FCC Web Documents citing 1.1411

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1332A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1332A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1332A1.txt
  • and Amendment of Rules and Policies Governing the Attachment of Cable Television Hardware to Utility Poles, 2 FCC Rcd 4387 (1987). See also, Implementation of Section 703(e) of the Telecommunications Act of 1996, 13 FCC Rcd 6777 (1998) and Amendment of Rules and Policies Governing Pole Attachments, FCC 00-116, 15 FCC Rcd 6453 (2000). 47 C.F.R. §1.1407(a). Id. 47 C.F.R. §1.1411. 47 C.F.R. §1.1409(a). See Amendment of Commission's Rules and Policies Governing Pole Attachments, CS Docket No. 97-98; Implementation of Section 703(e) of the Telecommunications Act of 1996, CS Docket No. 97-151, FCC 01-170 (released May 25, 2001). Alabama Cable Telecommunications Assoc., et al. v. Alabama Power Company, File No. PA 00-003, FCC 01-181 (released May 25, 2001). See Gulf Power
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1339A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1339A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1339A1.txt
  • §§ 0.321 and 1.1401-1.1418, that Respondent's Motion for Extension of Time IS GRANTED TO THE EXTENT INDICATED HEREIN. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief Cable Services Bureau 47 U.S.C. §224. 47 C.F.R. §§1.1401-1.1418. 47 C.F.R. § 1.1407(a). 47 U.S.C. § 224(b)(1) and (2). 47 U.S.C. §224 (b) (1). 47 U.S.C. § 224(b)(1). 47 C.F.R. §1.1407(a). Id. 47 C.F.R. §1.1411. 47 C.F.R. §1.1409(a). 47 C.F.R. § 1.46(a). Federal Communications Commission DA 01-1339 Federal Communications Commission DA 01-1339 ¥ ¦ î ï ð ñ ð ñ „0ý „0ý „0ý „0ý „0ý „0ý „0ý „`ú „0ý
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1340A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1340A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1340A1.txt
  • Commission, the Commission has primary jurisdiction over issues about the reasonableness of rates, terms and conditions concerning pole attachments. See Alabama Cable Telecommunications Assoc., et al. v. Alabama Power Company, File No. PA 00-003, FCC 01-181 at ¶ 18 (released May 25, 2001). 47 U.S.C. § 224(b)(1) and (2). 47 U.S.C. §224 (b) (1). 47 U.S.C. § 224(b)(1). 47 C.F.R. §1.1411. Federal Communications Commission DA 01-1340 Federal Communications Commission DA 01-1340 v Ÿ Ð „0ý „0ý „0ý „0ý „0ý „0ý „0ý „`ú „0ý t t ¿ Å ç è ¹ Ë ç è
• 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
  • FCC Rcd 12103 (2001). We do not agree with Respondent that Gulf Power II precludes our jurisdiction over telecommunications attachments that are also used to provide access the Internet. Response at ¶¶ 45-47. Contra, Reply at 45-46. See Adoption of the Rules for the Regulation of Cable Television Pole Attachments, 68 F.C.C.2d 1585 at ¶ 36 (1978). 47 C.F.R. § 1.1411. Id. See also Bell Tel. Co. v. FCC, 503 F.2d 1250, 1263-68 (3d Cir., 1974) (Commission has broad discretion to employ trial-type hearings or "paper proceedings" to resolve material disputes of fact), cert. denied, 422 U.S. 1026 (1975); SBC Commun. Co. v. FCC, 56 F.3d 1484, 1496-97 (D.C. Cir. 1995) (same). Complaint at Exhibits 4-5; Reply at Exhibit 2. Response,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3048A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3048A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3048A1.txt
  • appropriate. Pursuant to section 1.47(c) of the Commission's rules, the Bureau shall be served with documents in the same manner as other parties. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 224, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 224, 405, and sections 0.111, 0.311, 1.106, and 1.1411 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, 1.106, 1.1411, that Gulf Power's Petition IS GRANTED to the extent indicated in this HDO; IT IS FURTHER ORDERED, that the above-captioned proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the following issue: Whether Gulf Power is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-494A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-494A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-494A1.txt
  • of participation, as appropriate. Pursuant to section 1.47(c) of the Commission's rules, the Bureau shall be served with documents in the same manner as other parties. 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), and 224, and sections 0.111, 0.311, 1.1411, and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1411, and 1.1415, that the above-captioned complaint proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the issues specified in paragraph 18 of this Order; IT IS ORDERED, pursuant to section 224 of the Communications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-494A1_Erratum.doc
