Goto Section: 1.1409 | 1.1411 | Table of Contents
FCC 1.1410
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.1410 Remedies.
If the Commission determines that the rate, term, or condition complained of
is not just and reasonable, it may prescribe a just and reasonable rate,
term, or condition and may:
(a) If the Commission determines that the rate, term, or condition
complained of is not just and reasonable, it may prescribe a just and
reasonable rate, term, or condition and may:
(1) Terminate the unjust and/or unreasonable rate, term, or condition;
(2) Substitute in the pole attachment agreement the just and reasonable
rate, term, or condition established by the Commission;
(3) Order a refund, or payment, if appropriate. The refund or payment will
normally be the difference between the amount paid under the unjust and/or
unreasonable rate, term, or condition and the amount that would have been
paid under the rate, term, or condition established by the Commission, plus
interest, consistent with the applicable statute of limitations; and
(b) If the Commission determines that access to a pole, duct, conduit, or
right-of-way has been unlawfully denied or delayed, it may order that access
be permitted within a specified time frame and in accordance with specified
rates, terms, and conditions.
(c) Order a refund, or payment, if appropriate. The refund or payment will
normally be the difference between the amount paid under the unjust and/or
unreasonable rate, term, or condition and the amount that would have been
paid under the rate, term, or condition established by the Commission from
the date that the complaint, as acceptable, was filed, plus interest.
[ 44 FR 31650 , June 1, 1979, as amended at 76 FR 26639 , May 9, 2011]
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Goto Section: 1.1409 | 1.1411
Goto Year: 2014 |
2016
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