Maine Revised Statutes > Title 35-A > Part 7 > Chapter 72 – Telecommunications Regulatory Reform

		Sections
Subchapter 1	General Provisions	7201
Subchapter 2	Provider of Last Resort Service	7221 – 7227
Subchapter 3	Regulatory Reform	7231 – 7235

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Terms Used In Maine Revised Statutes > Title 35-A > Part 7 > Chapter 72 - Telecommunications Regulatory Reform

Accepted road: means a state, county or town road which is under the control of state, county or municipal authorities and maintained at public expense. See Maine Revised Statutes Title 38 Sec. 952
Access to directory assistance: means access to a service that includes, but is not limited to, making available to customers, upon request, information contained in directory listings. See Maine Revised Statutes Title 35-A Sec. 7201
Access to emergency services: means access to emergency services, as defined in Title 25, section 2921, subsection 5, through 9-1-1 or enhanced 9-1-1 service, as defined in Title 25, section 2921, subsection 6, to the extent a local government in the service area of a provider of last resort service provides 9-1-1 or enhanced 9-1-1 services. See Maine Revised Statutes Title 35-A Sec. 7201
Access to interexchange service: means the use of the wireline loop, as well as that portion of the switch that is paid for by the end user, or the functional equivalent of these network elements in the case of a wireless carrier, necessary to access an interexchange carrier's network. See Maine Revised Statutes Title 35-A Sec. 7201
Access to operator services: means access to any automatic or live assistance by a consumer to arrange for billing for or completion of a telephone call or both. See Maine Revised Statutes Title 35-A Sec. 7201
Accessory use or structure: means a use or structure of a nature customarily incidental and subordinate to a principal use or structure. See Maine Revised Statutes Title 38 Sec. 952
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Agent: means an individual appointed to serve in the capacity of a superintendent. See Maine Revised Statutes Title 20-A Sec. 1
Air contaminants: includes , but is not limited to, dust, fumes, gas, mist, particulate matter, smoke, vapor or any combination thereof. See Maine Revised Statutes Title 38 Sec. 582
Air contamination source: means any and all sources of emission of air contaminants, whether privately or publicly owned or operated. See Maine Revised Statutes Title 38 Sec. 582
Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably interfere with the enjoyment of life and property throughout the State or throughout such areas of the State as shall be affected thereby. See Maine Revised Statutes Title 38 Sec. 582
Ambient air: means all air outside of buildings, stacks or exterior ducts. See Maine Revised Statutes Title 38 Sec. 582
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Authority: means the Finance Authority of Maine, including in its capacity as successor to the Maine Educational Loan Authority and the Finance Authority of Maine's successors or assigns. See Maine Revised Statutes Title 20-A Sec. 11413
Authority: means the Finance Authority of Maine established in Title 10, section 961 and its successors or assigns. See Maine Revised Statutes Title 20-A Sec. 11442
Authority loans: means loans made under this chapter by the authority to institutions of higher education, students or other persons for the purpose of funding, financing or acquiring education loans. See Maine Revised Statutes Title 20-A Sec. 11413
Authority loans: means loans by the authority to institutions of higher education, students or other persons for the purpose of funding, financing or acquiring education loans. See Maine Revised Statutes Title 20-A Sec. 11442
Automobile graveyard: means a yard, field or parcel of land used as a place of storage for 3 or more unserviceable, discarded, worn out or junked motor vehicles. See Maine Revised Statutes Title 38 Sec. 952
BART: means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each visibility-impairing air pollutant that is emitted by an existing stationary facility. See Maine Revised Statutes Title 38 Sec. 582
BART eligible unit: means an existing stationary facility. See Maine Revised Statutes Title 38 Sec. 582
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Best practical treatment: means that method which controls or reduces emissions of air contaminants to the lowest possible level considering:

A. See Maine Revised Statutes Title 38 Sec. 582

Billboard: means a sign, structure or surface, or combination thereof, used for advertising purposes exceeding 15 square feet in area. See Maine Revised Statutes Title 38 Sec. 952

Bog: means a periodically or continually wet, spongy area exceeding 1,000 square feet in area with soil composed mainly of decayed vegetable matter. See Maine Revised Statutes Title 38 Sec. 952

Bonds: includes bonds, notes, refunding bonds, commercial paper, pass-through instruments or any other evidences of obligations of the authority issued under this chapter. See Maine Revised Statutes Title 20-A Sec. 11413

Borrower: means a student who has received an education loan or any parent who has received or agreed to repay an education loan under this chapter. See Maine Revised Statutes Title 20-A Sec. 11413

