The formal complaint shall be filed in compliance with the Arkansas Public Service Commission’s Rules of Practice and Procedure, 23 CAR pt. 462, and meet the following requirements:

1. (1) The complaint shall be accompanied by a copy of the pole attachment agreement, if any, between the attaching entity and the pole owner;
2. (2) The complaint shall state with specificity the section(s) of this part, Arkansas Code § 23-4-1001 et seq., or the agreement that is (are) claimed to have been violated;
3. (3) The complaint shall include the data and information necessary to support the claim, including where applicable the data and information necessary to calculate the rate pursuant to Appendix A;
4. (4) No complaint filed by an attaching entity shall be dismissed for failure to provide the information and data required in subdivision (5) of this section if the pole owner has failed to provide such information and data after a reasonable request;

5. (5) In a case where a claimant alleges that it has been denied access to a pole, duct, or conduit despite a written request for such access, the complaint shall include the data and information necessary to support the allegations, including:

   1. (A) The reasons given for the denial of access to the pole owner’s poles, ducts, or conduits;
   2. (B) The basis for the complainant’s allegation that the denial of access is improper;
   3. (C) The remedy sought by the complainant;
   4. (D) A copy of the written request to the pole owner for access to its poles, ducts, or conduits; and

   5. (E)

      1. (i) A copy of the pole owner’s response to the written request, including all information given by the pole owner to support its denial of access.

      2. (ii) A complaint alleging improper denial of access will not be dismissed if the:

         1. (a) (a) Complainant is unable to obtain a pole owner’s written response; or
         2. (b) (b) Pole owner denies the complainant any other information reasonably needed to establish its prima facie case;

6. (6)

   1. (A) The source of data and information required under this section shall be identified.
   2. (B) The complainant shall also specify any other information and argument relied upon to attempt to establish that a rate, term, or condition is not just and reasonable;
7. (7) The complaint shall include a brief summary of all steps taken to informally resolve the problem prior to filing; and

8. (8) If any of the information filed or provided under this section is data that is publicly unavailable and that was provided pursuant to 23 CAR § 458-502(c):

   1. (A) The complainant shall not file or otherwise include such data with the complaint, but the complaint shall generically describe the data;
   2. (B) The complainant shall include a notice to the respondent that the complainant intends to use the data in the complaint proceeding;
   3. (C) If the respondent desires to protect the data from public disclosure, the respondent shall have twenty (20) days from the date of service of the complaint to file a motion for protective order pursuant to the Arkansas Public Service Commission’s Rules of Practice and Procedure, 23 CAR pt. 462; and
   4. (D) If the respondent has not filed a motion for protective order within twenty (20) days from the date of service of the complaint, the complainant shall file the data as a supplement to its complaint.

Codification Notes: This section was promulgated as Rule 5.03 prior to codification in the Code of Arkansas Rules.