FCC Web Documents citing 1.725

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.pdf
  • that the deemed lawful provision does not apply or that the conduct at issue ran afoul of any other statutory provisions. Joint Statement at 9, ¶ 35; McGuire Opening Brief Declaration at 3, ¶ 7. Farmers' Opening Brief at 13. See also Answer at 10; Farmers' Legal Analysis at 1, 11-12. Farmers' Opening Brief at 2, 14. 47 C.F.R. § 1.725 (``Cross-complaints seeking any relief within the jurisdiction of the Commission against any carrier that is a party (complainant or defendant) to that proceeding are expressly prohibited. Any claim that might otherwise meet the requirements of a cross-complaint may be filed as a separate complaint in accordance with §§ 1.720 through 1.736. For purposes of this subpart, the term `cross-complaint' shall
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-419A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-419A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-419A1.txt
  • asserts as a basis for her complaint was granted by the Commission due to ministerial error''). See also Power Final Brief at 16-17; Motion to Dismiss at 2. 47 U.S.C. § 208. Id. at § 208(a). Amended Answer at ¶¶ 37-38; Power Final Brief at 13. Amended Answer at ¶ 45. Power Final Brief at 13. See 47 C.F.R. § 1.725 (defining ``cross complaint'' as including counterclaims; stating that ``[c]ross-complaints seeking any relief within the jurisdiction of the Commision against any carrier that is a party (complainant or defendant) to that proceeding are expressly prohibited. Any claim that might otherwise meet the requirements of a cross-complaint may be filed as a separate complaint ....''). Power Final Brief at 17-18. See Unbelieveable,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-674A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-674A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-674A1.txt
  • requirements of sections 1.724(c), (f), (i), (j), and (k) of the Commission's rules with regard to answers. Finally, we waive the requirements of section 1.735(d) of the Commission's rules to the extent it requires service by hand delivery and permit complainants to serve defendants by overnight mail. All other rules relating to formal complaints apply in their entirety, including sections 1.725-1.736 of the Commission's rules. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. § 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that on
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-53A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-53A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-53A1.txt
  • Pre-wired residence 125 $33.12 0.857 125 $32.79 0.821 Service reconnection 125 $30.30 0.727 125 $30.21 0.675 CableCARD, existing customer 125 $19.72 1.155 125 $19.47 1.157 CableCARD, new customer 125 $22.59 1.507 125 $22.76 1.502 Wireless MVPD subgroup Unwired residence 31 $49.72 1.077 31 $48.52 1.315 Pre-wired residence 31 $31.29 1.481 31 $32.09 1.552 Service reconnection 31 $29.45 1.726 31 $29.49 1.725 CableCARD, existing customer 31 $16.57 3.612 31 $15.94 3.647 CableCARD, new customer 31 $16.57 3.612 31 $15.94 3.647 Low penetration test subgroup Unwired residence 56 $50.18 1.863 56 $49.29 1.864 Pre-wired residence 56 $35.54 1.709 56 $35.05 1.660 Service reconnection 56 $28.79 0.965 56 $28.89 0.954 CableCARD, existing customer 56 $16.34 2.172 56 $13.77 1.612 CableCARD, new customer 56 $17.41
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-279A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-279A1.txt
  • 2000) (citing Small Business in Telecommunications Petition for Reconsideration or Clarification, File Nos. E-98-13 et al. (filed July 21, 2000)). 24 Liability Order, 15 FCC Rcd at 11177, para. 19 n.70. 25 When Metrocall filed its original complaint (January 1998), the formal complaint rules in effect at the time permitted defendants to file counterclaims with their answers. 47 C.F.R. § 1.725 (1997). Our current rules expressly prohibit counterclaims. 47 C.F.R. § 1.725. Federal Communications Commission FCC 01-279 5 reconsideration petition (which Metrocall neither filed nor supported) does not alter the effect of our holding. In any event, we have now denied that petition.26 11. In light of Metrocall's failure to suggest any alternative, we will use, for purposes of this proceeding
