Sec. 52.110. BURDEN OF PROOF. (a) In a proceeding before the commission in which it is alleged that a telecommunications utility engaged in conduct in violation of Section 52.107 , 52.108 , 52.109 , or 52.112 , the burden of proof is on: (1) a telecommunications utility complaining of conduct committed against it in violation of this subchapter; or (2) except as provided by Subsection (b), the responding telecommunications utility if the proceedings are: (A) brought by a customer or customer representative who is not a telecommunications utility; or (B) initiated by the commission. (b) The commission may impose the burden of proof on the complaining party in a proceeding described by Subsection (a)(2) if the commission determines that placing the burden of proof on the complaining party is in the public interest.
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