§ 1.315   Depositions upon oral examination—notice and preliminary procedure.

   (a) Notice. A party to a hearing proceeding desiring to take the deposition
   of any person upon oral examination shall give a minimum of 21 days notice
   in writing to every other party, to the person to be examined, and to the
   presiding officer. An original and three copies of the notice shall be filed
   with the Secretary of the Commission. Related pleadings shall be served and
   filed  in  the  same  manner.  The  notice shall contain the following
   information:

   (1) The name and address of each person to be examined, if known, and if the
   name is not known, a general description sufficient to identify him or the
   particular class or group to which he belongs.

   (2)  The time and place for taking the deposition of each person to be
   examined, and the name or descriptive title and address of the officer
   before whom the deposition is to be taken.

   (3) The matters upon which each person will be examined. See § 1.319.

   (b) Responsive pleadings. (1) Within 7 days after service of the notice to
   take depositions, a motion opposing the taking of depositions may be filed
   by  any  party  to the proceeding or by the person to be examined. See
   § 1.319(a).

   (2)  Within 14 days after service of the notice to take depositions, a
   response  to  the  opposition  motion may be filed by any party to the
   proceeding.

   (3) Additional pleadings should not be filed and will not be considered.

   (4) The computation of time provisions set forth in § 1.4(g) shall not apply
   to pleadings filed under the provisions of this paragraph.

   (c) Protective order. On an opposition motion filed under paragraph (b) of
   this  section, or on his own motion, the presiding officer may issue a
   protective order. See § 1.313. A protective order issued by the presiding
   officer  on his own motion may be issued at any time prior to the date
   specified in the notice for the taking of depositions.

   (d) Authority to take depositions. (1) If an opposition motion is not filed
   within 7 days after service of the notice to take depositions, and if the
   presiding officer does not on his own motion issue a protective order prior
   to the time specified in the notice for the taking of depositions, the
   depositions described in the notice may be taken. An order for the taking of
   depositions is not required.

   (2) If an opposition motion is filed, the depositions described in the
   notice shall not be taken until the presiding officer has acted on that
   motion. If the presiding officer authorizes the taking of depositions, he
   may specify a time, place or officer for taking them different from that
   specified in the notice to take depositions.

   (3) If the presiding officer issues a protective order, the depositions
   described in the notice may be taken (if at all) only in accordance with the
   provisions of that order.

   (e) Broadcast comparative proceedings involving applicants for only new
   facilities. In these cases, the 21-day advance notice provision of paragraph
   (a) of this section shall be inapplicable to depositions of active and
   passive owners of applicants in the proceeding. All applicants in such
   proceedings should be prepared to make their active and passive owners
   available for depositions during the period commencing with the deadline for
   filing notices of appearance and ending 90 days after the release of the
   designation order, if such depositions are requested by a party to the
   proceeding. All such depositions will be conducted in Washington, DC or in
   the community of license of the proposed station, at the deponent's option,
   unless all parties agree to some other location.

   [ 33 FR 10571 , July 25, 1968, as amended at  56 FR 794 , Jan. 9, 1991]

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