Sec.  1.277   Exceptions; oral arguments.

   (a) The consolidated supporting brief and exceptions to the initial decision
   (see  Sec. 1.276(a)(2)), including rulings upon motions or objections, shall
   point out with particularity alleged material errors in the decision or
   ruling and shall contain specific references to the page or pages of the
   transcript of hearing, exhibit or order if any on which the exception is
   based. Any objection not saved by exception filed pursuant to this section
   is waived.

   (b) Within the period of time allowed in  Sec. 1.276(a) for the filing of
   exceptions, any party may file a brief in support of an initial decision, in
   whole or in part, which may contain exceptions and which shall be similar in
   form to the brief in support of exceptions (see  Sec. 1.276(a)(2)).

   (c) Except by special permission, the consolidated brief and exceptions will
   not be accepted if the exceptions and argument exceed 25 double-spaced
   typewritten pages in length. (The table of contents and table of citations
   are not counted in the 25 page limit; however, all other contents of and
   attachments to the brief are counted.) Within 10 days, or such other time as
   the Commission or delegated authority may specify, after the time for filing
   exceptions has expired, any other party may file a reply brief, which shall
   not exceed 25 double spaced typewritten pages and shall contain a table of
   contents and a table of citations. If exceptions have been filed, any party
   may request oral argument not later than five days after the time for filing
   replies to the exceptions has expired. The Commission or delegated
   authority, in its discretion, will grant oral argument by order only in
   cases where such oral presentations will assist in the resolution of the
   issues presented. Within five days after release of an order designating an
   initial decision for oral argument, as provided in paragraph (d) of this
   section, any party who wishes to participate in oral argument shall file a
   written notice of intention to appear and participate in oral argument.
   Failure to file a written notice shall constitute a waiver of the
   opportunity to participate.

   (d) Each order scheduling a case for oral argument will contain the
   allotment of time for each party for oral argument before the Commission.
   The Commission will grant, in its discretion, upon good cause shown, an
   extension of such time upon petition by a party, which petition must be
   filed within 5 days after issuance of said order for oral argument.

   (e) Within 10 days after a transcript of oral argument has been filed in the
   office of the Secretary of the Commission, any party who participated in the
   oral argument may file with the Commission a motion requesting correction of
   the transcript, which motion shall be accompanied by proof of service
   thereof upon all other parties who participated in the oral argument. Within
   5 days after the filing of such a motion, other parties may file a pleading
   in support of or in opposition to such motion. Thereafter, the officer who
   presided at the oral argument shall, by order, specify the corrections to be
   made in the transcript, and a copy of the order shall be served upon all
   parties to the proceeding. The officer who presided at the oral argument
   may, on his own initiative, by order, specify corrections to be made in the
   transcript on 5 days notice of the proposed corrections to all parties who
   participated in the oral argument.

   (f) Any commissioner who is not present at oral argument and who is
   otherwise authorized to participate in a final decision may participate in
   making that decision after reading the transcript of oral argument.

   (Sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. 409)

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  41 FR 14873 , Apr. 8, 1976;  41 FR 34259 , Aug. 13, 1976;  44 FR 12426 , Mar. 7, 1979;  56 FR 793 , Jan. 9, 1991;  62 FR 4171 , Jan. 29, 1997]