1604 DISMISSAL OF COMPLAINTS

1604.1 A complaint against a utility shall be dismissed if the utility does not use or control poles, ducts, or conduits used or designated, in whole or in part, for wire communication.

1604.2 If the complaint does not contain substantially all the information required under § 1602, the Commission may dismiss the complaint or may require the complainant to file additional information. The complaint shall not be dismissed if the information is not available from public records or from the respondent utility after reasonable request.

1604.3 Failure by the complainant to respond adequately to a Commission request for additional information shall be cause for dismissal.

1604.4 Dismissal under provisions of §1604.2 shall be with prejudice if the complaint has been dismissed previously. The complaint may be refiled no less than six (6) months from the date it was dismissed.

SOURCE: Final Rulemaking published at 31 DCR 6496, 6499 (December 21, 1984).