Borrower: means a student who has received an education loan or any parent who has received or agreed to repay an education loan. See Maine Revised Statutes Title 20-A Sec. 11442

Building: means any structure, regardless of the materials of which it is constructed, which has a roof or partial roof supported by columns or walls, used or intended to be used for the habitation, enclosure or shelter of persons or animals or to provide uses which include, but are not limited to, working, office, display, sales, storage or parking space. See Maine Revised Statutes Title 38 Sec. 952

Code: means the United States Internal Revenue Code of 1986, as amended, and the regulations to that Code. See Maine Revised Statutes Title 20-A Sec. 11413

Code: means the United States Internal Revenue Code of 1986, as amended. See Maine Revised Statutes Title 20-A Sec. 11442

Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102

Contract: A legal written agreement that becomes binding when signed.

Cost of attendance: means the tuition and fees applicable to a student, together with an estimate of other expenses reasonably related to cost of attendance at an institution, including, without limitation, the cost of room and board, transportation, books and supplies. See Maine Revised Statutes Title 20-A Sec. 11413

Customer: includes any person, government or governmental division which has applied for, been accepted and is currently receiving service from a public utility. See Maine Revised Statutes Title 35-A Sec. 102

Dark fiber provider: means a person, its lessees, trustees, receivers or trustees appointed by any court, owning, controlling, operating or managing federally supported dark fiber that:

A. See Maine Revised Statutes Title 35-A Sec. 102

Debtor: means an individual debtor. See Maine Revised Statutes Title 14 Sec. 4421

Decedent: A deceased person.

Default insurance: means insurance that insures authority loans or bonds made or issued under this chapter against default. See Maine Revised Statutes Title 20-A Sec. 11413

Default insurance: means insurance that insures authority loans or bonds against default. See Maine Revised Statutes Title 20-A Sec. 11442

Default Reserve Fund: means a fund established by the authority for the purpose of securing authority loans or bonds made or issued under this chapter. See Maine Revised Statutes Title 20-A Sec. 11413

Default reserve fund: means a fund established by the authority for the purpose of securing authority loans or bonds. See Maine Revised Statutes Title 20-A Sec. 11442

Dependent: A person dependent for support upon another.

Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

Development: means the carrying out of any significant earthmoving, grading, dredging, filling, building, construction or mining operation; the deposit of refuse or solid or liquid wastes on a parcel of land other than agricultural utilization of animal wastes; the making of any material change in noise levels, thermal conditions or emissions of waste material; the commencement or change in the location of advertising; or the alteration of a shore, bank or floodplain of an estuary, river or pond. See Maine Revised Statutes Title 38 Sec. 952

District: means a specified area of land or water within the corridor, delineated on the district boundary map, within which certain regulations and requirements apply under this chapter. See Maine Revised Statutes Title 38 Sec. 952

Dual-tone multifrequency signaling: means a method of signaling that facilitates the transportation of signaling through a network, shortening call set-up time. See Maine Revised Statutes Title 35-A Sec. 7201

Education loan: means a loan made under this chapter that is made by the authority or by, or on behalf of, an institution to a student or to parents of a student, or both, in amounts not in excess of the maximum amounts specified by the authority to finance a part or all of the student's cost of attendance at an institution. See Maine Revised Statutes Title 20-A Sec. 11413

Education loan: means a loan made by the authority or by or on behalf of an institution to a student or to parents of a student, or both, in amounts not in excess of the maximum amounts specified by the authority to finance a part or all of the student's cost of attendance at an institution. See Maine Revised Statutes Title 20-A Sec. 11442

Education loan series portfolio: means all education loans made by a specific institution that are funded from or acquired by the proceeds of an authority loan to the institution of higher education out of the proceeds of a related specific bond issue through the authority under this chapter. See Maine Revised Statutes Title 20-A Sec. 11413

Emergency: means a situation in which property or human or animal life is in jeopardy and the prompt summoning of aid is essential. See Maine Revised Statutes Title 35-A Sec. 7102

Emission: means a release of air contaminants into ambient air or the air contaminants so released. See Maine Revised Statutes Title 38 Sec. 582

Emission source: means any and all sources of emissions of air contaminants, whether privately or publicly owned or operated. See Maine Revised Statutes Title 38 Sec. 582

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Executor: A male person named in a will to carry out the decedent

Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.

