Sec. 1.311  General.

    Sections 1.311 through 1.325 provide for taking the deposition of 
any person (including a party), for interrogatories to parties, and for 
orders to parties relating to the production of documents and things and 
for entry upon real property. These procedures may be used for the 
discovery of relevant facts, for the production and preservation of 
evidence for use at the hearing, or for both purposes.
    (a) Applicability. For purposes of discovery, these proecdures may 
be used in any case of adjudication (as defined in the Administrative 
Procedure Act)

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which has been designated for hearing. For the preservation of evidence, 
they may be used in any case which has been designated for hearing and 
is conducted under the provisions of this subpart (see Sec. 1.201).
    (b) Scope of examination. Persons and parties may be examined 
regarding any matter, not privileged, which is relevant to the hearing 
issues, including the existence, description, nature, custody, condition 
and location of any books, documents, or other tangible things and the 
identity and location of persons having knowledge of relevant facts. It 
is not ground for objection to use of these procedures that the 
testimony will be inadmissible at the hearing if the testimony sought 
appears reasonably calculated to lead to the discovery of admissible 
evidence. The use of these procedures against the Commission is subject 
to the following additional limitations:
    (1) The informer's privilege shall encompass information which may 
lead to the disclosure of an informer's identity.
    (2) Commission personnel may not be questioned by deposition for the 
purposes of discovery except on special order of the Commission, but may 
be questioned by written interrogatories under Sec. 1.323. 
Interrogatories shall be served on the appropriate Bureau Chief (see 
Sec. 1.21(b)). They will be answered and signed by those personnel with 
knowledge of the facts. The answers will be served by the Secretary of 
the Commission upon parties to the proceeding.
    (3) Commission records are not subject to discovery under 
Sec. 1.325. The inspection of Commission records is governed by the 
Freedom of Information Act, as amended, and by Secs. 0.451 through 0.467 
of this chapter. Commission employees may be questioned by written 
interrogatories regarding the existence, nature, description, custody, 
condition and location of Commission records, but may not be questioned 
concerning their contents unless the records are available (or are made 
available) for inspection under Secs. 0.451 through 0.467. See 
Sec. 0.451(b)(5) of this chapter.
    (4) Subject to paragraphs (b) (1) through (3) of this section, 
Commission personnel may be questioned generally by written 
interrogatories regarding the existence, description, nature, custody, 
condition and location of relevant documents and things and regarding 
the identity and location of persons having knowledge of relevant facts, 
and may otherwise only be examined regarding facts of the case as to 
which they have direct personal knowledge.
    (c) Schedule for use of the procedures. (1) In comparative broadcast 
proceedings involving applicants for only new facilities, discovery 
commences with the release of the hearing designation order, and, in 
routine cases, the discovery phase of the proceeding will be conducted 
in a manner intended to conclude that portion of the case within 90 days 
of the release of the designation order.
    (2) In all other proceedings, except as provided by special order of 
the presiding officer, discovery may be initiated before or after the 
prehearing conference provided for in Sec. 1.248 of this part.
    (3) In all proceedings, the presiding officer may at any time order 
the parties or their attorneys to appear at a conference to consider the 
proper use of these procedures, the time to be allowed for such use, 
and/or to hear agrument and render a ruling on disputes that arise under 
these rules.
    (d) Who shall act. Actions provided for in Secs. 1.311 through 1.325 
will, in most cases, be taken by the officer designated to preside at 
the hearing (see Sec. 1.241). If the proceeding, or a particular matter 
to which the action relates, is before the Commission, a commissioner or 
panel of commissioners, or the Chief Administrative Law Judge, the 
action will be taken by such officer or body. The term presiding 
officer, as used in Secs. 1.311 through 1.325 shall be understood to 
refer to the appropriate officer or body. See Secs. 0.341, 0.351, 0.365, 
and 1.271 of this chapter.
    (e) Stipulations regarding the taking of depositions. If all of the 
parties so stipulate in writing and if there is no interference to the 
conduct of the proceeding, depositions may be taken before any person, 
at any time (subject to the limitation below) or place, upon any notice 
and in any manner, and when so

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taken may be used like other depositions. An original and one copy of 
the stipulation shall be filed with the Secretary of the Commission, and 
a copy of the stipulation shall be served on the presiding officer, at 
least 3 days before the scheduled taking of the deposition.
[ 33 FR 463 , Jan. 12, 1968, as amended at  40 FR 39509 , Aug. 28, 1975;  47 FR 51873 , Nov. 18, 1982;  56 FR 794 , Jan. 9, 1991;  62 FR 4171 , Jan. 29, 
1997]