§ 1.724   Answers.

   (a) Subject to paragraph (k) of this section governing Accelerated Docket
   proceedings, any carrier upon which a copy of a formal complaint is served
   shall answer such complaint in the manner prescribed under this section
   within twenty days of service of the formal complaint by the complainant,
   unless otherwise directed by the Commission.

   (b) The answer shall advise the complainant and the Commission fully and
   completely of the nature of any defense, and shall respond specifically to
   all material allegations of the complaint. Every effort shall be made to
   narrow the issues in the answer. The defendant shall state concisely its
   defense to each claim asserted, admit or deny the averments on which the
   complainant relies, and state in detail the basis for admitting or denying
   such averment. General denials are prohibited. Denials based on information
   and  belief  are  expressly  prohibited  unless made in good faith and
   accompanied by an affidavit explaining the basis for the defendant's belief
   and why the defendant could not reasonably ascertain the facts from the
   complainant or any other source. If the defendant is without knowledge or
   information sufficient to form a belief as to the truth of an averment, the
   defendant  shall  so state and this has the effect of a denial. When a
   defendant  intends in good faith to deny only part of an averment, the
   defendant shall specify so much of it as is true and shall deny only the
   remainder.  The defendant may deny the allegations of the complaint as
   specific denials of either designated averments or paragraphs.

   (c) The answer shall contain proposed findings of fact, conclusions of law,
   and legal analysis relevant to the claims and arguments set forth in the
   answer.

   (d) Averments in a complaint or supplemental complaint filed pursuant to
   § 1.722 are deemed to be admitted when not denied in the answer.

   (e) Affirmative defenses to allegations contained in the complaint shall be
   specifically captioned as such and presented separately from any denials
   made in accordance with paragraph (c) of this section.

   (f) The answer shall include an information designation containing:

   (1) The name, address, and position of each individual believed to have
   firsthand knowledge of the facts alleged with particularity in the answer,
   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 defendant's possession, custody, or control, that are relevant to the
   facts alleged with particularity in the answer. Such description shall
   include for each document:

   (i)  The  date  it  was  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 defendant 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;

   (g)  The answer shall attach copies of all affidavits, documents, data
   compilations and tangible things in the defendant's possession, custody, or
   control, upon which the defendant relies or intends to rely to support the
   facts alleged and legal arguments made in the answer.

   (h) The answer shall contain certification that the defendant has, in good
   faith, discussed or attempted to discuss, the possibility of settlement with
   the  complainant  prior  to  the  filing of the formal complaint. Such
   certification shall include a brief summary of all steps taken to resolve
   the dispute prior to the filing of the formal complaint. If no such steps
   were taken, such certificate shall state the reason(s) why the defendant
   believed such steps would be fruitless;

   (i) Where the complaint is filed pursuant to 47 U.S.C. 271(d)(6)(B), the
   defendant  shall  clearly indicate its willingness to waive the 90-day
   resolution deadline contained within 47 U.S.C. 271(d)(6)(B), in accordance
   with the requirements of § 1.736.

   (j) The defendant may petition the staff, pursuant to § 1.3, for a waiver of
   any of the requirements of this section. Such waiver may be granted for good
   cause shown.

   (k) Accelerated Docket Proceedings. For the purpose of this paragraph (k),
   the term document also shall include data compilations and tangible things.

   (1) Any party named as a defendant in an Accelerated Docket formal complaint
   shall answer such complaint in the manner prescribed under this section
   within ten days of service of the complaint by the complainant, unless
   otherwise directed by the Commission. Except as set forth in this paragraph
   (k),  answers  in Accelerated Docket proceedings shall comply with the
   requirements of this section.

   (2) The requirement in § 1.720(c) and paragraph (g) of this section that
   factual assertions be supported by affidavit shall not apply to answers in
   Accelerated Docket proceedings. Nevertheless, allegations of material fact,
   whether based on personal knowledge or information and belief, that cannot
   be supported by documentation remain subject to the provisions of § 1.52.

   (3) Answers on the Accelerated Docket are not required to include proposed
   findings of fact, conclusions of law, and legal analysis relevant to the
   defenses and arguments set forth in the answer, as required in paragraph (c)
   of this section. Nevertheless, answers on the Accelerated Docket shall fully
   set out the facts and legal theories on which the defendant premises its
   defenses.

   (4) In light of the requirement for staff-supervised settlement negotiations
   required in § 1.730(b), answers on the Accelerated Docket are not required to
   include a certification that the defendant has discussed, or attempted to
   discuss, the possibility of settlement with the complainant, as required in
   paragraph (h) of this section.

   (5) As required in § 1.729(i)(1), answers on the Accelerated Docket shall be
   accompanied, when served on complainants, by copies of documents, within the
   defendant's  possession,  custody  or control, that are likely to bear
   significantly on the issues raised in the proceeding. Unless otherwise
   directed, these documents shall not be filed with the Commission. In light
   of  this  automatic  document  production  requirement, answers on the
   Accelerated Docket are not required to include a description of all relevant
   documents in the defendant's possession, custody or control, as required in
   paragraph (f)(2) of this section.

   (6)  Answers on the Accelerated Docket are not required to provide the
   description, required in paragraph (f)(3) of this section, of the manner in
   which the defendant identified persons with knowledge of, and documents
   relevant to, the dispute.

   (7)  In  Accelerated Docket proceedings, the defendant, as required in
   § 1.729(i)(1),  shall  serve,  contemporaneously  with  its answer, the
   complainant(s) with copies of documents, within the defendant's possession,
   custody or control, that are likely to bear significantly on the issues
   raised in the complaint and/or the answer.

   [ 53 FR 11853 , Apr. 11, 1988, as amended at  58 FR 25572 , Apr. 27, 1993;  63 FR 1037 , Jan. 7, 1998;  63 FR 41446 , Aug. 4, 1998;  66 FR 16617 , Mar. 27, 2001]

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