Current through Register Vol. XLI, No. 13, March 29, 2024
2.1. Application of rules.
If hardship results from the application of any rule
contained within these rules, or if unusual difficulty is involved in
immediately complying with any rule, or upon other good cause shown, an
applicant may request that the Commission grant a temporary or permanent
modification, exemption or waiver from its provisions. The Commission will not
consider any application for modification, exemption or waiver in the absence
of a full and complete justification for such action.
2.2. The contact information for the
Commission is:
Public Service Commission of West Virginia
201 Brooks St.
P.O. Box 812
Charleston, WV 25323
Main switchboard telephone 304-340-0300
Main telefax 304-340-0325
Web site: www.psc.state.wv.us
2.3. Formal complaints.
2.3.1. Any telecommunications carrier may
complain to the Commission by petition substantially in the form of Form No. 1
of the Rules of Practice and Procedure of anything done or omitted to be done
by any other telecommunication carrier regarding an application to the Division
of Highways (DOH) to install telecommunication facilities in a DOH trench and a
request by another telecommunications carrier to share such trench.
2.3.2. A formal complaint must state the
names of all parties in full without abbreviation, and the mailing and email
addresses and telephone numbers (if available) of each complainant with the
name, mailing and email addresses, telephone numbers and West Virginia Bar ID
Number of his/her attorney, if any.
2.3.3. A formal complaint shall fully and
completely advise the defendant or defendants and the Commission of the
provision or provisions of the law that have been or will be violated. The
formal complaint shall state each distinct charge concisely in a separate
paragraph. The formal complaint shall state specifically the relief sought. If
the relief sought includes a determination of an allocation of trench sharing
expense, the complaint must present in full the basis for the complainant's
proposed cost allocation. The formal complaint shall include as an attachment
all correspondence exchanged between the complainant and the DOH concerning the
trench(es) at issue, and between the complainant and all defendants concerning
the trench(es) at issue, which do not constitute confidential settlement
material. If the complainant wishes to undertake any discovery in the case, the
complainant must include a discovery request with the complaint.
2.3.4. A formal complaint shall be signed and
sworn to as set forth on Form No. 1 of the Rules of Practice and
Procedure.
2.3.5. Upon the filing
of a formal complaint and the issuance of an order to investigate, the
Commission will require that a copy of the complaint be served on each
defendant, together with a copy of an order requiring each defendant to satisfy
or answer the complaint within five (5) days. Such service shall be by email or
first class mail unless otherwise ordered.
2.3.6. When substantial issues are raised,
the Commission may set a time and place for an evidentiary hearing at the
Commission's offices in the City of Charleston or elsewhere in the State at the
Commission's discretion. If a formal complaint does not present substantial
issues of fact requiring a hearing, the Commission may issue an order on the
merits based on the information contained in the file.
2.3.7. The complainant must in all cases
establish the facts alleged to constitute a violation of the law, unless the
defendant admits the same or fails to answer the complaint.
2.3.8. In case of failure to answer, the
Commission may hear proof of facts as the Commission deems proper and
reasonable, and may investigate and enter an order justified by the facts and
circumstances.