Goto Section: 1.1409 | 1.1411 | Table of Contents
FCC 1.1410
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 1.1410 Remedies.
If the Commission determines that the rate, term, or condition
complained of is not just and reasonable, it may prescribe a just and
reasonable rate, term, or condition and may:
(a) If the Commission determines that the rate, term, or condition
complained of is not just and reasonable, it may prescribe a just and
reasonable rate, term, or condition and may:
(1) Terminate the unjust and/or unreasonable rate, term, or condition;
(2) Substitute in the pole attachment agreement the just and reasonable
rate, term, or condition established by the Commission;
(3) Order a refund, or payment, if appropriate. The refund or payment
will normally be the difference between the amount paid under the
unjust and/or unreasonable rate, term, or condition and the amount that
would have been paid under the rate, term, or condition established by
the Commission, plus interest, consistent with the applicable statute
of limitations; and
(b) If the Commission determines that access to a pole, duct, conduit,
or right-of-way has been unlawfully denied or delayed, it may order
that access be permitted within a specified time frame and in
accordance with specified rates, terms, and conditions.
(c) Order a refund, or payment, if appropriate. The refund or payment
will normally be the difference between the amount paid under the
unjust and/or unreasonable rate, term, or condition and the amount that
would have been paid under the rate, term, or condition established by
the Commission from the date that the complaint, as acceptable, was
filed, plus interest.
[ 44 FR 31650 , June 1, 1979, as amended at 76 FR 26639 , May 9, 2011]
Goto Section: 1.1409 | 1.1411
Goto Year: 2010 |
2012
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