§ 1.1424   Complaints by incumbent local exchange carriers.

   Complaints by an incumbent local exchange carrier (as defined in 47 U.S.C.
   251(h)) or an association of incumbent local exchange carriers alleging that
   a rate, term, or condition for a pole attachment is not just and reasonable
   shall  follow  the  same complaint procedures specified for other pole
   attachment complaints in this part, as relevant. In complaint proceedings
   where an incumbent local exchange carrier (or an association of incumbent
   local exchange carriers) claims that it is similarly situated to an attacher
   that is a telecommunications carrier (as defined in 47 U.S.C. 251(a)(5)) or
   a cable television system for purposes of obtaining comparable rates, terms
   or conditions, the incumbent local exchange carrier shall bear the burden of
   demonstrating that it is similarly situated by reference to any relevant
   evidence, including pole attachment agreements. If a respondent declines or
   refuses  to  provide  a complainant with access to agreements or other
   information upon reasonable request, the complainant may seek to obtain such
   access  through  discovery.  Confidential information contained in any
   documents produced may be subject to the terms of an appropriate protective
   order.

   [ 76 FR 26641 , May 9, 2011]

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Subpart K—Implementation of the Equal Access to Justice Act (EAJA) in Agency
Proceedings

   Authority:  Sec.  203(a)(1),  Pub.  L. 96-481, 94 Stat. 2325 (5 U.S.C.
   504(c)(1)).

   Source:  47 FR 3786 , Jan. 27, 1982, unless otherwise noted.

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General Provisions

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