Goto Section: 1.1406 | 1.1408 | Table of Contents
Revised as of April 23, 2019
Goto Year:2018 |
§ 1.1407 Remedies.
(a) 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 may:
(1) Terminate the unjust and/or unreasonable rate, term, or condition;
(2) Substitute in the pole attachment agreement the just and reasonable
rate, term, or condition established by the Commission; and/or
(3) Order a refund, or payment, if appropriate. The refund or payment
will normally be the difference between the amount paid under the
unjust and/or unreasonable rate, term, or condition and the amount that
would have been paid under the rate, term, or condition established by
the Commission, plus interest, consistent with the applicable statute
(b) If the Commission determines that access to a pole, duct, conduit,
or right-of-way has been unlawfully denied or delayed, it may order
that access be permitted within a specified time frame and in
accordance with specified rates, terms, and conditions.
[ 83 FR 44841 ,Sept. 4, 2018]
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Goto Section: 1.1406 | 1.1408
Goto Year: 2018 |
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