§  1.1406   Dismissal of complaints.

   (a) The complaint shall be dismissed for lack of jurisdiction in any
   case where a suitable certificate has been filed by a State pursuant to
   §  1.1414 of this subpart. Such certificate shall be conclusive proof of
   lack of jurisdiction of this Commission. A complaint against a utility
   shall also be dismissed if the utility does not use or control poles,
   ducts, or conduits used or designated, in whole or in part, for wire
   communication or if the utility does not meet the criteria of
   §  1.1402(a) of this subpart.

   (b) If the complaint does not contain substantially all the information
   required under §  1.1404 the Commission may dismiss the complaint or may
   require the complainant to file additional information. The complaint
   shall not be dismissed if the information is not available from public
   records or from the respondent utility after reasonable request.

   (c) Failure by the complainant to respond to official correspondence or
   a request for additional information will be cause for dismissal.

   (d) Dismissal under provisions of paragraph (b) of this section above
   will be with prejudice if the complaint has been dismissed previously.
   Such a complaint may be refiled no earlier than six months from the
   date it was so dismissed.

   [ 43 FR 36094 , Aug. 15, 1978, as amended at  44 FR 31650 , June 1, 1979]

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