§ 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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