Goto Section: 1.1412 | 1.1414 | Table of Contents
Revised as of October 26, 2020
Goto Year:2020 |
§ 1.1413 Complaints by incumbent local exchange carriers.
(a) A complaint by an incumbent local exchange carrier (as defined in
47 U.S.C. 251(h)) or an association of incumbent local exchange
carriers alleging that it has been denied access to a pole, duct,
conduit, or right-of-way owned or controlled by a local exchange
carrier or that a utility's rate, term, or condition for a pole
attachment is not just and reasonable shall follow the same complaint
procedures specified for other pole attachment complaints in this part.
(b) In complaint proceedings challenging utility pole attachment rates,
terms, and conditions for pole attachment contracts entered into or
renewed after the effective date of this section, there is a
presumption that an incumbent local exchange carrier (or an association
of incumbent local exchange carriers) is similarly situated to an
attacher that is a telecommunications carrier (as defined in 47 U.S.C.
251(a)(5)) or a cable television system providing telecommunications
services for purposes of obtaining comparable rates, terms, or
conditions. In such complaint proceedings challenging pole attachment
rates, there is a presumption that incumbent local exchange carriers
(or an association of incumbent local exchange carriers) may be charged
no higher than the rate determined in accordance with § 1.1406(d)(2). A
utility can rebut either or both of the two presumptions in this
paragraph (b) with clear and convincing evidence that the incumbent
local exchange carrier receives benefits under its pole attachment
agreement with a utility that materially advantages the incumbent local
exchange carrier over other telecommunications carriers or cable
television systems providing telecommunications services on the same
[ 83 FR 46840 , Sept. 14, 2018, as amended at 85 FR 64061 , Oct. 9, 2020]
Goto Section: 1.1412 | 1.1414
Goto Year: 2020 |
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