Goto Section: 1.729 | 1.731 | Table of Contents
FCC 1.730
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 1.730 The Enforcement Bureau's Accelerated Docket.
(a) Parties to formal complaint proceedings against common carriers
within the responsibility of the Enforcement Bureau (see § § 0.111,
0.311, 0.314 of this chapter) may request inclusion on the Bureau's
Accelerated Docket. As set out in § § 1.720 through 1.736, proceedings
on the Accelerated Docket are subject to shorter pleading deadlines and
certain other procedural rules that do not apply to other formal
complaint proceedings before the Enforcement Bureau.
(b) Any party that contemplates filing a formal complaint may submit a
request to the Chief of the Enforcement Bureau's Market Disputes
Resolution Division, either by phone or in writing, seeking inclusion
of its complaint, once filed, on the Accelerated Docket. In appropriate
cases, Commission staff shall schedule and supervise pre-filing
settlement negotiations between the parties to the dispute. If the
parties do not resolve their dispute and the matter is accepted for
handling on the Accelerated Docket, the complainant shall file its
complaint with a letter stating that it has gained admission to the
Accelerated Docket. When it files its complaint, such a complainant
shall also serve a copy of its complaint on the Commission staff that
supervised the pre-filing settlement discussions.
(c) Within five days of receiving service of a complaint, any defendant
in a formal complaint proceeding may submit by facsimile or hand
delivery, to the Chief of the Enforcement Bureau's Market Disputes
Resolution Division, a request seeking inclusion of its proceeding on
the Accelerated Docket. Such a defendant contemporaneously shall
transmit, in the same manner, a copy of its request to all parties to
the proceeding. A defendant submitting such a request shall file and
serve its answer in compliance with the requirements of § 1.724(k),
except that the defendant shall not be required to serve with its
answer the automatic document production required by § § 1.724(k)(7)
and 1.729(i)(1). In proceedings accepted onto the Accelerated Docket at
a defendant's request, the Commission staff will conduct supervised
settlement discussions as appropriate. After accepting such a
proceeding onto the Accelerated Docket, Commission staff will establish
a schedule for the remainder of the proceeding, including the parties'
§ 1.729(i)(1) automatic production of documents.
(d) During the thirty days following the effective date of these rules,
any party to a pending formal complaint proceeding in which an answer
has been filed or is past due may seek admission of the proceeding to
the Accelerated Docket by submitting a request by facsimile or hand
delivery to the Chief of the Enforcement Bureau's Market Disputes
Resolution Division, with facsimile copies to all other parties to the
proceeding by the same mode of transmission. If a pending proceeding is
accepted onto the Accelerated Docket, Commission staff will conduct
supervised settlement discussions if appropriate and establish a
schedule for the remainder of the proceeding, including the parties'
§ 1.729(i)(1) automatic production of documents if necessary.
(e) In determining whether to admit a proceeding onto the Accelerated
Docket, Commission staff may consider factors from the following,
non-exclusive list:
(1) Whether it appears that the parties to the dispute have exhausted
the reasonable opportunities for settlement during the staff-supervised
settlement discussions.
(2) Whether the expedited resolution of a particular dispute or
category of disputes appears likely to advance competition in the
telecommunications market.
(3) Whether the issues in the proceeding appear suited for decision
under the constraints of the Accelerated Docket. This factor may
entail, inter alia, examination of the number of distinct issues raised
in a proceeding, the likely complexity of the necessary discovery, and
whether the complainant bifurcates any damages claims for decision in a
separate proceeding. See § 1.722(b).
(4) Whether the complainant states a claim for violation of the Act, or
Commission rule or order that falls within the Commission's
jurisdiction.
(5) Whether it appears that inclusion of a proceeding on the
Accelerated Docket would be unfair to one party because of an
overwhelming disparity in the parties' resources.
(6) Such other factors as the Commission staff, within its substantial
discretion, may deem appropriate and conducive to the prompt and fair
adjudication of complaint proceedings.