  • of participation, as appropriate. Pursuant to section 1.47(c) of the Commission's rules, the Bureau shall be served with documents in the same manner as other parties. 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), and 224, and sections 0.111, 0.311, 1.1411, and 1.1415 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.1411, and 1.1415, that the above-captioned complaint proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the issues specified in paragraph 18 of this Order; IT IS ORDERED, pursuant to section 224 of the Communications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-270A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-270A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-270A1.txt
  • Consolidated Order at ¶ 13. See also, 47 C.F.R. § 1.1404 (k). Teleport also requested the information by letter to GPC at the same time it filed its complaint. See Reply at Exhibit 3. See 47 C.F.R. § 1.1407 (". . . no other filings . . . will be considered unless authorized by the Commission."); and 47 C.F.R. § 1.1411 ("The Commission may decide each complaint upon the filings and information before it, may require one or more informal meetings with the parties to clarify the issues or to consider settlement of the dispute, or may, in its discretion, order evidentiary procedures upon any issues it finds to have been raised by the filings."). See, for example, Texas Utilities Elec.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-173A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-173A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-173A1.txt
  • at 10366, ¶¶ 11-12; Complaint, Pietri Declaration at 1, ¶ 2; Response to Information Request at 1-3. Bureau Order, 12 FCC Rcd at 10371, ¶ 24; Application at 17. Alabama Power, 311 F.3d at 1371; see 47 C.F.R. § 1.1407 (``. . . no other filings . . . will be considered unless authorized by the Commission''); 47 C.F.R. § 1.1411 (``The Commission may decide each complaint upon the filings and information before it, may require one or more informal meetings with the parties to clarify the issues or to consider settlement of the dispute, or may, in its discretion, order evidentiary procedures upon any issues it finds to have been raised by the filings.''). In addition to the Agreement, Marcus
• 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
  • * * 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; and cable operator notice. 1.1404 Complaint. 1.1405 File numbers. 1.1406 Dismissal of complaints. 1.1407 Response and reply. 1.1408 Numbers 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. 1.1417 Allocation of Unusable Space Costs. 1.1418 Use of presumptions in calculating the space factor. 1.1420 Timeline for access to utility poles. 1.1422 Contractors for survey and make-ready. 1.1424 Complaints by incumbent local exchange carriers. * * * Section 1.1401 is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-325A1.pdf
  • * * * * 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 follows: Federal
• http://transition.fcc.gov/eb/Orders/2002/FCC-02-270A1.html
  • 10, 16-21; Consolidated Order at 13. See also, 47 C.F.R. 1.1404 (k). 46 Teleport also requested the information by letter to GPC at the same time it filed its complaint. See Reply at Exhibit 3. 47 See 47 C.F.R. 1.1407 (". . . no other filings . . . will be considered unless authorized by the Commission."); and 47 C.F.R. 1.1411 ("The Commission may decide each complaint upon the filings and information before it, may require one or more informal meetings with the parties to clarify the issues or to consider settlement of the dispute, or may, in its discretion, order evidentiary procedures upon any issues it finds to have been raised by the filings."). 48 See, for example, Texas Utilities
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-173A1.html
  • 12 FCC Rcd at 10366, 11-12; Complaint, Pietri Declaration at 1, 2; Response to Information Request at 1-3. 63 Bureau Order, 12 FCC Rcd at 10371, 24; Application at 17. 64 Alabama Power, 311 F.3d at 1371; see 47 C.F.R. 1.1407 (``. . . no other filings . . . will be considered unless authorized by the Commission''); 47 C.F.R. 1.1411 (``The Commission may decide each complaint upon the filings and information before it, may require one or more informal meetings with the parties to clarify the issues or to consider settlement of the dispute, or may, in its discretion, order evidentiary procedures upon any issues it finds to have been raised by the filings.''). 65 In addition to the Agreement,
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3048A1.html
  • Pursuant to section 1.47(c) of the Commission's rules,27 the Bureau shall be served with documents in the same manner as other parties. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 224, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, 405, and sections 0.111, 0.311, 1.106, and 1.1411 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.106, 1.1411, that Gulf Power's Petition IS GRANTED to the extent indicated in this HDO; 11. IT IS FURTHER ORDERED, that the above-captioned proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the following issue: Whether Gulf Power is
• http://transition.fcc.gov/eb/Orders/2006/DA-06-494A1.html
