MississippiMS
- Cooperative poles
- Access yes, rate no. Miss. Code Ann. 77-5-235(4) gives an attacher a real state law right of access to electric power association poles, and denial is permitted only for insufficient capacity or safety and reliability and only where the attacher will not resolve the issue. The rate is set by the association's own board and is not regulated
- Municipal poles
- No. Roughly twenty five municipal systems sit outside Section 224, outside the Electric Power Associations Act and outside Commission rate jurisdiction. Contract and ordinance only, with no Mississippi rate ceiling of any kind
- Rate standard
- No Mississippi rate standard exists for any owner class. Investor owned poles run on the FCC formulas. Association rates are board set with no formula, no ceiling and no reasonableness standard, disciplined only by an affiliate fee parity rule where the association has a broadband affiliate
- Where a dispute goes
- The FCC for investor owned electric and telephone poles, because Mississippi has not certified and its Commission has issued no attachment rule. For association poles the forum is not established: the statute preserves prior Commission jurisdiction only if any existed, and none has been demonstrated
- Confidence
- High confidence on non certification proved two independent ways, the whole of the attachment section including the access duty and the savings clause, the width of the Commission carve outs, the affiliate parity rule, the municipal exclusions, and the total absence of any Commission attachment rule proved by reading the rules; Good confidence on the federal entity footprint; Provisional on the statutory character of the Commission and on the distinction of the leading case from the attachment question
AuthoritiesMiss. Code Ann. 77-5-235Miss. Code Ann. 77-3-5Miss. Code Ann. 77-17-5Miss. Code Ann. 77-5-259FCC DA 22-630