FCC Web Documents citing 1.1410

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2653A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2653A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2653A1.txt
  • $8.24. Consequently, we find that Respondent's pole attachment rate of $53.35 is not just and reasonable. Accordingly, IT IS ORDERED, pursuant to Sections 0.321 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. § 0.321 and §§ 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to Sections 0.321 and 1.1410 of the Commission's rules, 47 C.F.R. §§ 0.321 and 1.1410, that the annual pole attachment rate of $53.35 IS UNREASONABLE and IS TERMINATED, effective upon the release of this Order. IT IS FURTHER ORDERED, pursuant to Sections 0.321 and 1.1410 of the Commission's rules, 47 C.F.R. §§ 0.321 and 1.1410, that the annual respective rates of $6.56, $7.23 and $8.24
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1733A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1733A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1733A1.txt
  • the issue of whether the $5.03 rate constitutes discrimination in violation of the Pole Attachment Act. 17. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1401-1.1414, that the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 18. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1410, that the annual pole attachment rate of $5.03, effective April 1, 1998, IS UNREASONABLE. 19. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1410, that the annual rate of $4.27 for 1998 for each pole attachment
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3485A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3485A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3485A1.txt
  • that Respondent's actual pole attachment rate of $47.25 is not just and reasonable. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and §§ 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1410, that the annual pole attachment rate of $47.25 IS UNREASONABLE and IS TERMINATED, effective upon the release of this Order. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311 and 1.1410, that the annual respective rates of $7.48,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1555A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1555A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1555A1.txt
  • $38.06 rate and the rates contained in the parties' prior pole attachment agreements. Ordering Clauses Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1410, that the annual pole attachment rate of $38.06 IS UNREASONABLE and IS TERMINATED, effective upon the release of this Order. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1410, that the rates contained in the parties' prior pole
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2613A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2613A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2613A1.txt
  • negotiate based on business needs and industry practice a reasonable termination clause. conclusion and ordering clauses Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, 1.1410, and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1410, 1.1415, that Georgia Power cease and desist from enforcing the New Contract's provisions found by this Order to be unreasonable, and that Georgia Power refund to the Cable Operators, retroactive to the date the Complaint was filed, any amounts paid pursuant to the unreasonable provisions. IT IS FURTHER
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-292A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-292A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-292A1.txt
  • section 224 of the Act. Georgia Power is directed to provide reasonable billing back-up information in the future consistent with the findings in this Order. IV. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, and sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.1410, that the Complaint filed by Knology, Inc. on November 1, 2001, IS GRANTED IN PART, to the extent indicated herein, and otherwise IS DENIED. IT IS FURTHER ORDERED that Georgia Power Company SHALL REFUND to Knology, Inc, within thirty (30) days of the release of this Order $51,662.88. IT IS
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-106A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-106A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-106A1.txt
  • Section 332(c)(1)(B) requires interconnection when the Commissionfinds such action necessary or desirable in the public interest. See 47 U.S.C. § 332(c)(1)(B) (providing that, upon reasonable request of a CMRS provider, the Commission shall order interconnection pursuant to section 201.) There is, again, no mention of the section 251/252 negotiation process. Petition at 10. 47 U.S.C. § 252(a)(1). See Commission rule 1.1410 (``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...[s]ubstitute in the pole attachment agreement the just and reasonable rate, term, or condition established by the Commission.'') 47 C.F.R. § 1.1410. See also Southern Co. Servs. Inc. v. FCC, 313 F.3d
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-187A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-187A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-187A1.txt
  • rights has passed, and that USTelecom may seek recourse before Congress). 47 U.S.C. § 224(b)(1). 47 U.S.C. § 224(a)(4). See 47 U.S.C. § 224(d), (e). See 1998 Implementation Order, 13 FCC Rcd at 6790, para. 34. Gulf Power, 534 U.S. at 336. See TWTC White Paper, RM-11293, at 13-17. See TWTC White Paper, RM-11293, at 17 (citing 47 C.F.R. § 1.1410). See TWTC White Paper, RM-11293, at 14 (citing Local Competition Order, 11 FCC Rcd at 16073, para. 1156). See TWTC White Paper, RM-11293, at 14. See, e.g., Local Competition Order, 11 FCC Rcd at 16103-04, para. 16103; 1998 Implementation Order, 13 FCC Rcd at 6781, para. 5 (``Because, for purposes of Section 224, an ILEC is a utility but is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-84A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-84A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-84A1.txt
