [PL 2011, c. 623, Pt. A, §18 (NEW).] 1. Regulation and control of…

Notwithstanding any other provision of law, the provisions listed in subsections 1 to 5 do not apply to a telephone utility except service providers with respect to the provision of provider of last resort service and local exchange carriers with respect to federal interconnectio…

Notwithstanding any other provision of law, the provisions listed in subsection 1 do not apply to a telephone utility except service providers with respect to the provision of provider of last resort service and local exchange carriers: [PL 2011, c. 623, Pt. A, §18 (NEW).] 1. Org…

Notwithstanding any other provision of law, a person, insofar as that person is providing interconnected voice over Internet protocol service, is not subject to any regulation under this Title as a telephone utility or as a public utility unless the person is providing provider o…

Notwithstanding any other provision of law, a person, insofar as that person is a dark fiber provider, is not subject to any regulation under this Title as a telephone utility or as a public utility. Nothing in this section affects the application of any provision of this Title t…