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(2) The particulars that shall be stated on the written complaint are
(a)
the name address and telephone number of the consumer complainant;
(b)
the name of the licensee and/or telecommunication service provider or operator against
which the complaint is made;
(c)
a complete statement of the facts tending to show that such licensee and/or
telecommunication service provider or operator did or omitted to do anything in violation of
the Actor licensee’s or telecommunication service providers or operator’s licence or tariff;
(d)
a letter signed by the complainant indicating that the complainant has attempted to resolve
the matter with the alleged violator, but such efforts have been unsuccessful, together with
the copies of any letters between the parties indicating such efforts along with any other
supporting documentation including factual and legal support for its position and affidavits;
(e)
a statement indicating whether a hearing is requested, and if so, the basis for such request.
If the complainant requests that any hearing be closed to the public, the statement shall
contain a statement setting for the basis for such request;
(f)
a statement indicating whether expedited treatment is requested, along with the basis upon
which such treatment is requested, together with documentation showing the harm that
would result if expedited treatment were not granted; and
(g)
the specific relief sought
(3) The opposing party has 30 days to respond to the application and his or her response shall include (a)
an indication of the position of the opposing party;
(b)
a statement of reasons in support thereof; and
(c)
any statutory or regulatory justification that may exist for its refusal to interconnect.
(4) Notwithstanding the provisions of subrules (I) and (2), the parties may reach an agreement and
withdraw the dispute by submitting the negotiated agreement to the Authority for its approval
Pleadings requirements and limitations
26. (1) A claim, defence or requested remedy including damages, shall be pleaded fully and with specificity
(2) Pleadings shall
(a)
be clear, concise and explicit; and
(b)
contain claims that are supported by relevant documentation or affidavit and are sufficient
to constitute a violation of:
(i)
the Act;
(ii)
an Authority order;
(iii)
a telecommunication service operator’s or provider’s licence or tariff; or
(iv)
a defence to such alleged violation