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-346A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-346A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-346A1.txt
  • event that the Complaint is not dismissed.'' Bell Atlantic Answer at 13. Thus, because we are denying MCI's complaint, we are also dismissing Bell Atlantic's ``Conditional Cross Complaint.'' We note that the pleadings in this matter were filed under a prior version of our rules. Our existing rules do not allow parties to file cross complaints. See 47 C.F.R. § 1.725 (2000). See MCI Complaint at 6-11; MCI Reply at 2-3, 6-18. See generally Hi-Tech Furnace Sys., Inc. v. FCC, 224 F.3d 781, 787 (D.C. Cir. 2000) (affirming that the burden of proof is on the complainant in proceeding conducted under 47 U.S.C. § 208); Consumer.Net v. AT&T, Order, 15 FCC Rcd 281, 284-85, ¶ 6 (1999) (applying preponderance of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-380A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-380A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-380A1.txt
  • of AT&T's anticompetitive activities on their merits under the antitrust laws. The antitrust laws were cited in the Complaint merely for the purpose of enabling the FCC to consider such laws incidentally as one part of the public interest.''). Complaint at 5-9, ¶¶ 11-20. Our current formal complaint rules prohibit the filing of ``cross-complaints,'' which include counterclaims. 47 C.F.R. § 1.725. The rules that existed in 1994, however, did not. Answer at 14-19, ¶¶ 44-57. 47 U.S.C. § 203(c). Id. Although Graphnet's initial complaint refers to ``Sections 203(a)(c),'' Complaint at 6, ¶ 14, Graphnet's briefs make clear that the alleged violation concerns section 203(c). See Graphnet's Initial Brief at 10-11; Reply Brief of Graphnet, Inc., File No. E-94-41 (filed Oct. 22,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.txt
  • that the deemed lawful provision does not apply or that the conduct at issue ran afoul of any other statutory provisions. Joint Statement at 9, ¶ 35; McGuire Opening Brief Declaration at 3, ¶ 7. Farmers' Opening Brief at 13. See also Answer at 10; Farmers' Legal Analysis at 1, 11-12. Farmers' Opening Brief at 2, 14. 47 C.F.R. § 1.725 (``Cross-complaints seeking any relief within the jurisdiction of the Commission against any carrier that is a party (complainant or defendant) to that proceeding are expressly prohibited. Any claim that might otherwise meet the requirements of a cross-complaint may be filed as a separate complaint in accordance with §§ 1.720 through 1.736. For purposes of this subpart, the term `cross-complaint' shall
• http://transition.fcc.gov/eb/Orders/2001/fcc01279.html http://transition.fcc.gov/eb/Orders/2001/fcc01279.pdf
  • 18, 2000) (citing Small Business in Telecommunications Petition for Reconsideration or Clarification, File Nos. E-98-13 et al. (filed July 21, 2000)). 24 Liability Order, 15 FCC Rcd at 11177, para. 19 n.70. 25 When Metrocall filed its original complaint (January 1998), the formal complaint rules in effect at the time permitted defendants to file counterclaims with their answers. 47 C.F.R. 1.725 (1997). Our current rules expressly prohibit counterclaims. 47 C.F.R. 1.725. 26 See TSR Wireless, Inc. et al. v. U S West Communications, Inc. et al., Order On Petition for Reconsideration, FCC 01-169 (Enf. Bur. rel. May 22, 2001). 27 Metrocall's interconnection-related charges equal the total Pac Bell charges minus the charges considered ``unlawful'' by Metrocall ( $3,478,583.64 - $819,208.44 =
• http://transition.fcc.gov/eb/Orders/2002/FCC-01-380A1.html
  • of AT&T's anticompetitive activities on their merits under the antitrust laws. The antitrust laws were cited in the Complaint merely for the purpose of enabling the FCC to consider such laws incidentally as one part of the public interest.''). 17 Complaint at 5-9, 11-20. 18 Our current formal complaint rules prohibit the filing of ``cross-complaints,'' which include counterclaims. 47 C.F.R. 1.725. The rules that existed in 1994, however, did not. 19 Answer at 14-19, 44-57. 20 47 U.S.C. 203(c). 21 Id. 22 Although Graphnet's initial complaint refers to ``Sections 203(a)(c),'' Complaint at 6, 14, Graphnet's briefs make clear that the alleged violation concerns section 203(c). See Graphnet's Initial Brief at 10-11; Reply Brief of Graphnet, Inc., File No. E-94-41 (filed Oct.
