§ 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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