§  1.248   Prehearing conferences; hearing conferences.

   (a) The Commission, on its own initiative or at the request of any
   party, may direct the parties or their attorneys to appear at a
   specified time and place for a conference prior to a hearing, or to
   submit suggestions in writing, for the purpose of considering, among
   other things, the matters set forth in paragraph (c) of this section.
   The initial prehearing conference shall be scheduled 30 days after the
   effective date of the order designating a case for hearing, unless good
   cause is shown for scheduling such conference at a later date, except
   that for program carriage complaints filed pursuant to §  76.1302 of
   this chapter that the Chief, Media Bureau refers to an administrative
   law judge for an initial decision, the initial prehearing conference
   shall be held no later than 10 calendar days after the deadline for
   submitting written appearances pursuant to §  1.221(h) or within such
   shorter or longer period as the Commission may allow on motion or
   notice consistent with the public interest.

   (b)(1) The presiding officer (or the Commission or a panel of
   commissioners in a case over which it presides), on his own initiative
   or at the request of any party, may direct the parties or their
   attorneys to appear at a specified time and place for a conference
   prior to or during the course of a hearing, or to submit suggestions in
   writing, for the purpose of considering any of the matters set forth in
   paragraph (c) of this section. The initial prehearing conference shall
   be scheduled 30 days after the effective date of the order designating
   a case for hearing, unless good cause is shown for scheduling such
   conference at a later date, except that for program carriage complaints
   filed pursuant to §  76.1302 of this chapter that the Chief, Media
   Bureau refers to an administrative law judge for an initial decision,
   the initial prehearing conference shall be held no later than 10
   calendar days after the deadline for submitting written appearances
   pursuant to §  1.221(h) or within such shorter or longer period as the
   presiding officer may allow on motion or notice consistent with the
   public interest.

   (2) Except as circumstances otherwise require, the presiding officer
   shall allow a reasonable period prior to commencement of the hearing
   for the orderly completion of all prehearing procedures, including
   discovery, and for the submission and disposition of all prehearing
   motions. Where the circumstances so warrant, the presiding officer
   shall, promptly after the hearing is ordered, call a preliminary
   prehearing conference, to inquire into the use of available procedures
   contemplated by the parties and the time required for their completion,
   to formulate a schedule for their completion, and to set a date for
   commencement of the hearing.

   (c) In conferences held, or in suggestions submitted, pursuant to
   paragraphs (a) and (b) of this section, the following matters, among
   others, may be considered:

   (1) The necessity or desirability of simplification, clarification,
   amplification, or limitation of the issues;

   (2) The admission of facts and of the genuineness of documents (see
   §  1.246), and the possibility of stipulating with respect to facts;

   (3) The procedure at the hearing;

   (4) The limitation of the number of witnesses;

   (5) In cases arising under Title II of the Communications Act, the
   necessity or desirability of amending the pleadings and offers of
   settlement or proposals of adjustment; and

   (6) In cases involving comparative broadcast applications:

   (i) Narrowing the issues or the areas of inquiry and proof at the
   hearing;

   (ii) [Reserved]

   (iii) Reports and letters relating to surveys or contacts;

   (iv) Assumptions regarding the availability of equipment;

   (v) Network programming;

   (vi) Assumptions regarding the availability of networks proposed;

   (vii) Offers of letters in general;

   (viii) The method of handling evidence relating to the past cooperation
   of existing stations owned and/or operated by the applicants with
   organizations in the area;

   (ix) Proof of contracts, agreements, or understandings reduced to
   writing;

   (x) Stipulations;

   (xi) Need for depositions;

   (xii) The numbering of exhibits;

   (xiii) The order or offer of proof with relationship to docket number;

   (xiv) The date for the formal hearing; and

   (xv) Such other matters as may expedite the conduct of the hearing.

   (7) In proceedings in which consent agreements may be negotiated (see
   §  1.93), the parties shall be prepared to state at the initial
   prehearing conference whether they are at that time willing to enter
   negotiations leading to a consent agreement.

   (d) This paragraph applies to broadcast proceedings only.

   (1) At the prehearing conference prescribed by this section, the
   parties to the proceeding shall be prepared to discuss the advisability
   of reducing any or all phases of their affirmative direct cases to
   written form.

   (2) In hearings involving applications for new, improved and changed
   facilities and in comparative hearings involving only applications for
   new facilities, where it appears that it will contribute significantly
   to the disposition of the proceeding for the parties to submit all or
   any portion of their affirmative direct cases in writing, the presiding
   officer may, in his discretion, require them to do so.

   (3) In other broadcast proceedings, where it appears that it will
   contribute significantly to the disposition of the proceeding for the
   parties to submit all or any portion of their affirmative direct cases
   in writing, it is the policy of the Commission to encourage them to do
   so. However, the phase or phases of the proceeding to be submitted in
   writing, the dates for the exchange of the written material, and other
   limitations upon the effect of adopting the written case procedure
   (such as whether material ruled out as incompetent may be restored by
   other competent testimony) is to be left to agreement of the parties as
   approved by the presiding officer.

   (4) In broadcast comparative cases involving applicants for only new
   facilities, oral testimony and cross examination will be permitted only
   where, in the discretion of the presiding judge, material issues of
   decisional fact cannot be resolved without oral evidentiary hearing
   procedures or the public interest otherwise requires oral evidentiary
   proceedings.

   (e) An official transcript of all conferences shall be made.

   (f) The presiding officer may, upon the written request of a party or
   parties, approve the use of a speakerphone as a means of attendance at
   a prehearing conference if such use is found to conduce to the proper
   dispatch of business and the ends of justice.

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  33 FR 463 , Jan. 12, 1968;  36 FR 14133 , July 30, 1971;  37 FR 7507 , Apr. 15, 1972;  41 FR 14873 , Apr.
   8, 1976;  43 FR 33251 , July 31, 1978;  56 FR 793 , Jan. 9, 1991;  76 FR 60672 , Sept. 29, 2011]

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