IllinoisIL
- Cooperative poles
- No. Cooperatives are excluded from public utility status by 220 ILCS 5/3-105(b)(3) and sit outside Section 224, so no Commission rate or access duty reaches a cooperative pole. Contract, and a circuit court
- Municipal poles
- No. Municipal systems are excluded from Illinois Commerce Commission jurisdiction by 220 ILCS 5/3-105(b)(1) and sit outside Section 224. Whether any Illinois rate ceiling or access duty reaches them was not established in this pass
- Rate standard
- A presumptive Illinois formula at 83 Ill. Adm. Code 315.20, which is presumptive rather than a ceiling and reaches cable television attachers only. No Illinois rate standard of any kind applies to a telecommunications attacher, to a cooperative pole or to a municipal pole
- Where a dispute goes
- It splits by attacher and by owner. The Illinois Commerce Commission for a cable television attacher on a Commission jurisdictional pole. The FCC for a telecommunications attacher on an investor owned electric pole, because the state certification does not reach telecommunications attachments to electric utility poles. No commission at all for a cooperative or municipal pole
- Confidence
- High confidence on certification and on the limit of that certification, on the cooperative and municipal exclusions, on the Part 315 cable formula and on the finding that Illinois has no wireline make ready timeline of any kind; Provisional on the municipal negatives proved by absence and on the practical forum characterisation. No Illinois limitation period or filing deadline was sourced and none is stated here
Authorities220 ILCS 5/3-105(b)(1)220 ILCS 5/3-105(b)(3)220 ILCS 5/7-10283 Ill. Adm. Code 315.2047 U.S.C. 224FCC DA 22-630FCC DA 19-640