• http://transition.fcc.gov/eb/Orders/2005/DA-05-674A1.html
  • sections 1.724(c), (f), (i), (j), and (k) of the Commission's rules29 with regard to answers. 23. Finally, we waive the requirements of section 1.735(d) of the Commission's rules30 to the extent it requires service by hand delivery and permit complainants to serve defendants by overnight mail. 24. All other rules relating to formal complaints apply in their entirety, including sections 1.725- 1.736 of the Commission's rules.31 IV. ORDERING CLAUSES 25. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that on
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-175A1.html
  • that the deemed lawful provision does not apply or that the conduct at issue ran afoul of any other statutory provisions. Joint Statement at 9, P: 35; McGuire Opening Brief Declaration at 3, P: 7. Farmers' Opening Brief at 13. See also Answer at 10; Farmers' Legal Analysis at 1, 11-12. Farmers' Opening Brief at 2, 14. 47 C.F.R. S: 1.725 ("Cross-complaints seeking any relief within the jurisdiction of the Commission against any carrier that is a party (complainant or defendant) to that proceeding are expressly prohibited. Any claim that might otherwise meet the requirements of a cross-complaint may be filed as a separate complaint in accordance with S:S: 1.720 through 1.736. For purposes of this subpart, the term `cross-complaint' shall
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-f00.pdf
  • 0.9 3.9 34,577,34436.543.7 0.7 7.711.4 Czech Republic $32,398,17630.158.6 2.2 7.5 1.7 $1,448,30053.022.1 0.011.713.1 $410,00885.5 8.6 0.0 5.8 0.1 57,297,68337.037.3 1.913.210.6 Estonia $2,551,96152.931.4 3.4 8.3 4.0 $241,30776.821.3 0.0 0.0 1.8 $1,95025.174.9 0.0 0.0 0.0 4,408,80847.028.0 2.410.112.5 Georgia $3,320,71543.938.2 1.813.3 2.8 $199,66632.827.9 0.032.4 6.9 $130,21743.116.5 0.040.4 0.0 4,912,79540.821.3 0.526.610.8 Hungary $26,351,75146.333.7 3.813.2 3.0 $2,144,45144.931.5 0.023.4 0.2 $1,023,02794.0 2.4 0.0 3.7 0.0 69,836,48349.921.1 1.725.6 1.6 Kazakhstan $7,896,18828.265.6 1.9 4.2 0.1 $309,72826.573.2 0.0 0.0 0.3 $179,68579.819.6 0.0 0.6 0.0 13,296,98745.447.2 1.0 5.7 0.8 Kyrgyzstan $1,211,34680.8 8.8 7.9 1.1 1.4 $5,765 0.0 0.0 0.0 0.0100.0 $19 0.0 0.0 0.0100.0 0.0 1,479,52474.011.5 5.3 1.9 7.3 Latvia $6,979,73818.867.6 3.4 1.6 8.6 $267,00752.138.7 0.0 0.0 9.2 $67690.2 9.8 0.0 0.0 0.0 8,386,17914.946.9 1.9 2.434.0 Lithuania $4,925,69457.8 5.6 6.022.9 7.7
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000419.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000419.txt
  • asserts as a basis for her complaint was granted by the Commission due to ministerial error''). See also Power Final Brief at 16-17; Motion to Dismiss at 2. 47 U.S.C. § 208. Id. at § 208(a). Amended Answer at ¶¶ 37-38; Power Final Brief at 13. Amended Answer at ¶ 45. Power Final Brief at 13. See 47 C.F.R. § 1.725 (defining ``cross complaint'' as including counterclaims; stating that ``[c]ross-complaints seeking any relief within the jurisdiction of the Commision against any carrier that is a party (complainant or defendant) to that proceeding are expressly prohibited. Any claim that might otherwise meet the requirements of a cross-complaint may be filed as a separate complaint ....''). Power Final Brief at 17-18. See Unbelieveable,