  • ``enforc[e] any determinations resulting from complaint procedures'' and to ``take such action as it deems appropriate and necessary, including issuing cease and desist orders . . . .'' In furtherance of these statutory duties, the Commission has adopted procedural rules governing complaints alleging both unreasonable rates, terms, and conditions for pole attachment, and the unlawful denial of pole access. Section 1.1410 of the pole attachment rules lists the remedies available in a complaint proceeding where the Commission determines that a challenged rate, term, or condition is not just and reasonable. In such cases, the Commission may terminate the unjust and unreasonable rate, term, or condition, or substitute a just and reasonable rate, term, or condition established by the Commission. Moreover, rule
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-50A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-50A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-50A1.txt
  • one of those commenters also supported an exception to the rule for parties that are engaged in good-faith negotiations to resolve their dispute. We believe the 30-day rule no longer serves a useful purpose, and is actually counterproductive at times, for the reasons explained in the Further Notice. Any concern about stale complaints is addressed by our modifications of rule 1.1410, which state that remedies must be ``consistent with the applicable statute of limitations.'' We therefore eliminate the portion of rule 1.1404(m) requiring that denial of access complaints be filed within 30 days. Remedies The Further Notice proposed to amend section 1.1410 of the Commission's pole attachment complaint rules to enumerate the remedies available to an attacher that proves a utility
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-325A1.pdf
  • follows: * * * * * Subpart J - Pole Attachment Complaint Procedures 1.1401 Purpose. 1.1402 Definitions. 1.1403 Duty to provide access; modifications; notice of removal, increase or modification; petition for temporary stay. 1.1404 Complaint. 1.1405 File numbers. 1.1406 Dismissal of complaints. 1.1407 Response and reply. 1.1408 Number of copies and form of pleadings. 1.1409 Commission consideration of the complaint. 1.1410 Remedies. 1.1411 Meetings and hearings. 1.1412 Enforcement. 1.1413 Forfeiture. 1.1414 State certification. 1.1415 Other orders. 1.1416 Imputation of rates; modification costs. * * * * * 3. The authority citation for part 1 is revised to read as follows: AUTHORITY: 47 U.S.C. 151, 154, 251, 252, 303, and 309(j) unless otherwise noted. 4. Section 1.1401 is revised to read as
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1733A1.html
  • reach the issue of whether the $5.03 rate constitutes discrimination in violation of the Pole Attachment Act. 17. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1401-1.1414, that the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 18. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1410, that the annual pole attachment rate of $5.03, effective April 1, 1998, IS UNREASONABLE. 19. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1410, that the annual rate of $4.27 for 1998 for each pole attachment IS SUBSTITUTED
• http://transition.fcc.gov/eb/Orders/2002/DA-02-3485A1.html
  • that Respondent's actual pole attachment rate of $47.25 is not just and reasonable. 10. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 11. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1410, that the annual pole attachment rate of $47.25 IS UNREASONABLE and IS TERMINATED, effective upon the release of this Order. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1410, that the annual respective rates of $7.48, $8.16
• http://transition.fcc.gov/eb/Orders/2003/DA-03-1555A1.html
  • and the rates contained in the parties' prior pole attachment agreements. IV. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 2. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, that the annual pole attachment rate of $38.06 IS UNREASONABLE and IS TERMINATED, effective upon the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, that the rates contained in the parties' prior pole attachment
• http://transition.fcc.gov/eb/Orders/2003/DA-03-2613A1.html
  • on business needs and industry practice a reasonable termination clause. III. CONCLUSION AND ORDERING CLAUSES 39. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 40. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, 1.1410, and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, 1.1415, that Georgia Power cease and desist from enforcing the New Contract's provisions found by this Order to be unreasonable, and that Georgia Power refund to the Cable Operators, retroactive to the date the Complaint was filed, any amounts paid pursuant to the unreasonable provisions. 41. IT IS FURTHER
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-292A1.html
  • section 224 of the Act. Georgia Power is directed to provide reasonable billing back-up information in the future consistent with the findings in this Order. IV. ORDERING CLAUSES 63. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, that the Complaint filed by Knology, Inc. on November 1, 2001, IS GRANTED IN PART, to the extent indicated herein, and otherwise IS DENIED. 64. IT IS FURTHER ORDERED that Georgia Power Company SHALL REFUND to Knology, Inc, within thirty (30) days of the release of this Order $51,662.88. 65. IT
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-106A1.html
  • 332(c)(1)(B) requires interconnection when the Commissionfinds such action necessary or desirable in the public interest. See 47 U.S.C. 332(c)(1)(B) (providing that, upon reasonable request of a CMRS provider, the Commission shall order interconnection pursuant to section 201.) There is, again, no mention of the section 251/252 negotiation process. 45 Petition at 10. 46 47 U.S.C. 252(a)(1). 47 See Commission rule 1.1410 (``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...[s]ubstitute in the pole attachment agreement the just and reasonable rate, term, or condition established by the Commission.'') 47 C.F.R. 1.1410. See also Southern Co. Servs. Inc. v. FCC, 313 F.3d 574
