HB 5266 Summary

• Member-regulated electric cooperatives must provide nondiscriminatory access to poles for video service, broadband, wireless, and telecommunications providers at just and reasonable rates, terms, and conditions.

• Cooperatives may deny pole access only for insufficient capacity or for safety, reliability, or engineering standard reasons; all denials must be made in writing with specific evidence and reasoning within timeframes established by Federal Communications Commission regulations under 47 USC 224.

• Make-ready work costs must be based on actual costs not recovered through annual recurring rates with detailed documentation; costs for facility modifications are shared proportionately among all parties obtaining access or directly benefiting from the modification.

• Disputes over pole attachment rates, terms, and conditions are resolved in Marquette County Circuit Court, Ingham County Circuit Court, or the circuit court where the cooperative's headquarters is located; cooperatives must prove rates comply with federal standards or face liability.

• Courts may prescribe just and reasonable rates, require pole attachment agreements, order pole access, and award refunds up to 2 years of overpayments if rates are found unjust and unreasonable.