WyomingWY
- Cooperative poles
- Conditional. Cooperative poles sit outside Section 224, and W.S. 37-1-101(a)(vi) carries no distribution cooperative exclusion, so the Commission's general and exclusive power under W.S. 37-2-112 applies, any person may complain under W.S. 37-2-118, and an otherwise exempt cooperative remains subject to Commission authority under W.S. 37-17-102 because an attachment charge is not a retail rate under W.S. 37-17-101. One located cooperative tariff governs attachments by joint use contract. No attachment order was found
- Municipal poles
- No inside corporate limits, under W.S. 37-1-101(a)(vi)(H)(II). Commission power over service beyond those limits is exclusive, which is untested on attachments
- Rate standard
- No state pole attachment statute and no Commission rule. The FCC cable and telecommunications formulas apply on an investor-owned pole. Cooperative poles are contract, with a conditional just and reasonable review available under W.S. 37-2-121, and municipal poles are contract
- Where a dispute goes
- The FCC Enforcement Bureau on a pole Section 224 reaches. On a cooperative pole, either the Wyoming Public Service Commission under W.S. 37-2-118, which is untested, or district court. Court on a municipal pole. A federal power administration pole sits outside Section 224
- Confidence
- High confidence on non-certification, the Title 37 text, City of Torrington and the located cooperative tariff; Provisional on chapter 17, the engineering practice act and the conditional reading; Indicative only on BEAD and champerty
AuthoritiesW.S. 37-1-101(a)(vi)W.S. 37-2-112W.S. 37-2-118W.S. 37-2-121W.S. 37-17-101W.S. 37-17-102City of Torrington v. Smith, 2016 WY 126FCC DA 22-630