§  1.6008   Determinations.

   (a) In General. Within forty five (45) days after the filing of a
   complaint, the Commission shall issue a final determination in any
   proceeding brought under this subsection. The Commission's final
   determination shall specify the number of violations committed by the
   satellite carrier. The Commission shall hear witnesses only if it
   clearly appears, based on the written filings by the parties, that
   there is a genuine dispute about material facts. Except as provided in
   the preceding sentence, the Commission may issue a final ruling based
   on the written filings by the parties.

   (b) Discovery. The Commission may direct the parties to exchange
   pertinent documents, and if necessary, to take prehearing depositions,
   on such schedule as the Commission may approve, but only if the
   Commission first determines that such discovery is necessary to resolve
   a genuine dispute about material facts, consistent with the obligation
   to make a final determination within forty five (45) days. In this
   connection, the Commission may utilize the discovery or other
   evidentiary procedures set forth in § § 1.311 through 1.364 of the
   Commission's rules.