New MexicoNM
- Cooperative poles
- Distribution cooperatives are subject to New Mexico Public Regulation Commission jurisdiction, written into the Public Utility Act by name with no opt out. Generation and transmission cooperatives are carved out
- Municipal poles
- Municipal systems are not Commission rate regulated and sit outside Section 224. Contract only
- Rate standard
- There is no New Mexico pole attachment rate standard of any kind: no formula, no ceiling, no presumptive rate, no filed tariff duty and no adoption of the FCC formula by reference. A distribution cooperative is held only to the general standard that a charge not be unfair, unreasonable, unjust or inadequate
- Where a dispute goes
- The FCC for investor owned electric and incumbent telephone poles. The New Mexico Public Regulation Commission for a distribution cooperative, by complaint under NMSA 1978, Section 62-10-1, and the Commission may proceed only where it finds probable cause. District court on the contract for a generation and transmission cooperative and for a municipal or H class county system. Tribal jurisdiction is unresolved
- Confidence
- High confidence on non certification proved by reading the list in full, on cooperative jurisdiction as statutory text, on the municipal position and on the total absence of any state rate standard; Provisional on how that jurisdiction would apply to a pole attachment, which no located New Mexico statute, rule or order has yet done in either direction. No New Mexico limitation period, make ready timeline or decision clock exists and none is stated here
AuthoritiesNMSA 1978, Section 62-3-3(D)NMSA 1978, Section 62-6-4(A)NMSA 1978, Section 62-10-11.2.2.9 NMAC47 U.S.C. 224(c)47 U.S.C. 224(a)(1)FCC DA 22-630FCC DA 26-579