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June 11, 2019

Bill that could expand rural cellphone coverage signed by Mills

Courtesy / Office of Troy Jackson Gov. Janet Mills signs a bill to expand rural cellphone coverage Monday with, from left, bill cosponsors Senate President Troy Jackson, D-Allagash; Rep. Tina Riley, D-Jay; and Rep. Roland Martin, D-Sinclair.

AUGUSTA — A bill that could improve cellphone coverage in rural Maine by installing cellular base stations on state property was signed into law by Gov. Janet Mills on Monday.

The bill, LD 1603, directs the Department of Administrative and Financial Services to work with Network Maine and the ConnectME authority to develop a plan to expand cellular telephone service to underserved areas of the state. Network Maine is the state university system's broadband research and development unit and ConnectME is the state authority charged with expanding broadband access.

The bill initially was to install the service, but was changed to develop a plan that would allow experts to determine how to best expand coverage after concerns by some officials about how it would mesh with programs and policies already in place. The plan, due Feb. 20, will go back to committee and the full Legislature during the second session for approval.

The bill was sponsored by Senate President Troy Jackson, D-Allagash; Rep. Tina Riley, D-Jay; and Rep. Roland Martin, D-Sinclair.

Strong support from real estate industry

Expanding cellphone coverage relies on the same fiber that brings broadband to rural areas, and the plan could be developed in collaboration with other plans of ConnectME, Jackson said in a news release.

“Anyone that lives or works in rural areas of our state knows that there are substantial gaps in cellphone coverage," he said. "This bill will put in motion a serious effort to remove technological barriers that prevent rural Mainers from getting ahead, ensure small businesses can connect with customers and retain young people in our state.”

The bill as an economic driver got strong support from the Maine Association of Realtors, the only non-governmental testimony at a public hearing May 1.

"Cellular phone coverage and broadband are enormous issues for home buyers," Andrew Cashman, representing the organization, told the Committee on Energy, Utilities and Technology. "Properties that lack either adequate cellular phone coverage or reliable broadband are at a significant disadvantage. Our members regularly report that home sales have fallen through because buyers require cellular coverage and broadband at home and on the road for work, entertainment and life.

Cashman, a partner at the law firm Preti Flaherty, said those who have passed on buying a home because of connectiviity issues include "numerous potential buyers looking to relocate to Maine who were unable to do so" because of poor cell service and broadband access. "Anything that can be done to improve cellular and broadband connections would be welcome for our members and their clients,"

Long-term strategy urged

While there was no direct opposition to the bill, both Maine Public Advocate Barry Hobbins and ConnectME Executive Director Peggy Schaffer said they were concerned about the process, and the bill's language and title were changed to make it a planning process, from which a law will emerge next session.

Hobbins said his office "believes it is generally a good idea to use the state’s purchasing power in a way that supports the expansion of telecommunications technology," but he said the bill proposed an approach "that seems to put the burden on the state to install specific infrastructure — cellular — that may not make sense. If the particular state facilities in issue are indeed in unserved areas, they will not have the fiber facilities available to allow these wireless base stations to become operational."

Schaffer suggested a long-term plan be considered, given other programs and regulations. She testified that "using the state’s assets to encourage better connectivity is a good idea, and one we should be looking at...the state as a business entity has a great need for better connectivity, both cellular and broadband as an element of how we can effectively manage and deliver state services."

"As with all things however, the devil is in the detail," she said.

Schaffer said that coordination with state Department of Transportation regulations on technology installation and the existing permitting process by the state Licensing Authority for such installation should be looked at.

She also said the state's partnership with AT&T on the FirstNet Project, funded by the FCC, to expand cell access for first responders includes installing new towers, upgrading existing cell facilities and more. "Over the life of this project AT&T will install 21 new locations, add 37 locations in conjunction with Wireless Partners in the Hancock and Washington [counties], upgrade access to 168 current co-locations and upgrade 200 of its own towers."

The bill will take effect 90 days after the Legislature adjourns. The Department of Economic and Community Development has a Feb. 1 deadline to submit a report on the plan to the Joint Standing Committee on Energy, Utilities and Technology. The committee would then report out a bill to the Second Regular Session related to the report.’

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