Goto Section: 1.725 | 1.727 | Table of Contents
FCC 1.726
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 1.726 Replies.
(a) Subject to paragraph (g) of this section governing Accelerated Docket
proceedings, within three days after service of an answer containing
affirmative defenses presented in accordance with the requirements of
Sec. 1.724(e), a complainant may file and serve a reply containing statements of
relevant, material facts and legal arguments that shall be responsive to
only those specific factual allegations and legal arguments made by the
defendant in support of its affirmative defenses. Replies which contain
other allegations or arguments will not be accepted or considered by the
Commission.
(b) Failure to reply to an affirmative defense shall be deemed an admission
of such affirmative defense and of any facts supporting such affirmative
defense that are not specifically contradicted in the complaint.
(c) The reply shall contain proposed findings of fact, conclusions of law,
and legal analysis relevant to the claims and arguments set forth in the
reply.
(d) The reply shall include an information designation containing:
(1) The name, address and position of each individual believed to have
firsthand knowledge about the facts alleged with particularity in the reply,
along with a description of the facts within any such individual's
knowledge.
(2) A description of all documents, data compilations and tangible things in
the complainant's possession, custody, or control that are relevant to the
facts alleged with particularity in the reply. Such description shall
include for each document:
(i) The date prepared, mailed, transmitted, or otherwise disseminated;
(ii) The author, preparer, or other source;
(iii) The recipient(s) or intended recipient(s);
(iv) Its physical location; and
(v) A description of its relevance to the matters in dispute.
(3) A complete description of the manner in which the complainant identified
all persons with information and designated all documents, data compilations
and tangible things as being relevant to the dispute, including, but not
limited to, identifying the individual(s) that conducted the information
search and the criteria used to identify such persons, documents, data
compilations, tangible things, and information;
(e) The reply shall attach copies of all affidavits, documents, data
compilations and tangible things in the complainant's possession, custody,
or control upon which the complainant relies or intends to rely to support
the facts alleged and legal arguments made in the reply.
(f) The complainant may petition the staff, pursuant to Sec. 1.3, for a waiver
of any of the requirements of this section. Such waiver may be granted for
good cause shown.
(g) Accelerated Docket Proceedings. For the purpose of this paragraph (g),
the term document also shall include data compilations and tangible things.
(1) The filing of a separate pleading to reply to affirmative defenses is
not permitted in Accelerated Docket proceedings. Complainants in such
proceedings may include, in the Sec. 1.733(i)(4) pre-status-conference filing,
those statements that otherwise would have been the subject of a reply.
(2) In Accelerated Docket proceedings, the failure to reply, in the
pre-status-conference filing, to an affirmative defense shall be deemed an
admission of such affirmative defense and of any facts supporting such
affirmative defense that are not specifically contradicted in the complaint.
(3) If a complainant replies to an affirmative defense in its Sec. 1.733(i)(4),
pre-status-conference filing, it shall include in that filing the
information, required by paragraph (d)(1) of this section, identifying
individuals with firsthand knowledge of the facts alleged in the reply.
(4) An Accelerated Docket complainant that replies to an affirmative defense
in its Sec. 1.733(i)(4), pre-status-conference filing also shall serve on the
defendant, at the same time as that filing, those documents in the
complainant's possession, custody or control that were not previously
produced to the defendant and that are likely to bear significantly on the
issues raised in the reply. Such a complainant is not required to comply
with the remainder of the requirements in paragraphs (d) and (e) of this
section.
[ 63 FR 1037 , Jan. 7, 1998, as amended at 63 FR 41447 , Aug. 4, 1998; 66 FR 16617 , Mar. 27, 2001]
Goto Section: 1.725 | 1.727
Goto Year: 2007 |
2009
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