MarylandMD
- Cooperative poles
- Yes, as owners, and this inverts the usual pattern. Cooperatives are electric companies under Md. Code Ann., Pub. Util. 1-101(i)(1) and therefore public service companies whose retail rates the Public Service Commission sets. Maryland has no pole attachment rule, so that jurisdiction has never been pointed at a pole attachment charge
- Municipal poles
- Yes, as owners, on the same footing as cooperatives. The Commission decides municipal electric base rate cases to final order. The same caveat applies: Maryland has no pole attachment rule
- Rate standard
- No Maryland rate standard exists for a pole attachment. On investor owned electric and incumbent telephone poles the FCC cable and telecommunications formulas apply as ceilings, because Maryland has not certified. On cooperative and municipal poles the attachment agreement governs. Md. Code Ann., Pub. Util. 4-201 ties the just and reasonable duty to regulated services and no Maryland order applies it to an attachment
- Where a dispute goes
- Splits in two, and completely. Investor owned electric and Verizon Maryland go to the FCC. Cooperative and municipal poles go to the Maryland Public Service Commission by written complaint under Md. Code Ann., Pub. Util. 3-102(a)(1), which any person may file but which requires naming a violated provision rather than calling a charge unreasonable, and which is untested on attachments. Maryland sets no make ready, survey, transfer, red tag or cost causation timeline of any kind
- Confidence
- High confidence on non certification proved three ways, on the Public Utilities Article definitions and on sections 2-113, 3-102, 4-201, 4-202 and 7-502, on the Commission rate case dockets for both cooperatives and municipals, on Order No. 91601 and the 2016 Staff report read in full, and on the COMAR chapter indexes; Provisional on the BEAD figures, the utility counts, the federal entity negative and the appellate negatives. Whether a pole attachment charge falls inside the Commission's jurisdiction at all is the central Maryland open question, and no Maryland rate figure is stated here
AuthoritiesMd. Code Ann., Pub. Util. 1-101Md. Code Ann., Pub. Util. 2-113Md. Code Ann., Pub. Util. 3-102Md. Code Ann., Pub. Util. 4-201Md. Code Ann., Pub. Util. 4-202Md. Code Ann., Pub. Util. 7-502COMAR 20.07.01.04Maryland PSC Order No. 91601, Administrative Docket PC 38FCC DA 22-630FCC DA 26-579