AlaskaAK
- Cooperative poles
- Yes, including a cooperative that has voted itself out of rate regulation. AS 42.05.321(b) applies the joint use duty to all utilities whether or not exempt, and the joint use rules key to the statutory definition of public utility rather than to whether the owner is regulated
- Municipal poles
- Yes, on the same override. A municipal utility sets its own retail rates by council vote and is still bound on poles
- Rate standard
- Mandatory state formula. The Commission requires compensation built from the additional costs of the modifications the joint use requires plus an occupied space share of net pole investment, with prescribed space presumptions and a capped return component for an owner not subject to economic regulation
- Where a dispute goes
- Regulatory Commission of Alaska, for every non federal owner class, by complaint under 3 AAC 52.930
- Confidence
- High confidence on certification, on the whole of 3 AAC 52.900 to 52.940 and on the governing Alaska statutes, all read in full; Provisional on the Commission docket findings, the utility landscape and the BEAD figures. The constitutional limb was not run
Authorities3 AAC 52.9103 AAC 52.9203 AAC 52.930AS 42.05.321(b)AS 42.05.711(h)FCC DA 22-630