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FCC 1.1424
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.1424 Complaints by incumbent local exchange carriers.
Complaints by an incumbent local exchange carrier (as defined in 47 U.S.C.
251(h)) or an association of incumbent local exchange carriers alleging that
a rate, term, or condition for a pole attachment is not just and reasonable
shall follow the same complaint procedures specified for other pole
attachment complaints in this part, as relevant. In complaint proceedings
where an incumbent local exchange carrier (or an association of incumbent
local exchange carriers) claims that it is similarly situated to an attacher
that is a telecommunications carrier (as defined in 47 U.S.C. 251(a)(5)) or
a cable television system for purposes of obtaining comparable rates, terms
or conditions, the incumbent local exchange carrier shall bear the burden of
demonstrating that it is similarly situated by reference to any relevant
evidence, including pole attachment agreements. If a respondent declines or
refuses to provide a complainant with access to agreements or other
information upon reasonable request, the complainant may seek to obtain such
access through discovery. Confidential information contained in any
documents produced may be subject to the terms of an appropriate protective
order.
[ 76 FR 26641 , May 9, 2011]
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Subpart K—Implementation of the Equal Access to Justice Act (EAJA) in Agency
Proceedings
Authority: Sec. 203(a)(1), Pub. L. 96-481, 94 Stat. 2325 (5 U.S.C.
504(c)(1)).
Source: 47 FR 3786 , Jan. 27, 1982, unless otherwise noted.
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General Provisions
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Goto Section: 1.1422 | 1.1501
Goto Year: 2014 |
2016
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