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Understanding the Filed-Rate Doctrine: A Key Legal Principle
Definition & Meaning
The filed-rate doctrine is a legal principle that mandates entities regulated by federal law to strictly follow the rates, terms, and conditions they have filed with the appropriate regulatory authority. This means that a regulated entity cannot charge customers a different rate than what is officially documented. For instance, in the telecommunications sector, the Communications Act requires common carriers to file tariffs and prohibits them from deviating from those tariffs.
Table of content
Legal Use & context
The filed-rate doctrine is primarily used in regulatory and administrative law contexts. It is relevant in areas such as telecommunications, utilities, and transportation, where companies must file tariffs with federal or state regulatory bodies. Users may encounter this doctrine when dealing with service agreements, billing disputes, or regulatory compliance. For those looking to manage their legal documents, US Legal Forms offers templates that can help navigate these situations effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A telecommunications company files a tariff with the Federal Communications Commission (FCC) stating that its monthly rate for a specific service is $50. If the company attempts to charge customers $60, it would violate the filed-rate doctrine.
Example 2: A utility company must adhere to the rates it has filed with the state public utility commission. If it tries to charge a higher rate without filing an updated tariff, it would be in breach of the doctrine. (hypothetical example)
Relevant laws & statutes
The filed-rate doctrine is codified in various statutes, including:
The Communications Act of 1934, particularly 47 USCS § 203.
Federal Energy Regulatory Commission regulations for energy utilities.
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
State regulations may impose additional requirements on utility tariffs.
Texas
Texas has specific provisions for energy rates that may differ from federal guidelines.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation involving the filed-rate doctrine, consider the following steps:
Review the tariffs filed by your service provider to understand the applicable rates.
If you believe there has been a violation, document the discrepancies and contact the regulatory authority.
For assistance with legal forms or templates, explore US Legal Forms for user-friendly options.
If the situation is complex or unresolved, consult a legal professional for tailored advice.
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