2005 Montana Code Annotated - 35-18-104 — Exemption from jurisdiction of public service commission - federal pole regulation.


     35-18-104. Exemption from jurisdiction of public service commission -- federal pole regulation. Cooperatives and foreign corporations transacting business in this state pursuant to this chapter:
     (1) are exempt in all respects from the jurisdiction and control of the public service commission of this state; and
     (2) if they operate in a rural area described in 35-18-102(6)(d), shall use the formulas provided in pole attachment rules of the federal communications commission or successor formulas with respect to any matters pertaining to rates, terms, or conditions of any pole attachment agreement between themselves and any pole tenant or lessee made after April 28, 2001.

     History: En. Sec. 29, Ch. 172, L. 1939; R.C.M. 1947, 14-529; amd. Sec. 3, Ch. 406, L. 2001.

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