PennsylvaniaPA
- Cooperative poles
- No. Cooperative poles sit outside every Pennsylvania regime on two independent statutory routes: 15 Pa.C.S. 7334 exempts electric cooperative corporations except as to certified territory, and 52 Pa. Code 77.2(a) and 77.3(a) carry the federal exclusions forward. There is no state rate remedy and no state make ready remedy on a cooperative pole.
- Municipal poles
- No. The thirty five borough electric systems are excluded from 52 Pa. Code Chapter 77, because 77.2(a) and 77.3(a) exclude any person expressly exempted by 47 U.S.C. 224(a)(1) and 47 CFR 1.1402(a), and 1.1402(a) excludes any person owned by any State.
- Rate standard
- The FCC cable and telecommunications rate formulas, adopted wholesale by 52 Pa. Code 77.4(a) to the full extent provided for in 47 U.S.C. 224 and Part 1 Subpart J, with the Public Utility Code just and reasonable standard at 66 Pa.C.S. 1301(a) running alongside it. Since 2026-01-08 the presumptive maximum rate of 47 CFR 1.1406 is evidence of unreasonableness rather than a presumption: FirstEnergy holds the Commission has no statutory authority to enact a presumptive maximum, so under 66 Pa.C.S. 332(a) the challenger bears the burden of showing an existing rate is unjust.
- Where a dispute goes
- The Pennsylvania Public Utility Commission, not the FCC, by formal complaint under 52 Pa. Code 77.5 using the mediation and adjudicative procedures of 52 Pa. Code Chapters 1, 3 and 5. Pennsylvania procedure governs and the federal rules control only where it is silent, and a corporate complainant must be represented.
- Confidence
- High confidence on certification, the rate adoption and the 2026 holding that limits it, the cooperative exclusion and the municipal exclusion; Provisional on the procedural detail of the complaint forum
Authorities52 Pa. Code 77.152 Pa. Code 77.4(a)52 Pa. Code 77.515 Pa.C.S. 733466 Pa.C.S. 1301(a)47 CFR 1.1402(a)47 CFR 1.1406DA 20-302DA 22-630FirstEnergy Pennsylvania Electric Co. v. Pennsylvania Public Utility Commission, Nos. 42 and 43 MAP 2024 (Pa. 2026)