Federal interconnection rights and obligations: means the rights and obligations of a telecommunications entity under 47 United States Code §§ 251 and 252 or any other provision of federal law or regulation governing telecommunications network facility interconnection or wholesale access rights and obligations to the extent the rights and obligations under the federal law or regulation may be regulated or overseen by the commission. See Maine Revised Statutes Title 35-A Sec. 102

Fiduciary: A trustee, executor, or administrator.

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

Fugitive emissions: means emissions of air contaminants which do not pass through a stack, flue, chimney or vent. See Maine Revised Statutes Title 38 Sec. 582

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Home occupation or enterprise: means an occupation, enterprise or profession which is carried on in a dwelling unit or accessory structure by a person residing in the dwelling unit, incidental and secondary to the use of the dwelling unit for residential purposes, which conforms to the following performance standards:

A. See Maine Revised Statutes Title 38 Sec. 952

in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72

Incumbent local exchange carrier: means , with respect to an area, the local exchange carrier that on February 8, 1996 provided telephone exchange service in the area and:

A. See Maine Revised Statutes Title 35-A Sec. 102

institution of higher education: means any public or private nonprofit educational institution within the State, any public or private nonprofit educational institution outside of the State which is attended by residents of the State, any proprietary educational institution within the State for which loan guarantee services are readily and conveniently available to the authority or any proprietary educational institution outside of the State which is attended by residents of the State and for which loan guarantee services are readily and conveniently available to the authority, which:

A. See Maine Revised Statutes Title 20-A Sec. 11413

institution of higher education: means any public or private nonprofit educational institution within the State, any public or private nonprofit educational institution outside of the State attended by residents of the State, any proprietary educational institution within the State for which loan guarantee services are readily and conveniently available to the authority or any proprietary educational institution outside of the State attended by residents of the State and for which loan guarantee services are readily and conveniently available to the authority, that:

A. See Maine Revised Statutes Title 20-A Sec. 11442

Interexchange carrier: means any person, association, corporation or other entity that provides intrastate interexchange telecommunications services, including a local exchange carrier that provides interexchange service. See Maine Revised Statutes Title 35-A Sec. 102

Intestate: Dying without leaving a will.

Junkyard: means a yard, field or other parcel of land used as a place for storage for:

A. See Maine Revised Statutes Title 38 Sec. 952

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Lien: A claim against real or personal property in satisfaction of a debt.

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Loan funding deposit: means money or other property deposited by an institution with the authority or a trustee or custodian, in amounts the authority determines necessary as a condition for an institution's participation in the authority's programs under this chapter, to:

A. See Maine Revised Statutes Title 20-A Sec. 11413

A. See Maine Revised Statutes Title 20-A Sec. 11442

Local usage: means an amount of minutes of use of exchange service within a certain area, prescribed by the commission, provided for a flat rate to end users. See Maine Revised Statutes Title 35-A Sec. 7201

Marsh: means a periodically wet or continually flooded land area exceeding 1,000 square feet with the surface not deeply submerged, covered dominantly with sedges, cattails, rushes or other hydrophytic plants. See Maine Revised Statutes Title 38 Sec. 952

Mean high waterline: means the average high tide level. See Maine Revised Statutes Title 38 Sec. 952

Mobile telecommunications services: means telecommunications services licensed by the Federal Communications Commission for mobile use. See Maine Revised Statutes Title 35-A Sec. 102

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Municipality: includes , for purposes of enacting an air pollution control ordinance, only cities, organized towns and plantations. See Maine Revised Statutes Title 38 Sec. 582

Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72

Normal high water line: means the line on the shore or bank of the fresh-water portion of a river at the point or elevation where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. See Maine Revised Statutes Title 38 Sec. 952

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Outdoor wood boiler: means a fuel burning device:

A. See Maine Revised Statutes Title 38 Sec. 582

Parent: means any parent or guardian of a student at an institution of higher education. See Maine Revised Statutes Title 20-A Sec. 11413

Parent: means any parent or guardian of a student at an institution of higher education. See Maine Revised Statutes Title 20-A Sec. 11442

Person: means any individual, partnership, corporation, whether private, public or quasi-municipal, municipality, state governmental agency or other legal entity. See Maine Revised Statutes Title 38 Sec. 582

Person: includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, trust, estate, any other legal entity or natural person. See Maine Revised Statutes Title 35-A Sec. 102

Personal property: All property that is not real property.

