§  65.105   Discovery.

   (a) Participants shall file with each rate of return submission copies
   of all information, including studies, financial analysts' reports, and
   any other documents relied upon by participants or their experts in the
   preparation of their submission. Information filed pursuant to this
   paragraph for which protection from disclosure is sought shall be filed
   subject to protective orders which shall be duly granted by the Chief,
   Wireline Competition Bureau, for good cause shown.

   (b) Participants may file written interrogatories and requests for
   documents directed to any rate of return submission and not otherwise
   filed pursuant to §  65.105(a). The permissible scope of examination is
   that participants may be examined upon any matter, not privileged, that
   will demonstrably lead to the production of material, relevant,
   decisionally significant evidence.

   (c) Discovery requests pursuant to §  65.105(b), including written
   interrogatories, shall be filed within 14 calendar days after the
   filing of the rate of return submission to which the request is
   directed. Discovery requests that are not opposed shall be complied
   with within 14 calendar days of the request date.

   (d) Oppositions to discovery requests made pursuant to §  65.105(b),
   including written interrogatories, shall be filed within 7 calendar
   days after requests are filed. The Chief, Wireline Competition Bureau,
   shall rule upon any such opposition. Except as stayed by the Commission
   or a Court, any required response to a discovery request that is
   opposed shall be provided within 14 calendar days after release of the
   ruling of the Chief, Wireline Competition Bureau.

   (e) An original and 4 copies of all information described in
   §  65.105(a) and all requests, oppositions, and responses made pursuant
   to §  65.105 (a), (b) and (d) shall be filed with the Secretary.

   (f) Service of requests, oppositions, and responses made pursuant to
   §  65.105 (b) and (d) shall be made upon all participants who have
   filed a designation of service notice pursuant to §  65.100(b). Service
   of requests upon participants who have filed designation of service
   notices pursuant to §  65.100(b) shall be made by hand on the filing
   dates thereof.

   [ 60 FR 28544 , June 1, 1995, as amended at  67 FR 13229 , Mar. 21, 2002]

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Subpart C--Exchange Carriers

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