Formal complaints shall conform to the requirements of this section. The Board will consider a complaint only after the Legal Department has notified the Board in writing that all administrative attempts to resolve a complaint have failed.
150.2 Who May Complain.
Complaints may be by any person affected by any proposed or effective rate, service regulation, practice, or service which the complainant alleges is in any respect unfair, unreasonable, unjust, or inadequate.
150.3 Procedure Upon Receipt of a Formal Complaint.
The Board, upon receipt of a formal complaint which is in substantial compliance with these procedural rules, shall without a hearing:
- (a) determine whether or not the complaint states a cause of action within the jurisdiction of the Board, and
- (b) determine whether probable cause exists for the complaint.
If the Board determines that a cause of action within the jurisdiction of the Board does not exist or should it determine that probable cause does not exist for the complaint, the Board will advise the complainant by order. A copy of such determination will be mailed to the cable operator. If the Board determines that the complaint states a cause of action within the Board's jurisdiction and that probable cause exists for the complaint, the Board shall cause a copy of the complaint to be served on the cable operator accompanied by a notice from the Board calling upon the cable operator to satisfy the complaint or to answer the same in writing within fifteen (15) days.
- (a) Time. Within ten (10) days of the date of service of the complaint by the Board the cable operator shall respond to the Board with an answer to the complaint. For good cause shown, the Board or Legal Department may require the filing of an answer within a shorter time.
- (b) Contents. The answer shall state in short and plain terms a cable operator's defenses to each claim asserted and shall admit or deny the averments upon which the complainant relies. If the cable operator is without knowledge or information sufficient to form a belief as to the truth of an averment, the answer shall so state and this shall have the effect of a denial.
150.5 Satisfaction of Complaint.
If the cable operator desires to satisfy the complaint, it shall submit to the Board in the answer a statement of the relief which it is willing to give, a copy of which shall be contemporaneously served upon the complainant. Upon acceptance of this offer by the complainant and notice to the Board, the complaint shall be dismissed. If there is a partial settlement of the case with dismissal in part, the complainant may proceed with the remaining issues.
150.6 Notice of Hearing.
- (a) In the event the complaint is not satisfied, the Board or Legal Department may schedule a hearing on the matter and notice the cable operator accordingly.
- (b) If it is determined that the subject matter of the complaint involves a matter of general public interest, the Board or Legal Department may require that notice of the hearing be published in a newspaper of general circulation. Costs of publication shall be borne by the cable operator.