Goto Section: 1.323 | 1.331 | Table of Contents
FCC 1.325
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.325 Discovery and production of documents and things for inspection,
copying, or photographing.
(a) A party to a Commission proceeding may request any other party except
the Commission to produce and permit inspection and copying or
photographing, by or on behalf of the requesting party, of any designated
documents, papers, books, accounts, letters, photographs, objects, or
tangible things which constitute or contain evidence within the scope of the
examination permitted by Sec. 1.311(b) of this part and which are in his
possession, custody, or control or to permit entry upon designated land or
other property in his possession or control for purposes of inspecting,
measuring, surveying, or photographing the property or any designated object
or operation thereon within the scope of the examination permitted by
Sec. 1.311(b) of this part.
(1) Such requests need not be filed with the presiding officer, but copies
of the request shall be served on all other parties to the proceeding.
(2) The party against whom the request was made must, within 10 days, comply
with the request or object to the request, claiming a privilege or raising
other proper objections. If the request is not complied with in whole or in
part, the requesting party may file a motion to compel production of
documents or access to property with the presiding officer. A motion to
compel must be accompanied by a copy of the original request and the
responding party's objection or claim of privilege. Motions to compel must
be filed within five business days of the objection or claim of privilege.
(3) In resolving any disputes involving the production of documents or
access to property, the presiding officer may direct that the materials
objected to be presented to him for in camera inspection.
(b) Any party seeking the production of Commission records should proceed
under Sec. 0.460 or Sec. 0.461 of this chapter. See Sec. Sec. 0.451 through 0.467.
(c) In comparative broadcast proceedings involving applicants for only new
facilities, all applicants will serve the materials listed in the Standard
Document Production Order and the Standardized Integration Statement on all
other parties in the case that have filed Notices of Appearance. The
exchange of these materials must be accomplished within five days after the
date established for filing notices of appearance (see Sec. 1.221).
(1) Standard Document Production Order. The following documents must be
produced or objected to on grounds of privilege (Unless otherwise directed
by the presiding officer, copies of these documents should not be filed with
the presiding officer):
(i) All formation and organizational documents, including articles of
incorporation, by laws, partnership agreements, voting rights, proxies, and
any amendments to the foregoing documents;
(ii) All minutes of meetings relating to the application;
(iii) All documents relating to the rights or plans of persons or entities
to purchase an interest in the applicant or of current owners to alineate
their interests;
(iv) All documents relating to pledges, mortgages, security interests, or
other encumbrances of any kind with respect to the applicant;
(v) All bank letters and other financing documents with the dollar amounts
unexpurgated;
(vi) All documents relating to the applicant's proposed transmitter site;
(vii) All documents relating to communications by proposed integrated
principals with respect to their proposed participation in the management of
the station and the disposition of their current employment;
(viii) All documents relating to prior integration pledges made by
principals who propose to be integrated into the management of the station
at issue;
(ix) All documents relating to communications by and between principals of
the applicant concerning the application, including communications between
active and passive principals;
(x) Representative documents relating to enhancement credits and preferences
sought by the applicant's principals for local residence, civic
participation, past broadcast experience, minority/female status, and the
like;
(xi) All documents relating to commitments to divest other media interests;
and
(xii) All documents that identify or describe the principals who are
responsible for completing the application, arranging financing, obtaining
the applicant's transmitter site, publishing the required notices,
establishing the local public inspection file, and retaining lawyers,
engineers, and other professionals.
(2) Standardized Integration Statement. On the same day that documents are
exchanged pursuant to the Standardized Document Production Order, the
following information must also be provided by all applicants (Copies of
this statement should be filed with the presiding officer and served on all
parties to the proceeding that have filed Notices of Appearance):
(i) The ownership structure of the applicant, i.e., whether it is a
partnership, limited partnership, or a corporation (if a corporation,
indicate whether it has voting and non-voting stock);
(ii) The ownership percentage of each owner;
(iii) The identity of the owners who will work at the proposed station, what
titles and duties they will have, how many hours they will work per week,
and how they will reconcile any current business interests or employment
with that commitment to the station;
(iv) All other media interests held by the persons identified under
paragraph (c)(2)(ii), of this section;
(v) Whether the integrated owners will claim credit for minority or female
ownership and if so, specifically on what basis;
(vi) Whether the integrated owners will claim credit for local residence and
civic involvement in the city of license or service area and if so,
specifically on what basis (including a detailed chronology of past
residence and a description of civic activities and their duration);
(vii) Whether the integrated owners will claim credit for previous broadcast
experience and if so, provide a detailed list of the stations they worked
at, the titles and duties they had, and the years in which they were so
employed; and
(viii) Whether the applicant will claim a daytimer preference and if so,
specifically on what basis.
(3) Supplemental document production. Parties may request additional
relevant documents, not called for in the Standard Document Production
Order, at any time after the release of the designation order. Supplemental
requests for documents based on materials exchanged pursuant to the
Standardized Document Production Order and Standardized Integration
Statement must be filed no later than ten days after those standardized
exchanges. Other supplemental document requests must be filed no later than
ten days after receipt of the information on which those requests are based.
Supplemental document requests will be handled under the procedures
established in paragraph (a) of this section. To facilitate the resolution
of disputes concerning the production of documents, the presiding officer
may convene a pre-hearing conference to hear argument on and dispose of any
such disputes.
[ 33 FR 463 , Jan. 12, 1968, as amended at 40 FR 39509 , Aug. 28, 1975; 56 FR 794 , Jan. 9, 1991; 56 FR 25639 , June 5, 1991]
Subpenas
Authority: Sections 1.331 and 1.333 through 1.340 are issued under sec.
409, 48 Stat. 1096; 47 U.S.C. 409.
Goto Section: 1.323 | 1.331
Goto Year: 2007 |
2009
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