Plaintiff: The person who files the complaint in a civil lawsuit.

price cap ILEC: means an incumbent local exchange carrier that agreed to accept Connect America Fund Phase II support pursuant to the Federal Communications Commission's Report and Order released on December 18, 2014, in In the Matter of Connect America Fund, WC Docket No. See Maine Revised Statutes Title 35-A Sec. 7102

Principal: means the person who supervises the operation and management of a school and school property as determined necessary by the superintendent under policies established by the school board. See Maine Revised Statutes Title 20-A Sec. 1

Probate: Proving a will

Provider of last resort service: means a flat-rate service with voice grade access to the public switched telephone network; local usage within the basic service calling areas of incumbent local exchange carriers as of January 1, 2012; dual-tone multifrequency signaling or its functional equivalent; single-party service or its functional equivalent; access to emergency services; access to operator services; access to interexchange service; access to directory assistance; toll limitation for qualifying low-income customers; and the capacity to maintain uninterrupted voice service during a power failure, either through the incorporation into the network or network interface devices of suitable battery backup or through electric current. See Maine Revised Statutes Title 35-A Sec. 7201

Public right-of-way: is a n improved roadway maintained for passage by motor vehicles in which the owner of fee does not control the right of passage. See Maine Revised Statutes Title 38 Sec. 952

Public switched telephone network: means the network of equipment, lines and controls assembled to establish communication paths between calling and called parties in North America. See Maine Revised Statutes Title 35-A Sec. 102

Public utility: includes every gas utility, natural gas pipeline utility, transmission and distribution utility, telephone utility, water utility and ferry, as those terms are defined in this section, and each of those utilities is declared to be a public utility. See Maine Revised Statutes Title 35-A Sec. 102

Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Region: means an air quality region or regions established by the board pursuant to section 583. See Maine Revised Statutes Title 38 Sec. 582

Rule: means a rule adopted by the authority pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II. See Maine Revised Statutes Title 20-A Sec. 11413

Secondary market: means the entity created pursuant to section 11407 prior to the enactment of this chapter. See Maine Revised Statutes Title 20-A Sec. 11413

Service drop: means any utility line extension that does not cross or run beneath any portion of a water body as long as:

A. See Maine Revised Statutes Title 38 Sec. 952

Service provider: means an entity designated as a provider of provider of last resort service under this chapter. See Maine Revised Statutes Title 35-A Sec. 7201

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

Single-party service: means telecommunications service that permits users to have exclusive use of a wireline subscriber loop or access line for each call placed or, in the case of wireless telecommunications carriers that use spectrum shared among users to provide service, a dedicated message path for the length of a user's particular transmission. See Maine Revised Statutes Title 35-A Sec. 7201

Structure: means any object of a significant nature constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location or in the ground, which may include, but is not limited to, buildings, mobile homes, walls, fences, billboards, signs, piers and floats. See Maine Revised Statutes Title 38 Sec. 952

Subpoena: A command to a witness to appear and give testimony.

Supplemental loan: means a loan to a student or to a parent to finance the costs of higher education other than a loan guaranteed pursuant to the federal Higher Education Act of 1965, 20 United States Code, Chapter 28. See Maine Revised Statutes Title 20-A Sec. 11413

Swamp: means a periodically or continually wet area exceeding 1,000 square feet in area which supports tree growth. See Maine Revised Statutes Title 38 Sec. 952

Telephone utility: includes every person, its lessees, trustees, receivers or trustees appointed by any court, that provides telephone service for compensation inside this State. See Maine Revised Statutes Title 35-A Sec. 102

Testify: Answer questions in court.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Toll limitation for qualifying low-income customers: means a service provided to customers of provider of last resort service that meet income qualifications established by the commission by rule that allows those customers:

A. See Maine Revised Statutes Title 35-A Sec. 7201

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72

Tributary stream: means a channel between defined banks and associated flood plain wetlands. See Maine Revised Statutes Title 38 Sec. 952

Trustee: A person or institution holding and administering property in trust.

Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.

United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72

Voice grade access: means a functionality that offers a minimum bandwidth range of 300 to 3,000 hertz that enables a user of telecommunications services to transmit voice communications, including signaling the network that the caller wishes to place a call, and to receive voice communications, including receiving a signal indicating there is an incoming call. See Maine Revised Statutes Title 35-A Sec. 7201

Voice service provider: means any person providing, directly or indirectly, 2-way voice communications service for compensation in this State. See Maine Revised Statutes Title 35-A Sec. 102

Wetlands: means marshes, bogs, swamps and other areas exceeding 1,000 square feet, periodically covered by water which exhibit predominantly aquatic vegetation. See Maine Revised Statutes Title 38 Sec. 952

Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72