Goto Section: 1.246 | 1.249 | Table of Contents
FCC 1.248
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.248 Prehearing conferences; hearing conferences.
(a) The Commission, on its own initiative or at the request of any party,
may direct the parties or their attorneys to appear at a specified time and
place for a conference prior to a hearing, or to submit suggestions in
writing, for the purpose of considering, among other things, the matters set
forth in paragraph (c) of this section. The initial prehearing conference
shall be scheduled 30 days after the effective date of the order designating
a case for hearing, unless good cause is shown for scheduling such
conference at a later date, except that for program carriage complaints
filed pursuant to § 76.1302 of this chapter that the Chief, Media Bureau
refers to an administrative law judge for an initial decision, the initial
prehearing conference shall be held no later than 10 calendar days after the
deadline for submitting written appearances pursuant to § 1.221(h) or within
such shorter or longer period as the Commission may allow on motion or
notice consistent with the public interest.
(b)(1) The presiding officer (or the Commission or a panel of commissioners
in a case over which it presides), on his own initiative or at the request
of any party, may direct the parties or their attorneys to appear at a
specified time and place for a conference prior to or during the course of a
hearing, or to submit suggestions in writing, for the purpose of considering
any of the matters set forth in paragraph (c) of this section. The initial
prehearing conference shall be scheduled 30 days after the effective date of
the order designating a case for hearing, unless good cause is shown for
scheduling such conference at a later date, except that for program carriage
complaints filed pursuant to § 76.1302 of this chapter that the Chief, Media
Bureau refers to an administrative law judge for an initial decision, the
initial prehearing conference shall be held no later than 10 calendar days
after the deadline for submitting written appearances pursuant to § 1.221(h)
or within such shorter or longer period as the presiding officer may allow
on motion or notice consistent with the public interest.
(2) Except as circumstances otherwise require, the presiding officer shall
allow a reasonable period prior to commencement of the hearing for the
orderly completion of all prehearing procedures, including discovery, and
for the submission and disposition of all prehearing motions. Where the
circumstances so warrant, the presiding officer shall, promptly after the
hearing is ordered, call a preliminary prehearing conference, to inquire
into the use of available procedures contemplated by the parties and the
time required for their completion, to formulate a schedule for their
completion, and to set a date for commencement of the hearing.
(c) In conferences held, or in suggestions submitted, pursuant to paragraphs
(a) and (b) of this section, the following matters, among others, may be
considered:
(1) The necessity or desirability of simplification, clarification,
amplification, or limitation of the issues;
(2) The admission of facts and of the genuineness of documents (see § 1.246),
and the possibility of stipulating with respect to facts;
(3) The procedure at the hearing;
(4) The limitation of the number of witnesses;
(5) In cases arising under Title II of the Communications Act, the necessity
or desirability of amending the pleadings and offers of settlement or
proposals of adjustment; and
(6) In cases involving comparative broadcast applications:
(i) Narrowing the issues or the areas of inquiry and proof at the hearing;
(ii) [Reserved]
(iii) Reports and letters relating to surveys or contacts;
(iv) Assumptions regarding the availability of equipment;
(v) Network programming;
(vi) Assumptions regarding the availability of networks proposed;
(vii) Offers of letters in general;
(viii) The method of handling evidence relating to the past cooperation of
existing stations owned and/or operated by the applicants with organizations
in the area;
(ix) Proof of contracts, agreements, or understandings reduced to writing;
(x) Stipulations;
(xi) Need for depositions;
(xii) The numbering of exhibits;
(xiii) The order or offer of proof with relationship to docket number;
(xiv) The date for the formal hearing; and
(xv) Such other matters as may expedite the conduct of the hearing.
(7) In proceedings in which consent agreements may be negotiated (see
§ 1.93), the parties shall be prepared to state at the initial prehearing
conference whether they are at that time willing to enter negotiations
leading to a consent agreement.
(d) This paragraph applies to broadcast proceedings only.
(1) At the prehearing conference prescribed by this section, the parties to
the proceeding shall be prepared to discuss the advisability of reducing any
or all phases of their affirmative direct cases to written form.
(2) In hearings involving applications for new, improved and changed
facilities and in comparative hearings involving only applications for new
facilities, where it appears that it will contribute significantly to the
disposition of the proceeding for the parties to submit all or any portion
of their affirmative direct cases in writing, the presiding officer may, in
his discretion, require them to do so.
(3) In other broadcast proceedings, where it appears that it will contribute
significantly to the disposition of the proceeding for the parties to submit
all or any portion of their affirmative direct cases in writing, it is the
policy of the Commission to encourage them to do so. However, the phase or
phases of the proceeding to be submitted in writing, the dates for the
exchange of the written material, and other limitations upon the effect of
adopting the written case procedure (such as whether material ruled out as
incompetent may be restored by other competent testimony) is to be left to
agreement of the parties as approved by the presiding officer.
(4) In broadcast comparative cases involving applicants for only new
facilities, oral testimony and cross examination will be permitted only
where, in the discretion of the presiding judge, material issues of
decisional fact cannot be resolved without oral evidentiary hearing
procedures or the public interest otherwise requires oral evidentiary
proceedings.
(e) An official transcript of all conferences shall be made.
(f) The presiding officer may, upon the written request of a party or
parties, approve the use of a speakerphone as a means of attendance at a
prehearing conference if such use is found to conduce to the proper dispatch
of business and the ends of justice.
[ 28 FR 12425 , Nov. 22, 1963, as amended at 33 FR 463 , Jan. 12, 1968; 36 FR 14133 , July 30, 1971; 37 FR 7507 , Apr. 15, 1972; 41 FR 14873 , Apr. 8, 1976;
43 FR 33251 , July 31, 1978; 56 FR 793 , Jan. 9, 1991; 76 FR 60672 , Sept. 29,
2011]
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Goto Section: 1.246 | 1.249
Goto Year: 2014 |
2016
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