IndianaIN
- Cooperative poles
- Yes. IC 8-1-2-5.5 names cooperative pole owners, and Kankakee Valley holds that Commission jurisdiction over a pole dispute survives a cooperative's withdrawal election under IC 8-1-13-18.5
- Municipal poles
- Yes. IC 8-1-2-5 reaches every municipality and IC 8-1-2-5.5(e)(3) names a municipality providing electric service as a pole owner. Municipal poles sit outside Section 224
- Rate standard
- Two regimes. Investor owned electric and incumbent telephone poles run on the FCC formulas, and IC 8-1-2-5(b) adds only a bare reasonableness standard with no formula, no ceiling and no presumption. For a cooperative or municipal pole with a cable operator attacher, IC 8-1-2-5.5(i) sets a safe harbour that is a ceiling and a presumption rather than a mandatory rate
- Where a dispute goes
- The FCC for investor owned electric and incumbent telephone poles. The Indiana Utility Regulatory Commission for cooperative and municipal poles, with judicial review under IC 8-1-3
- Confidence
- High confidence on non certification, on both state regimes, on every forum, and on the findings that Indiana sets no attacher limitation period, no Commission decision clock and no make ready timeline of general application; Provisional on carrying the Kankakee Valley reasoning across to the municipal withdrawal statutes and on utility counts. No Indiana deadline or timeline is stated here
AuthoritiesIC 8-1-2-5IC 8-1-2-5.5IC 8-1-13-18.5IC 8-1-347 U.S.C. 224FCC DA 22-630Kankakee Valley Rural Electric Membership Corporation v. United Telephone Company of Indiana, Inc., No. 93A02-0505-EX-463 (Ind. Ct. App. Mar. 17, 2006)