Maine § 35-A §711 Joint use of equipment

Maine Statutes

§ 35-A §711 — Joint use of equipment

Maine § 35-A §711

Title 35-APUBLIC UTILITIES

Part 1PUBLIC UTILITIES COMMISSION

Ch. 7REGULATION AND CONTROL OF PUBLIC UTILITIES

This text of Maine § 35-A §711 (Joint use of equipment) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 35-A, § 35-A §711 (2026).

Text

1.Joint use permitted. The commission may order that joint use be permitted and prescribe reasonable compensation and reasonable terms and conditions for the joint use when, after a hearing had upon its own motion or upon complaint of a joint use entity affected, it finds the following:

2.Liability of user. If joint use is ordered, the joint use entity to whom the use is permitted is liable to the owner or other users of the poles, ducts, conduits or rights-of-way for damage that may result from its use to the property of the owner or other users.

3.Interests of customers. Any actions taken or orders issued by the commission under this section must take into account the interests of the customers of the affected joint use entities.

4.Rules. The commission shall adopt rules governing th

Free access — add to your briefcase to read the full text and ask questions with AI

1.
Joint use permitted.
The commission may order that joint use be permitted and prescribe reasonable compensation and reasonable terms and conditions for the joint use when, after a hearing had upon its own motion or upon complaint of a joint use entity affected, it finds the following:
2.
Liability of user.
If joint use is ordered, the joint use entity to whom the use is permitted is liable to the owner or other users of the poles, ducts, conduits or rights-of-way for damage that may result from its use to the property of the owner or other users.
3.
Interests of customers.
Any actions taken or orders issued by the commission under this section must take into account the interests of the customers of the affected joint use entities.
4.
Rules.
The commission shall adopt rules governing the resolution of pole attachment disputes and the rates, terms and conditions of joint use. The rules must promote competition, further the state broadband policy set forth in section 9202‑A and ensure safe, nondiscriminatory access on just and reasonable terms. The rules must also include a process for ensuring that a new joint use entity seeking access to the poles, ducts, conduits or rights-of-way of another joint use entity meets the requirements of subsection 1, paragraph D. In establishing rates, the commission shall consider various formulas, including, but not limited to, the formula adopted by the Federal Communications Commission as codified in 47 Code of Federal Regulations, Part 1, Subpart J, as amended. Rules adopted or amended pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
5.
Dark fiber provider.
6.
Limited jurisdiction.
A joint use entity not otherwise subject to the jurisdiction of the commission is subject to commission jurisdiction only for the limited purpose of matters relating to the use of the poles, conduits, ducts or rights-of-way in accordance with this section.
7.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.