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Federal regulations · Through 2026-08-25 · Newer source version available

47 CFR 1.1407: Remedies.

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Where this section sits in the code
  1. Title 47—Telecommunication
  2. CHAPTER I—FEDERAL COMMUNICATIONS COMMISSION
  3. SUBCHAPTER A—GENERAL
  4. PART 1—PRACTICE AND PROCEDURE
  5. Subpart J—Pole Attachment Complaint Procedures

(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; and/or

(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.

(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.

Collected 2026-08-27T02:26:28Z. Source file · JSON

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