170 IAC 7-7-4 - Complaint
Authority: IC 8-1-1-3
Affected: IC 8-1-2-58; IC 8-1-2-69
Sec. 4.
(a) The
complaint shall contain the following:
(1) A
detailed statement of the facts supporting the complainant's position and
demonstrating that despite good faith efforts, the complainant was unable to
resolve its dispute with the respondent. The statement of facts must be:
(A) supported by testimony or affidavits;
and
(B) made by persons with
personal knowledge of the relevant facts.
(2) A statement of facts specifying each
violation of the commission order or commission approved interconnection
agreement committed by the respondent.
(3) A statement of applicable law, supported
by appropriate citations.
(4) A
statement indicating whether the remedy sought is consistent with the dispute
resolution provisions of any interconnection agreement between the parties or
other commission order, if applicable.
(5) An affirmation that the complainant
provided the written notice required in section 3(a) of this rule.
(6) The name, address, and telephone number
of the complainant's attorney, including local counsel.
(7) A copy of the interconnection agreement
or the portion of the interconnection agreement that the complainant contends
was or is being violated. If a copy of the entire interconnection agreement is
provided, the complainant must specify the provisions at issue. If the
interconnection agreement was adopted as a prior agreement or a portion of a
prior agreement, the complaint must also indicate the provisions adopted in
that agreement.
(b) The
complainant may amend its complaint upon discovery of facts or circumstances
unknown or unavailable to the complainant at the time the complaint was filed.
Upon amendment of a complaint, the procedural schedule shall be adjusted at the
discretion of the presiding officer.
(c) A complaint filed pursuant to this rule
shall be assigned a cause number that corresponds to the interconnection
agreement between the telecommunications carriers followed by the suffix "RD",
and a sequential number to designate each dispute. For example, if the
complaint involves the first dispute over an interconnection agreement that was
approved by the commission in cause number 12345, the cause number for the
dispute will be 12345-RD-01.
Notes
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