State of Maine "clarifies that municipalities have the authority to become providers of wireless Internet services" and sets up a State Planning Office study of the issues "associated with municipalities' providing wireless Internet services to their communities"
Broadband Wireless Access World #46
Augusta, Maine
June 9, 2005
By Marc Strassman
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Lynn Bromley, Maine State Senator, D-Cumberland County
U.S. Supreme Court Justice Louis D. Brandeis famously described the American states as "laboratories of democracy.".
Given that the State of Nebraska has now banned municipalities and public utilities from offering broadband Internet service to that state's residents, while the State of Maine has just passed legislation confirming the authority of municipalities in Maine to do so, these two states may also serve as "laboratories of technopolitical choices."
On May 19, 2005, the Maine Senate passed, by a vote of 88 to 53 LD 1128, "An Act Directing State Planning Office to Study Municipal Capabilities to Become Providers of Internet Services."
This legislation declares, on behalf of the people of Maine, that:
"The purpose of this chapter is to implement the home rule powers granted to municipalities by the Constitution of Maine, Article VIII, Part Second. Unless otherwise prohibited by law, nothing in the chapter may be construed to restrict a municipality's authority to become a provider of wireless Internet service."
In addition to confirming this right of Maine's municipalities, LB 1128 also establishes a study group to investigate issues related to the provision of municipal broadband services in Maine.