South CarolinaSC
- Cooperative poles
- Yes, under the Broadband Accessibility Act, S.C. Code 58-9-3030, with PSC jurisdiction carried in by 33-49-150. Read the operative duty rather than the definitions: every duty in 58-9-3030 runs to an electric cooperative as defined at 58-9-3010(10), and the broader electric provider term at 58-9-3010(11), which sweeps in investor owned utilities and the state owned Public Service Authority, is never used in the access duty at all
- Municipal poles
- No for city electric systems, which sit outside both the statute and Section 224. The state owned Public Service Authority is a different case and not a second No. S.C. Code 58-31-230(F) puts a conditional parity duty on it: the duty switches on only if the Authority first determines, in its sole discretion, to provide access to some communications service provider, access remains subject to the Authority's own terms and conditions, denial is preserved for insufficient capacity, safety, reliability and generally applicable engineering principles, and leasing of excess fiber capacity is carved out entirely. There is no rate standard, no just and reasonable requirement, no formula and no timeline in it
- Rate standard
- State just, reasonable and nondiscriminatory standard with no codified formula and no cap. S.C. Code 58-9-3030 sets a standard and nothing more, and its only federal cross reference is procedural, adopting the make ready timelines at 47 C.F.R. 1.1411 as that rule stood on 2020-09-15
- Where a dispute goes
- South Carolina Public Service Commission for cooperatives, with an interim rate in 30 days and a final rate in 180 days, retroactive to the written request. For the state owned Public Service Authority the forum is the Administrative Law Court, which S.C. Code 58-31-230(G) gives authority and jurisdiction to enforce compliance with that section, not the Commission and not a court of general jurisdiction. Investor owned disputes go to the FCC
- Confidence
- High confidence on non-certification by statutory self-disclaimer, cooperative coverage, the PSC forum with its 30 and 180 day clocks and retroactivity, the Administrative Law Court forum for the Public Service Authority, the conditional character of the 58-31-230(F) parity duty, and the absence of any rate formula in 58-9-3030; Provisional on the general municipal conclusion, which rests on the absence of a covering statute plus the Section 224 municipal exemption rather than on a statute reaching city systems
AuthoritiesS.C. Code 58-9-3030S.C. Code 58-9-3010(10)S.C. Code 58-9-3010(11)S.C. Code 33-49-150S.C. Code 58-31-230(F)S.C. Code 58-31-230(G)S.C. Code 58-31-230(H)(2)47 C.F.R. 1.1411