Sec. 1.1404  Complaint.

    (a) The complaint shall contain the name and address of the 
complainant, name and address of the respondent, and shall contain a 
verification (in the form in Sec. 1.721(b)), signed by the complainant 
or officer thereof if complainant is a corporation, showing 
complainant's direct interest in the matter complained of. Counsel for 
the complainant may sign the complaint. Complainants may join together 
to file a joint complaint. Complaints filed by associations shall 
specifically identify each utility, cable television system operator, or 
telecommunications carrier who is a party to the complaint and shall be 
accompanied by a document from each identified member certifying that 
the complaint is being filed on its behalf.
    (b) The complaint shall be accompanied by a certification of service 
on the named respondent, and each of the Federal, State, and local 
governmental agencies that regulate any aspect of the services provided 
by the complainant or respondent.
    (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

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cable 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.
    (f) In any case, where it is claimed that a term or condition is 
unjust or unreasonable, the claim shall specify all information and 
argument relied upon to justify said claim.
    (g) In a case where it is claimed that either a rate is unjust or 
unreasonable, or a term or condition is unjust or unreasonable and 
examination of such term or condition requires review of the associated 
rate, the complaint shall provide data and information in support of 
said claim. The data and information shall include, where applicable:
    (1) The gross investment by the utility for pole lines;
    (2) The investment in crossarms and other items which do not reflect 
the cost of owning and maintaining poles, if available;
    (3) The depreciation reserve from the gross pole line investment;
    (4) The depreciation reserve from the investment in crossarms and 
other items which do not reflect the cost of owning and maintaining 
poles, if available;
    (5) The total number of poles: (i) Owned; and (ii) controlled or 
used by the utility.
    If any of these poles are jointly owned, the complaint shall specify 
the number of such jointly owned poles and the percentage of each joint 
pole or the number of equivalent poles owned by the subject utility;
    (6) The total number of poles which are the subject of the 
complaint;
    (7) The number of poles included in paragraph (g)(6) of this section 
that are controlled or used by the utility through lease between the 
utility and other owner(s), and the annual amounts paid by the utility 
for such rental;
    (8) The number of poles included in paragraph (g)(6) of this section 
that are owned by the utility and that are leased to other users by the 
utility, and the annual amounts paid to the utility for such rental;
    (9) The annual carrying charges attributable to the cost of owning a 
pole. These charges may be expressed as a percentage of the net pole 
investment. With its pleading, the utility shall file a copy of the 
latest decision of the state regulatory body or state court which 
determines the treatment of accumulated deferred taxes if it is at issue 
in the proceeding and shall note the section which specifically 
determines the treatment and amount of accumulated deferred taxes.
    (10) The rate of return authorized for the utility for intrastate 
service. With its pleading, the utility shall file a copy of the latest 
decision of the state regulatory body or state court which establishes 
this authorized rate of return if the rate of return is at issue in the 
proceeding and shall note the section which specifically establishes 
this authorized rate and whether the decision is subject to further 
proceedings before the state regulatory body or a court;
    (11) The average amount of usable space per pole for those poles 
used for pole attachments (13.5 feet may be in lieu of actual 
measurement, but may be rebutted);
    (12) Reimbursements received from CATV operators for non-recurring 
costs; and

Data and information should be based upon historical or original cost 
methodology, insofar as possible. Data should be derived from Form M, 
FERC 1, or other reports filed with state or Federal regulatory agencies 
(identify source). Calculations made in connection with these figures 
should be provided to the complainant. Where the attachments involve 
ducts, conduits, or rights of way, in whole or in part, appropriate and 
equivalent data and information should be filed. The complainant shall 
also specify any other information and argument relied upon

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to attempt to establish that a rate, term, or condition is not just and 
reasonable.
    (h) If any of the information required in paragraph (g) of this 
section is not provided to the cable television operator by the utility 
upon reasonable request, the cable television operator shall include a 
statement indicating the steps taken to obtain information from the 
utility, including the dates of all requests. No complaint filed by a 
cable television operator shall be dismissed where the utility has 
failed to provide the information in paragraph (g) of this section after 
such reasonable request. A utility should supply a cable television 
system operator the information required in paragraph (g) of this 
section, along with the supporting pages from its FERC Form 1, FCC Form 
M, or other report to a regulatory body, within 30 days of the request 
by the cable operator. (The cable operator, in turn, shall submit these 
pages with its complaint). If the utility did not supply these pages to 
the cable operator in response to the information request, it shall 
supply this information in its response to the complaint.
    (i) The complaint shall include a brief summary of all steps taken 
to resolve the problem prior to filing. If no such steps were taken, the 
complaint shall state the reason(s) why it believed such steps were 
fruitless.
    (j) Factual allegations shall be supported by affidavit of a person 
or persons with actual knowledge of the facts, and exhibits shall be 
verified by the person who prepares them.
    (k) In a case where a cable television system operator or 
telecommunications carrier claims that it has been denied access to a 
pole, duct, conduit or right-of-way despite a request made pursuant to 
section 47 U.S.C. Sec. 224(f), the complaint shall be filed within 30 
days of such denial. In addition to meeting the other requirements of 
this section, the complaint shall include the data and information 
necessary to support the claim, including:
    (1) The reasons given for the denial of access to the utility's 
poles, ducts, conduits and rights-of-way;
    (2) The basis for the complainant's claim that the denial of access 
is improper;
    (3) The remedy sought by the complainant;
    (4) A copy of the written request to the utility for access to its 
poles, ducts, conduits or rights-of-way; and
    (5) A copy of the utility's response to the written request 
including all information given by the utility to support its denial of 
access. A complaint alleging improper denial of access will not be 
dismissed if the complainant is unable to obtain a utility's written 
response, or if the utility denies the complainant any other information 
needed to establish a prima facie case.
[ 43 FR 36094 , Aug. 15, 1978, as amended at  44 FR 31649 , June 1, 1979;  45 FR 17014 , Mar. 17, 1980;  52 FR 31770 , Aug. 24, 1987;  61 FR 43025 , Aug. 
20, 1996;  61 FR 45619 , Aug. 29, 1996]