WisconsinWI
- Cooperative poles
- Conditional, and the two questions come apart. A cooperative furnishing to its members only is excluded from the defined term public utility at Wis. Stat. 196.01(5)(b)1, so the Commission has no general rate jurisdiction over it. The Wisconsin pole duty does not run to public utilities as owners, it runs to a person who owns transmission equipment and property, so a cooperative can owe the duty while sitting outside the rate jurisdiction.
- Municipal poles
- Yes. A town, village or city that owns or operates an electric plant is a public utility by the express words of Wis. Stat. 196.01(5)(a), so a municipal electric utility is fully Commission jurisdictional and separately owes the pole duty.
- Rate standard
- A state reasonableness standard under Wis. Stat. 196.04(1)(b)1, with the FCC cable and telecommunications formulas applying of their own force because Wisconsin has filed no certification.
- Where a dispute goes
- The FCC under 47 CFR Part 1 Subpart J, and concurrently the Public Service Commission of Wisconsin under Wis. Stat. 196.04(2), which lets any public utility, video service provider, telecommunications provider or other interested person apply to the commission where there is a failure to agree on the use of transmission equipment and property or on the compensation for it.
- Confidence
- High confidence on non-certification, the municipal duty, the cooperative treatment and the concurrent forum
AuthoritiesWis. Stat. 196.01(5)(a)Wis. Stat. 196.01(5)(b)1Wis. Stat. 196.04(1)(b)1Wis. Stat. 196.04(2)47 U.S.C. 224(d)FCC DA 22-630