LouisianaLA
- Cooperative poles
- Yes, fully, and the Revised Statutes read the other way. La. R.S. 45:1163 appears to let a cooperative exempt itself, but Cajun Electric Power Cooperative v. LPSC (La. 1989) held the constitutional grant plenary and that statute unconstitutional insofar as it permits the exemption. La. R.S. 12:430.1 separately binds cooperatives to the Commission's pole order by name
- Municipal poles
- No, and Louisiana inverts the usual pattern. Municipal and parish systems are the unregulated class, outside the Commission by the state constitution and outside Section 224. Roughly twenty one systems, contract and ordinance only
- Rate standard
- Not established. Louisiana is certified, so the FCC cable and telecom formulas do not govern a Louisiana pole and must not be used to benchmark one. The operative Commission general order in Docket R-26968 could not be obtained, so no Louisiana rate methodology, ceiling or state clock is established here
- Where a dispute goes
- Louisiana Public Service Commission for every private owner including cooperatives, never the FCC, because Louisiana is certified. Municipal and parish poles go to district court on the contract
- Confidence
- High confidence on certification, cooperative regulation and the constitutional holding behind it, the municipal exclusion and the La. R.S. 12:430.1 duties; Good confidence on the 1978 certification date and the utility counts; the rate methodology, any rate ceiling and every state timeline are not established, because the operative Commission general order could not be retrieved and is not published
AuthoritiesLa. R.S. 12:430.1La. R.S. 45:1163La. R.S. 45:121Cajun Electric Power Coop. v. LPSC, 544 So. 2d 362 (La. 1989)FCC DA 22-630