AGO 2009-02.

Case DateMarch 26, 2009
CourtMaine
Maine Attorney General Opinions 2009. AGO 2009-02. 2009-02March 26, 2009Representative H. David CottaMaine House of Representatives State House Station #2 Augusta, ME 04333-0002 Dear Representative Cotta: This letter will confirm the information provided to you in a recent phone conversation with Chief Deputy Linda Pistner, in response to your question concerning the authority of the Public Utilities Con1n1ission (PUC) to refuse a request by a municipal or county government to change its Public Safety Answering Point (PSAP) service provider. The governing statute does not expressly address this issue. However, the broad responsibility imposed on the PUC for the statewide E-9-1-1 system, together with the specific authority to establish appropriate PSAP sites provide a sufficient legal basis forthe PUC's decision to require approval for a change of PSAP. The Emergency Services Communication Bureau ("Bureau") within the PUC has broad authority to implement and manage a statewide E-9-1-1 system. See 25 M.R.S.A. § 2926. In consultation with the E-9-1-1 Council, the Bureau is responsible for developing standards, specifications and procedures by which the system operates, as detailed in § 2926(2), including the following:
C. After consultation with the affected public and private safety agency officials, identification of appropriate public safety answering point sites based on consideration of the existing dispatching capabilities of public and private safety agencies, the expressed preferences of Municipalities throughout the State and overall system cost.
25 M.R.S.A. § 2926(2)(C). This language requires the Bureau to consult with affected public and private safety agency officials, and to consider both existing dispatching capabilities and expressed preferences of municipalities. However, the authority over "identification of appropriate" PSAPs is given to the Bureau. Moreover, the Bureau also has responsibility for exercising this authority in a Manner that moves toward reducing the total number of PSAPs.
2-A. Goal. To the extent possible, the bureau shall establish a total of between 16 and 24 public service answering points. The bureau shall seek to coordinate any reduction in the number of public service answering points to achieve this goal with any contractual obligations it may have or may enter into that are
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