North DakotaND
- Cooperative poles
- No. Cooperative poles are outside state pole regulation, and the exemption is wider than the statute book, which is the trap in this state: the general definition of public utility is keyed to the business rather than the ownership form and carries no cooperative carve out, so a reader working from the definitions alone would wrongly conclude a cooperative is inside. The attachment agreement is the whole of the governing law.
- Municipal poles
- No. A municipal or other political subdivision electric utility is outside state pole regulation, and that limb of the exemption was not narrowed by the amendment that narrowed the cooperative limb. It is outside the federal statute as well, so the agreement governs.
- Rate standard
- No state rate standard on any pole for any attacher. There is no state formula, ceiling, tariff or benchmark. On an investor owned electric or telephone pole the FCC cable and telecommunications formulas apply unqualified, because the state never certified and carved nothing out. Cooperative, municipal and federally owned poles are contract only.
- Where a dispute goes
- The FCC on an investor owned electric pole, and the FCC or, alternatively, the North Dakota Public Service Commission on an investor owned telephone pole. Cooperative and municipal electric poles have no forum on either layer and the attachment agreement is the whole of the governing law. A latent state power to set compensation for joint pole use exists but is closed to a telecommunications attacher by a second statute in a different chapter.
- Confidence
- High confidence on the certification, the absence of any state rate standard, the owner class exemptions and the forum, each read in full by the run; Provisional on the owner inventory and counts, the constitutional readings, the state court decisions and the BEAD figures.
AuthoritiesNDCC 49-02-05NDCC 49-21-01.2NDCC 49-21-09NDCC 49-03-01.5(6)NDCC 49-02-01.1Attorney General Letter Opinion 2000-L-81FCC DA 22-630