---
kind: "section"
citation: "47 C.F.R. § 1.1413"
title: "47"
number: "1.1413"
heading: "Complaints by incumbent local exchange carriers."
url: "https://uscodex.org/cfr/47/1.1413"
---

# §1.1413. Complaints by incumbent local exchange carriers.

- (a) A complaint by an incumbent local exchange carrier (as defined in [47 U.S.C. 251(h)](/usc/47/251.md?p=h)) or an association of incumbent local exchange carriers alleging that it has been denied access to a pole, duct, conduit, or right-of-way owned or controlled by a local exchange carrier or that a utility's 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.
- (b) In complaint proceedings challenging utility pole attachment rates, terms, and conditions for pole attachment contracts entered into or renewed after the effective date of this section, there is a presumption that an incumbent local exchange carrier (or an association of incumbent local exchange carriers) is similarly situated to an attacher that is a telecommunications carrier (as defined in [47 U.S.C. 251(a)(5)](/usc/47/251.md?p=a-5)) or a cable television system providing telecommunications services for purposes of obtaining comparable rates, terms, or conditions. In such complaint proceedings challenging pole attachment rates, there is a presumption that incumbent local exchange carriers (or an association of incumbent local exchange carriers) may be charged no higher than the rate determined in accordance with [§ 1.1406(d)(2)](/cfr/47/1.1406.md?p=d-2). A utility can rebut either or both of the two presumptions in this [paragraph (b)](#b) with clear and convincing evidence that the incumbent local exchange carrier receives benefits under its pole attachment agreement with a utility that materially advantages the incumbent local exchange carrier over other telecommunications carriers or cable television systems providing telecommunications services on the same poles.

## Notes

### Amendments

[83 FR 46840, Sept. 14, 2018, as amended at 85 FR 64061, Oct. 9, 2020]

### Source

Source: 43 FR 36094, Aug. 15, 1978, unless otherwise noted.

### Authority

Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47 U.S.C. 1754, unless otherwise noted.

### Amendments

[83 FR 46840, Sept. 14, 2018, as amended at 85 FR 64061, Oct. 9, 2020]