(1) |
Proceedings under Subsection 54-8b-2.2(1)(e) shall be conducted in accordance with the following procedure:
Terms Used In Utah Code 54-8b-17- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Commission: means the Public Service Commission. See Utah Code 54-2-1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Division: means the Division of Public Utilities established in Section 54-4a-1. See Utah Code 54-8b-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Federal Telecommunications Act: means the Communications Act of 1934, as amended, and the Federal Telecommunications Act of 1996, Pub. See Utah Code 54-8b-2
- Incumbent telephone corporation: means a telephone corporation, its successors or assigns, which, as of May 1, 1995, held a certificate to provide local exchange services in a defined geographic service territory in the state. See Utah Code 54-8b-2
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Public telecommunications service: means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. See Utah Code 54-8b-2
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Telecommunications corporation: means any corporation or person, and their lessees, trustees, receivers, or trustees appointed by any court, owning, controlling, operating, managing, or reselling a public telecommunications service. See Utah Code 54-8b-2
(a) |
The complaint shall be served upon the defendant telecommunications corporation and filed with the commission. A copy of the complaint shall also be served upon the Division of Public Utilities. |
(b) |
An answer or other responsive pleading to the complaint shall be filed with the commission not more than 10 days after receipt of service of the complaint. Copies of the answer or responsive pleading shall be served on the complainant and the Division of Public Utilities. |
(c) |
A prehearing conference shall be held not later than 10 days after the complaint is filed. |
(d) |
(i) |
The commission shall commence a hearing on the complaint not later than 25 days after the complaint is filed, unless the commission finds that extraordinary conditions exist that warrant postponing the hearing date, in which case the commission shall commence the hearing as soon as practicable. |
(ii) |
Parties shall be entitled to present evidence as provided by the commission’s rules. |
|
(e) |
The commission shall take final action on a complaint not more than 45 days after the complaint is filed unless:
(i) |
the commission finds that extraordinary conditions exist that warrant extending final action, in which case the commission shall take final action as soon as practicable; or |
(ii) |
the parties agree to an extension of final action by the commission. |
|
|