(f) If it appears at any time that a proceeding on the Accelerated
Docket is no longer appropriate for such treatment, Commission staff
may remove the matter from the Accelerated Docket either on its own
motion or at the request of any party.
(g) Minitrials.
(1) In Accelerated Docket proceedings, the Commission may conduct a
minitrial, or hearing-type proceeding, as an alternative to requiring
that parties submit briefs in support of their cases. Minitrials
typically will take place between 40 and 45 days after the filing of
the complaint. A Commission Administrative Law Judge ("ALJ") typically
will preside at the minitrial, administer oaths to witnesses, and time
the parties' presentation of their cases. In consultation with the
Commission staff, the ALJ will rule on objections or procedural issues
that may arise during the course of the minitrial.
(2) Before a minitrial, each party will receive a specific time
allotment in which it may present evidence and make argument during the
minitrial. The ALJ or other Commission staff presiding at the minitrial
will deduct from each party's time allotment any time that the party
spends presenting either evidence or argument during the proceeding.
The presiding official shall have broad discretion in determining any
time penalty or deduction for a party who appears to be intentionally
delaying either the proceeding or the presentation of another party's
case. Within the limits imposed by its time allotment, a party may
present evidence and argument in whatever manner or format it chooses,
provided, however, that the submission of written testimony shall not
be permitted.
(3) Three days before a minitrial, each party to a proceeding shall
serve on all other parties a copy of all exhibits that the party
intends to introduce during the minitrial and a list of all witnesses,
including expert witnesses, that the party may call during the
minitrial. Service of this material shall be accomplished either by
hand or by facsimile transmission. Objections to any exhibits or
proposed witness testimony will be heard before the beginning of the
minitrial.
(4) No party will be permitted to call as a witness in a minitrial, or
otherwise offer evidence from, an individual in that party's employ,
unless the individual appears on the party's information designation
(see § § 1.721(a)(10)(i) or 1.724(f)(1)) with a general description of
the issues on which she will offer evidence. No party will be permitted
to present expert evidence unless the party has complied fully with the
expert-disclosure requirements of § 1.729(i)(4). The Commission may
permit exceptions to the rules in this paragraph (g)(4) for good cause
shown.
(5) Two days before the beginning of the minitrial, parties shall file
proposed findings of fact and conclusions of law. These submissions
shall not exceed 40 pages per party. Within three days after the
conclusion of the minitrial, parties may submit revised proposed
findings of fact and conclusions of law to meet evidence introduced or
arguments raised at the minitrial. These submissions shall not exceed
20 pages per party.
(6) The parties shall arrange for the stenographic transcription of
minitrial proceedings so that transcripts are available and filed with
the Commission no more than three days after the conclusion of the
minitrial. Absent an agreement to the contrary, the cost of the
transcript shall be shared equally between the parties to the
proceeding.
(h) Applications for review of staff decisions issued on delegated
authority in Accelerated Docket proceedings shall comply with the
filing and service requirements in § 1.115(e)(4). In those Accelerated
Docket proceedings which raise issues that may not be decided on
delegated authority (see 47 U.S.C. 155(c)(1); 47 CFR 0.291(d)), the
staff decision issued after the minitrial will be a recommended
decision subject to adoption or modification by the Commission. Any
party to the proceeding that seeks modification of the recommended
decision may do so by filing comments challenging the decision within
15 days of its release by the Commission's Office of Media Relations.
(Compare § 1.4(b)(2).) Opposition comments may be filed within 15 days
of the comments challenging the decision; reply comments may be filed
10 days thereafter and shall be limited to issues raised in the
opposition comments.
(i) If no party files comments challenging the recommended decision,
the Commission will issue its decision adopting or modifying the
recommended decision within 45 days of its release. If parties to the
proceeding file comments to the recommended decision, the Commission
will issue its decision adopting or modifying the recommended decision
within 30 days of the filing of the final comments.
[ 63 FR 41448 , Aug. 4, 1998, as amended at 64 FR 60725 , Nov. 8, 1999]
Goto Section: 1.729 | 1.731
Goto Year: 2010 |
2012
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