UtahUT
- Cooperative poles
- Conditional, and yes on the text. Utah Code 54-2-1(23)(a) puts distribution and wholesale electrical cooperatives inside public utility, R746-345 reaches every public utility pole owner, and PSC Docket 17-030-T01 of 2021-02-16 states that distribution cooperatives are public utilities within Commission jurisdiction, 54-7-12(7) exempting only their rate change procedure. No cooperative pole tariff or order was found, and the question is untested on a pole
- Municipal poles
- No. Utah Code 54-2-1(6)(b) excludes cities and other governmental units, so a municipal pole is contract only
- Rate standard
- A state formula that is presumptive and required to conform to the FCC rules except as modified, under R746-345-5(A): a one space allocation, one foot for cable and telecommunications alike, the rule's own height presumptions, and net cost of a bare pole. A filed tariff or statement of generally available terms is mandatory under R746-345-3(A). Municipal poles are contract. No per foot figure is published here; the pole owner's filed tariff governs
- Where a dispute goes
- The Utah Public Service Commission, under R746-345-3(B)(1) and R746-345-6, which run mediation and then a hearing. Never the FCC, Utah being certified. State court on a municipal pole
- Confidence
- High confidence on the certification, the official text of R746-345, the 1982 decision and the Title 54 texts; Provisional on the pole owner inventory, BEAD, municipal case law and the risk flags
AuthoritiesUtah Code 54-2-1(23)(a)Utah Code 54-2-1(6)(b)Utah Code 54-7-12(7)Utah Admin. Code R746-345Utah Cable Television Operators Ass'n v. Public Service Comm'n, 656 P.2d 398 (Utah 1982)Utah PSC Docket 17-030-T01FCC DA 22-630