Goto Section: 1.1403 | 1.1405 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.1404 Pole attachment complaint proceedings.
(a) Pole attachment complaint proceedings shall be governed by the
formal complaint rules in subpart E of this part, § § 1.720-1.740, except
as otherwise provided in this subpart J.
(b) The complaint shall be accompanied by a certification of service on
the named defendant, and each of the Federal, State, and local
governmental agencies that regulate any aspect of the services provided
by the complainant or defendant.
(c) In a case where it is claimed that a rate, term, or condition is
unjust or unreasonable, the complaint shall contain a statement that
the State has not certified to the Commission that it regulates the
rates, terms and conditions for pole attachments. The complaint shall
include a statement that the utility is not owned by any railroad, any
person who is cooperatively organized or any person owned by the
Federal Government or any State.
(d) The complaint shall be accompanied by a copy of the pole attachment
agreement, if any, between the cable television system operator or
telecommunications carrier and the utility. If there is no present pole
attachment agreement, the complaint shall contain:
(1) A statement that the utility uses or controls poles, ducts, or
conduits used or designated, in whole or in part, for wire
(2) A statement that the cable television system operator or
telecommunications carrier currently has attachments on the poles,
ducts, conduits, or rights-of-way.
(e) The complaint shall state with specificity the pole attachment
rate, term or condition which is claimed to be unjust or unreasonable
and provide all data and information supporting such claim. Data and
information supporting the complaint (including all information
necessary for the Commission to apply the rate formulas in § 1.1406
should be based upon historical or original cost methodology, insofar
as possible. Data should be derived from ARMIS, FERC 1, or other
reports filed with state or federal regulatory agencies (identify
source). The complainant shall also specify any other information and
argument relied upon to attempt to establish that a rate, term, or
condition is not just and reasonable.
(f) A utility must supply a cable television system operator or
telecommunications carrier the information required in paragraph (e) of
this section, as applicable, along with the supporting pages from its
ARMIS, FERC Form 1, or other report to a regulatory body, and
calculations made in connection with these figures, within 30 days of
the request by the cable television system operator or
(g) If any of the information and data required in paragraphs (e) and
(f) of this section is not provided to the cable television system
operator or telecommunications carrier by the utility upon reasonable
request, the cable television system operator or telecommunications
carrier shall include a statement indicating the steps taken to obtain
the information from the utility, including the dates of all requests.
No complaint filed by a cable television system operator or
telecommunications carrier shall be dismissed where the utility has
failed to provide the information required under paragraphs (e) and (f)
after such reasonable request.
[ 83 FR 44839 , Sept. 4, 2018]
Goto Section: 1.1403 | 1.1405
Goto Year: 2020 |
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