  • as appropriate. Pursuant to section 1.47(c) of the Commission's rules, the Bureau shall be served with documents in the same manner as other parties. VI. ORDERING CLAUSES 23. 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. SS 151, 154(i), 154(j), and 224, and sections 0.111, 0.311, 1.1411, and 1.1415 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.1411, and 1.1415, that the above-captioned complaint proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the issues specified in paragraph 18 of this Order; 24. IT IS ORDERED, pursuant to section 224 of the
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/da001250.doc
  • 11 FCC Rcd 15499 (1996). 47 C.F.R. § 1.1407. See, for example, In the Matter of Mile Hi Cable Partners, et al. v. Public Aervice Company of Colorado, 14 FCC Rcd 3244 (1999) at ¶ 12. See Adoption of the Rules for the Regulation of Cable Television Pole Attachments, 68 F.C.C. 2d 1585 at ¶ 36 (1978). 47 C.F.R. § 1.1411. Id. Gulf Power, et al. v. FCC and USA, 208 F. 3d 1263 (11th Cir., released April 11, 2000). Implementation of Section 703(e) of the Telecommunications Act of 1996, CS Docket No. 97-151, FCC 98-20, 13 FCC Rcd 6777 (1998). Complaint at ¶ 23. Internet caller identification allows a customer to see who is calling and decide how to handle
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1996/fcc96325.pdf
  • * * * * 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 follows: Federal
• http://www.fcc.gov/eb/Orders/2002/FCC-02-270A1.html
  • 10, 16-21; Consolidated Order at 13. See also, 47 C.F.R. 1.1404 (k). 46 Teleport also requested the information by letter to GPC at the same time it filed its complaint. See Reply at Exhibit 3. 47 See 47 C.F.R. 1.1407 (". . . no other filings . . . will be considered unless authorized by the Commission."); and 47 C.F.R. 1.1411 ("The Commission may decide each complaint upon the filings and information before it, may require one or more informal meetings with the parties to clarify the issues or to consider settlement of the dispute, or may, in its discretion, order evidentiary procedures upon any issues it finds to have been raised by the filings."). 48 See, for example, Texas Utilities
• http://www.fcc.gov/eb/Orders/2003/FCC-03-173A1.html
  • 12 FCC Rcd at 10366, 11-12; Complaint, Pietri Declaration at 1, 2; Response to Information Request at 1-3. 63 Bureau Order, 12 FCC Rcd at 10371, 24; Application at 17. 64 Alabama Power, 311 F.3d at 1371; see 47 C.F.R. 1.1407 (``. . . no other filings . . . will be considered unless authorized by the Commission''); 47 C.F.R. 1.1411 (``The Commission may decide each complaint upon the filings and information before it, may require one or more informal meetings with the parties to clarify the issues or to consider settlement of the dispute, or may, in its discretion, order evidentiary procedures upon any issues it finds to have been raised by the filings.''). 65 In addition to the Agreement,
• http://www.fcc.gov/eb/Orders/2004/DA-04-3048A1.html
  • Pursuant to section 1.47(c) of the Commission's rules,27 the Bureau shall be served with documents in the same manner as other parties. IV. ORDERING CLAUSES 10. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 224, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 224, 405, and sections 0.111, 0.311, 1.106, and 1.1411 of the Commission's rules, 47 C.F.R. 0.111, 0.311, 1.106, 1.1411, that Gulf Power's Petition IS GRANTED to the extent indicated in this HDO; 11. IT IS FURTHER ORDERED, that the above-captioned proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the following issue: Whether Gulf Power is
• http://www.fcc.gov/eb/Orders/2006/DA-06-494A1.html
  • as appropriate. Pursuant to section 1.47(c) of the Commission's rules, the Bureau shall be served with documents in the same manner as other parties. VI. ORDERING CLAUSES 23. 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. SS 151, 154(i), 154(j), and 224, and sections 0.111, 0.311, 1.1411, and 1.1415 of the Commission's rules, 47 C.F.R. SS 0.111, 0.311, and 1.1411, and 1.1415, that the above-captioned complaint proceeding IS DESIGNATED FOR A HEARING before an ALJ, at a time and place to be specified in a subsequent Order, upon the issues specified in paragraph 18 of this Order; 24. IT IS ORDERED, pursuant to section 224 of the
• http://www.fcc.gov/ogc/documents/opinions/2002/00-14763.html
  • Like the first procedural claim, this claim fails because it is based on a generalobservation rather than a real-life injury. The Commission's rules state that "[t]heCommission may decide each complaint upon the filings and information before it. . . or may, in its discretion, order evidentiary procedures upon any issues it findsto have been raised by the filings." 47 C.F.R. 1.1411. APCo must thereforeidentify a material question of fact that warrants a hearing. But its dispute is onlyover the methodology that should be used to calculate the level of justcompensation - an legal issue that hardly warrants an evidentiary hearing since nomaterial facts are disputed. See Mathews v. Eldridge, 424 U.S. 319, 321, 96 S. Ct.893, 896, 47 L. Ed. 2d