TennesseeTN
- Cooperative poles
- Cooperative poles sit outside state utility regulation and outside Section 224. Where the cooperative sells broadband, Tenn. Code Ann. 65-25-134 adds a nondiscriminatory access duty, a self imputation rule and a chancery court remedy. A cooperative distributing Tennessee Valley Authority power charges a TVA approved fully allocated cost rate under its wholesale power contract, which is not a rate cap and does not displace the agreement
- Municipal poles
- Municipal systems are excluded from public utility status and sit outside Section 224, and City of Memphis v. Gilliland held that Section 224(f)(1) is not mandatory on a municipal system. The chapter 52 parity, imputation and remedy provisions run to a franchisee under chapter 59 rather than to attachers generally, and that reading is less firmly established than the rest of this row
- Rate standard
- For a municipal or cooperative local power company distributing Tennessee Valley Authority power, the TVA fully allocated cost formula, being space allocation times net cost of a bare pole times carrying cost. Investor owned poles run on the FCC cable and telecom formulas
- Where a dispute goes
- The FCC under Subpart J for investor owned poles. Chancery court in the two statutory cases. Otherwise contract only, in a Tennessee court, with no agency, no commission and no FCC
- Confidence
- High confidence on non certification, on the cooperative position and the TVA rate mechanism, and on the forum conclusions that rest on Tenn. Code Ann. 65-25-134(h) and on the absence of any Tennessee pole attachment rule; Provisional on the municipal row, including the chapter 52 provisions. Tennessee has no state make ready timeline, no self help right and no application processing deadline, no limitation period was researched, and no Tennessee deadline is stated here
AuthoritiesTenn. Code Ann. 65-4-101(6)(A)Tenn. Code Ann. 65-25-134Tenn. Code Ann. 7-52-60916 U.S.C. 831i47 U.S.C. 224(a)(1)TVA, Determination on Regulation of Pole Attachments (February 2016)City of Memphis v. Tandy J. Gilliland Family LLC, No. W2014-02472-COA-R3-CV (Tenn. Ct. App. Dec. 16, 2015)FCC DA 22-630