§ 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]

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