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da002119.doc
  • attachment rate of $5.12 per pole, beginning November 30, 1999 through the present, plus interest. . Accordingly, IT IS ORDERED, pursuant to Sections 0.321 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. §§0.321 and §§ 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. . IT IS FURTHER ORDERED, pursuant to Sections 0.321 and 1.1410 of the Commission's rules, 47 C.F.R. §§ 0.321 and 1.1410, that the annual pole attachment rate of $36.00, effective November 30, 1999 through December 31, 1999, IS UNREASONABLE and that the annual pole attachment rate of $37.00, effective January 1, 2000 to the present, IS UNREASONABLE and IS TERMINATED, effective upon the release of this Order. . IT IS FURTHER
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1996/fcc96325.pdf
  • follows: * * * * * Subpart J - Pole Attachment Complaint Procedures 1.1401 Purpose. 1.1402 Definitions. 1.1403 Duty to provide access; modifications; notice of removal, increase or modification; petition for temporary stay. 1.1404 Complaint. 1.1405 File numbers. 1.1406 Dismissal of complaints. 1.1407 Response and reply. 1.1408 Number of copies and form of pleadings. 1.1409 Commission consideration of the complaint. 1.1410 Remedies. 1.1411 Meetings and hearings. 1.1412 Enforcement. 1.1413 Forfeiture. 1.1414 State certification. 1.1415 Other orders. 1.1416 Imputation of rates; modification costs. * * * * * 3. The authority citation for part 1 is revised to read as follows: AUTHORITY: 47 U.S.C. 151, 154, 251, 252, 303, and 309(j) unless otherwise noted. 4. Section 1.1401 is revised to read as
• http://www.fcc.gov/eb/Orders/2002/DA-02-1733A1.html
  • reach the issue of whether the $5.03 rate constitutes discrimination in violation of the Pole Attachment Act. 17. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1401-1.1414, that the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 18. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1410, that the annual pole attachment rate of $5.03, effective April 1, 1998, IS UNREASONABLE. 19. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1410, that the annual rate of $4.27 for 1998 for each pole attachment IS SUBSTITUTED
• http://www.fcc.gov/eb/Orders/2002/DA-02-3485A1.html
  • that Respondent's actual pole attachment rate of $47.25 is not just and reasonable. 10. Accordingly, IT IS ORDERED, pursuant to Sections 0.111, 0.311 and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 11. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1410, that the annual pole attachment rate of $47.25 IS UNREASONABLE and IS TERMINATED, effective upon the release of this Order. 12. IT IS FURTHER ORDERED, pursuant to Sections 0.111, 0.311 and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311 and 1.1410, that the annual respective rates of $7.48, $8.16
• http://www.fcc.gov/eb/Orders/2003/DA-03-1555A1.html
  • and the rates contained in the parties' prior pole attachment agreements. IV. ORDERING CLAUSES 1. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 2. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, that the annual pole attachment rate of $38.06 IS UNREASONABLE and IS TERMINATED, effective upon the release of this Order. 3. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, that the rates contained in the parties' prior pole attachment
• http://www.fcc.gov/eb/Orders/2003/DA-03-2613A1.html
  • on business needs and industry practice a reasonable termination clause. III. CONCLUSION AND ORDERING CLAUSES 39. Accordingly, IT IS ORDERED, pursuant to sections 0.111, 0.311, and 1.1401-1.1418 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1401-1.1418, that the relief requested in the Complaint IS GRANTED TO THE EXTENT INDICATED HEREIN. 40. IT IS FURTHER ORDERED, pursuant to sections 0.111, 0.311, 1.1410, and 1.1415 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, 1.1415, that Georgia Power cease and desist from enforcing the New Contract's provisions found by this Order to be unreasonable, and that Georgia Power refund to the Cable Operators, retroactive to the date the Complaint was filed, any amounts paid pursuant to the unreasonable provisions. 41. IT IS FURTHER
• http://www.fcc.gov/eb/Orders/2003/FCC-03-292A1.html
  • section 224 of the Act. Georgia Power is directed to provide reasonable billing back-up information in the future consistent with the findings in this Order. IV. ORDERING CLAUSES 63. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 224 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, and sections 0.111, 0.311, and 1.1410 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.1410, that the Complaint filed by Knology, Inc. on November 1, 2001, IS GRANTED IN PART, to the extent indicated herein, and otherwise IS DENIED. 64. IT IS FURTHER ORDERED that Georgia Power Company SHALL REFUND to Knology, Inc, within thirty (30) days of the release of this Order $51,662.88. 65. IT
• http://www.fcc.gov/eb/Orders/2004/FCC-04-106A1.html
  • 332(c)(1)(B) requires interconnection when the Commissionfinds such action necessary or desirable in the public interest. See 47 U.S.C. 332(c)(1)(B) (providing that, upon reasonable request of a CMRS provider, the Commission shall order interconnection pursuant to section 201.) There is, again, no mention of the section 251/252 negotiation process. 45 Petition at 10. 46 47 U.S.C. 252(a)(1). 47 See Commission rule 1.1410 (``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...[s]ubstitute in the pole attachment agreement the just and reasonable rate, term, or condition established by the Commission.'') 47 C.F.R. 1.1410. See also Southern Co. Servs. Inc. v. FCC, 313 F.3d 574