§ 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]

   return arrow Back to Top