1602 COMPLAINTS

1602.1 Complaints relating to the rates, terms and conditions of the use of utility company rights-of-way located within the District of Columbia, including use of existing utility poles and under ground conduits, shall be filed in accordance with and will be governed by the procedures set forth in Chapter 1 of this title as such procedures pertain to processing of formal complaints, except as otherwise provided by this chapter.

1602.2 A complaint may be filed by a cable television franchise, franchisee or by a utility company.

1602.3 The complaint shall be accompanied by a copy of the pole attachment agreement, if any, between the cable television franchisee and the utility company. If there is no present pole attachment agreement, the complaint shall contain the following:

(a) A statement that the utility uses or controls poles, ducts or conduits used or designated, in whole or in part, for wire communication; and

(b) A statement that the cable television operator currently has attachments on some of these poles, ducts or conduits.

1602.4 The complaint shall state with specificity the pole attachment rate, term or condition which is claimed to be unjust or unreasonable and shall specify all information and argument relied upon to justify the claim.

1602.5 In a case where it is claimed that either a rate is unjust or unreasonable, or a term or condition is unjust or unreasonable and examination of the term or condition requires review of the associated rate, the complaint shall provide data and information in support of the claim. The data and information shall include, where applicable, the following information:

(a) The depreciated installed cost of poles in the District of Columbia;

(b) The total number of poles owned and controlled or used by the utility;

(c) The total number of poles which are the subject of the complaint;

(d) The number of poles included in paragraph (c) of this section that are owned by the utility and that are leased to other users by the utility, and the annual share of pole costs allocated to the users (including the complainant), together with the methodology for such allocation; and

(e) The annual carrying charges for the poles owned and controlled or used by the utility.

1602.6 With respect to the data required by §1602.5, this data and information shall be based upon the cost methodology, prescribed by the Commission. Data shall be derived from Form M, FERC 1, or other reports filed with state or federal regulatory agencies (identify source). Calculations made in connection with these figures shall be provided to the complainant.

1602.7 Where the attachments to the data required by §1602.5 involve ducts, conduits, or rights or way, in whole or in part, appropriate and equivalent data and information shall be filed.

1602.8 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.

1602.9 If any of the information required in §1602.5 is not provided to the cable television operator by the utility upon reasonable request, the cable television operator shall include a statement

indicating the steps taken to obtain the information from the utility, including the dates of all requests. No complaint filed by a cable television operator shall be dismissed where the utility has failed to provide the information in §1602.5 after a reasonable request.

1602.10 The complaint shall include a brief summary of all steps taken to resolve the problem prior to filing.

SOURCE: Final Rulemaking published at 31 DCR 6496, 6497 (December 21, 1984).