§ 1.1424   Complaints by incumbent local exchange carriers.

   Link to an amendment published at  83 FR 44842 , September 4, 2018.

   Complaints 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
   rate, term, or condition for a utility pole attachment is not just and
   reasonable shall follow the same complaint procedures specified for
   other pole attachment complaints in this part, as relevant. In
   complaint proceedings where an incumbent local exchange carrier (or an
   association of incumbent local exchange carriers) claims that it 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 for
   purposes of obtaining comparable rates, terms or conditions, the
   incumbent local exchange carrier shall bear the burden of demonstrating
   that it is similarly situated by reference to any relevant evidence,
   including pole attachment agreements. If a respondent declines or
   refuses to provide a complainant with access to agreements or other
   information upon reasonable request, the complainant may seek to obtain
   such access through discovery. Confidential information contained in
   any documents produced may be subject to the terms of an appropriate
   protective order.

   [ 82 FR 61477 , Dec. 28, 2017]

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