§ 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
   communication; and

   (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
   telecommunications carrier.

   (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]

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