MontanaMT
- Cooperative poles
- No. A rural electric cooperative is exempt in all respects from the jurisdiction and control of the Montana Public Service Commission under MCA 35-18-104, and is outside 47 U.S.C. 224 as well, so the rate on a cooperative pole is whatever the attachment contract says.
- Municipal poles
- No. A municipality regulates, establishes and changes its own utility rates under MCA 69-7-101, and Montana has enacted no pole attachment regime that could reach a municipal pole.
- Rate standard
- The FCC cable formula under 47 U.S.C. 224(d) and the telecommunications formula under 224(e), as implemented in 47 CFR Part 1 Subpart J, applying directly and with no state overlay because Montana has not certified.
- Where a dispute goes
- The Federal Communications Commission, by pole attachment complaint under 47 CFR Part 1 Subpart J. There is no Montana Public Service Commission pole attachment forum.
- Confidence
- High confidence on non-certification, the federal forum, the cooperative exemption and the municipal exclusion
Authorities47 U.S.C. 224(d)47 U.S.C. 224(e)47 CFR 1.1401 to 1.1415MCA 35-18-104MCA 69-7-101DA 22-630