Rhode IslandRI
- Cooperative poles
- Does not arise. There is no electric cooperative in Rhode Island. One quasi municipal utility district was admitted as a voting member of a rural electric cooperative trade association, which is an association membership and not a corporate form.
- Municipal poles
- On the text, yes, and the reason is that the carve out is about water. The definitions interlock so that a quasi municipal electric utility district is a company, and therefore an electric distribution company, and therefore a public utility, the municipal carve out in that definition being expressly and only about public waterworks and water service. No Rhode Island authority holds it, so the class is recorded as conditional rather than settled, and because the state has no pole attachment rule the state regime reaches the owner and not the subject.
- Rate standard
- No state standard for any attacher on any pole. On an investor owned electric or telephone pole the FCC cable and telecommunications formulae apply unqualified, Rhode Island never having certified, so an attacher there takes every later FCC amendment with no state rulemaking in between. There is no state formula, no band, no filed pole attachment tariff and no pole specific state reasonableness standard. The only attachment charge cap in Rhode Island law binds an authority on a small wireless collocation in the public rights of way, not a pole owner on pole rent.
- Where a dispute goes
- The FCC Enforcement Bureau on every pole the federal statute reaches, which is every investor owned electric and telephone pole. Rhode Island splits the rate standard from the remedy: the Public Utilities Commission is the rate tribunal, and the Division of Public Utilities and Carriers hears a quasi municipal district on the general duties rather than on any pole provision, the state having no pole attachment rule.
- Confidence
- High confidence on the certification, the absence of any state pole rate standard, the definitional route to the municipal class and the forum split, each read in full by the run; Provisional on the owner inventory and pole counts, the court decisions, the docket history and the BEAD figures.
AuthoritiesR.I. Gen. Laws 39-1-2R.I. Gen. Laws 39-1-3R.I. Gen. Laws 39-19-6R.I. Gen. Laws 39-32-5815-RICR-30-00-1FCC DA 22-630