47 C.F.R. § 1.1404

Pole attachment complaint proceedings

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(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]

Notes of Decisions

Cited in 7 cases, 1986–2017 · leading case: CPS Energy v. Pub. Util. Comm'n, 537 S.W.3d 157 (Tex. App. 2017).

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CPS Energy v. Pub. Util. Comm'n, 537 S.W.3d 157 (Tex. App. 2017). · cites it 4× “See 47 C.F.R. § 1.1404 (g)(1)(x); see also Fee Order, 15 FCC Red.”

Georgia Power Co. v. Teleport Commc'ns Atlanta, Inc., 346 F.3d 1033 (11th Cir. 2003). · cites it 3× “See 47 C.F.R. § 1.1404 (j). As FCC explained, Georgia Power provided none of the underlying data upon which its proffered average number of attachers was based.”

Verizon v. Fed. Commc'ns Comm'n, 770 F.3d 961 (D.C. Cir. 2014). “§ 224 (a)(4), (d)(1), (f)(1); 47 C.F.R. § 1.1404 . 9 . Petitioners legitimately pointed out in their briefing that there was only one pending section 224 complaint because, prior to oral argument, the Commission had not updated its website.”

Texas Power & Light Co. v. Fed. Commc'ns Comm'n & the United States of Am., 784 F.2d 1265 (5th Cir. 1986). “See 47 C.F.R. § 1.1404 (g). 37 . 772 F.2d 1537 (11th Cir.”

Gulf Power Co. v. Fed. Commc'ns Comm'n, 208 F.3d 1263 (11th Cir. 2000). · cites it 4× “See 47 C.F.R. §§ 1.1404 , 1.1409 (1999). If the parties cannot agree to the rent or other terms of an attachment (or if the utility denies access to its poles), the party contending that the rent or other terms are unjust and unreasonable may petition the Commission to settle…”

Gulf Power Co. v. FCC (11th Cir. 2000). “See 47 C.F.R. §§ 1.1404 , 1.1409 (1999). If the parties cannot agree to the rent or other terms of an attachment (or if the utility denies access to its poles), the party contending that the rent or other terms are unjust and unreasonable may petition the Commission to settle…”

— 47 C.F.R. § 1.1404(g)(1) — 1 case

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