• http://www.fcc.gov/eb/Orders/2001/fcc01279.html http://www.fcc.gov/eb/Orders/2001/fcc01279.pdf
  • 18, 2000) (citing Small Business in Telecommunications Petition for Reconsideration or Clarification, File Nos. E-98-13 et al. (filed July 21, 2000)). 24 Liability Order, 15 FCC Rcd at 11177, para. 19 n.70. 25 When Metrocall filed its original complaint (January 1998), the formal complaint rules in effect at the time permitted defendants to file counterclaims with their answers. 47 C.F.R. 1.725 (1997). Our current rules expressly prohibit counterclaims. 47 C.F.R. 1.725. 26 See TSR Wireless, Inc. et al. v. U S West Communications, Inc. et al., Order On Petition for Reconsideration, FCC 01-169 (Enf. Bur. rel. May 22, 2001). 27 Metrocall's interconnection-related charges equal the total Pac Bell charges minus the charges considered ``unlawful'' by Metrocall ( $3,478,583.64 - $819,208.44 =
• http://www.fcc.gov/eb/Orders/2002/FCC-01-380A1.html
  • of AT&T's anticompetitive activities on their merits under the antitrust laws. The antitrust laws were cited in the Complaint merely for the purpose of enabling the FCC to consider such laws incidentally as one part of the public interest.''). 17 Complaint at 5-9, 11-20. 18 Our current formal complaint rules prohibit the filing of ``cross-complaints,'' which include counterclaims. 47 C.F.R. 1.725. The rules that existed in 1994, however, did not. 19 Answer at 14-19, 44-57. 20 47 U.S.C. 203(c). 21 Id. 22 Although Graphnet's initial complaint refers to ``Sections 203(a)(c),'' Complaint at 6, 14, Graphnet's briefs make clear that the alleged violation concerns section 203(c). See Graphnet's Initial Brief at 10-11; Reply Brief of Graphnet, Inc., File No. E-94-41 (filed Oct.
• http://www.fcc.gov/eb/Orders/2005/DA-05-674A1.html
  • sections 1.724(c), (f), (i), (j), and (k) of the Commission's rules29 with regard to answers. 23. Finally, we waive the requirements of section 1.735(d) of the Commission's rules30 to the extent it requires service by hand delivery and permit complainants to serve defendants by overnight mail. 24. All other rules relating to formal complaints apply in their entirety, including sections 1.725- 1.736 of the Commission's rules.31 IV. ORDERING CLAUSES 25. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that on
• http://www.fcc.gov/eb/Orders/2007/FCC-07-175A1.html
  • that the deemed lawful provision does not apply or that the conduct at issue ran afoul of any other statutory provisions. Joint Statement at 9, P: 35; McGuire Opening Brief Declaration at 3, P: 7. Farmers' Opening Brief at 13. See also Answer at 10; Farmers' Legal Analysis at 1, 11-12. Farmers' Opening Brief at 2, 14. 47 C.F.R. S: 1.725 ("Cross-complaints seeking any relief within the jurisdiction of the Commission against any carrier that is a party (complainant or defendant) to that proceeding are expressly prohibited. Any claim that might otherwise meet the requirements of a cross-complaint may be filed as a separate complaint in accordance with S:S: 1.720 through 1.736. For purposes of this subpart, the term `cross-complaint' shall