Goto Section: 1.726 | 1.728 | Table of Contents

FCC 1.727
Revised as of October 1, 2007
Goto Year:2006 | 2008
Sec.  1.727   Motions.

   (a) A request to the Commission for an order shall be by written motion,
   stating with particularity the grounds and authority therefor, and setting
   forth the relief or order sought.

   (b) All dispositive motions shall contain proposed findings of fact and
   conclusions of law, with supporting legal analysis, relevant to the contents
   of the pleading. Motions to compel discovery must contain a certification by
   the moving party that a good faith attempt to resolve the dispute was made
   prior  to  filing the motion. All facts relied upon in motions must be
   supported by documentation or affidavits pursuant to the requirements of
    Sec. 1.720(c), except for those facts of which official notice may be taken.

   (c) The moving party shall provide a proposed order for adoption, which
   appropriately incorporates the basis therefor, including proposed findings
   of fact and conclusions of law relevant to the pleading. The proposed order
   shall be clearly marked as a “Proposed Order.” The proposed order shall be
   submitted both as a hard copy and on computer disk in accordance with the
   requirements of  Sec. 1.734(d). Where appropriate, the proposed order format
   should conform to that of a reported FCC order.

   (d) Oppositions to any motion shall be accompanied by a proposed order for
   adoption, which appropriately incorporates the basis therefor, including
   proposed findings of fact and conclusions of law relevant to the pleading.
   The proposed order shall be clearly captioned as a “Proposed Order.” The
   proposed order shall be submitted both as a hard copy and on computer disk
   in accordance with the requirements of  Sec. 1.734(d). Where appropriate, the
   proposed order format should conform to that of a reported FCC order.

   (e) Oppositions to motions may be filed and served within five business days
   after the motion is filed and served and not after. Oppositions shall be
   limited to the specific issues and allegations contained in such motion;
   when a motion is incorporated in an answer to a complaint, the opposition to
   such motion shall not address any issues presented in the answer that are
   not also specifically raised in the motion. Failure to oppose any motion may
   constitute grounds for granting of the motion.

   (f) No reply may be filed to an opposition to a motion.

   (g) Motions seeking an order that the allegations in the complaint be made
   more definite and certain are prohibited.

   (h) Amendments or supplements to complaints to add new claims or requests
   for  relief  are prohibited. Parties are responsible, however, for the
   continuing accuracy and completeness of all information and supporting
   authority furnished in a pending complaint proceeding as required under
    Sec. 1.720(g).

   [ 53 FR 11854 , Apr. 11, 1988, as amended at  58 FR 25572 , Apr. 27, 1993;  63 FR 1036 , Jan. 7, 1998;  63 FR 41447 , Aug. 4, 1998]


Goto Section: 1.726 | 1.728

Goto Year: 2006 | 2008
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