ColoradoCO
- Cooperative poles
- Conditionally, and the condition is a fact about the cooperative. The rate and access duties in C.R.S. 40-15-604(2) reach only an electric utility that has a broadband affiliate
- Municipal poles
- Yes, and from a different title. C.R.S. 38-5.5-108 caps municipal and local government pole charges in a right of way at the federal formula and bans in kind payment outright
- Rate standard
- No Colorado formula. A cooperative with a broadband affiliate owes just and reasonable fees apportioned by usable space. A municipality in a right of way is capped at the federal number
- Where a dispute goes
- Any Colorado court of competent jurisdiction. Part 6 names no agency and does not mention the PUC. Investor owned disputes go to the FCC
- Confidence
- High confidence on non-certification proved two independent ways, the Part 6 duty structure and its broadband affiliate condition, the court only forum, and the municipal ceiling and in kind ban; Good confidence on utility counts; Provisional on the exemption mechanics
AuthoritiesC.R.S. 40-15-604C.R.S. 40-15-604(8)(b)C.R.S. 38-5.5-108