§ 1.738   Complaints filed pursuant to 47 U.S.C. 271(d)(6)(B).

   (a) Where a complaint is filed pursuant to 47 U.S.C. 271(d)(6)(B),
   parties shall indicate whether they are willing to waive the 90 day
   resolution deadline contained in 47 U.S.C. 271(d)(6)(B) in the
   following manner:

   (1) The complainant shall so indicate in both the complaint itself and
   in the Formal Complaint Intake Form, and the defendant shall so
   indicate in its answer; or

   (2) The parties shall indicate their agreement to waive the 90 day
   resolution deadline to the Commission staff at the initial status
   conference, to be held in accordance with § 1.733.

   (b) Requests for waiver of the 90 day resolution deadline for
   complaints filed pursuant to 47 U.S.C. 271(d)(6)(B) will not be
   entertained by the Commission staff subsequent to the initial status
   conference, absent a showing by the complainant and defendant that such
   waiver is in the public interest.

   [ 83 FR 44837 , Sept. 4, 2018]

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