Goto Section: 1.729 | 1.731 | Table of Contents
FCC 1.730
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.730 The Enforcement Bureau's Accelerated Docket.
(a) Parties to formal complaint proceedings against common carriers within
the responsibility of the Enforcement Bureau (see § § 0.111, 0.311, 0.314 of
this chapter) may request inclusion on the Bureau's Accelerated Docket. As
set out in § § 1.720 through 1.736, proceedings on the Accelerated Docket are
subject to shorter pleading deadlines and certain other procedural rules
that do not apply to other formal complaint proceedings before the
Enforcement Bureau.
(b) Any party that contemplates filing a formal complaint may submit a
request to the Chief of the Enforcement Bureau's Market Disputes Resolution
Division, either by phone or in writing, seeking inclusion of its complaint,
once filed, on the Accelerated Docket. In appropriate cases, Commission
staff shall schedule and supervise pre-filing settlement negotiations
between the parties to the dispute. If the parties do not resolve their
dispute and the matter is accepted for handling on the Accelerated Docket,
the complainant shall file its complaint with a letter stating that it has
gained admission to the Accelerated Docket. When it files its complaint,
such a complainant shall also serve a copy of its complaint on the
Commission staff that supervised the pre-filing settlement discussions.
(c) Within five days of receiving service of a complaint, any defendant in a
formal complaint proceeding may submit by facsimile or hand delivery, to the
Chief of the Enforcement Bureau's Market Disputes Resolution Division, a
request seeking inclusion of its proceeding on the Accelerated Docket. Such
a defendant contemporaneously shall transmit, in the same manner, a copy of
its request to all parties to the proceeding. A defendant submitting such a
request shall file and serve its answer in compliance with the requirements
of § 1.724(k), except that the defendant shall not be required to serve with
its answer the automatic document production required by § § 1.724(k)(7) and
1.729(i)(1). In proceedings accepted onto the Accelerated Docket at a
defendant's request, the Commission staff will conduct supervised settlement
discussions as appropriate. After accepting such a proceeding onto the
Accelerated Docket, Commission staff will establish a schedule for the
remainder of the proceeding, including the parties' § 1.729(i)(1) automatic
production of documents.
(d) During the thirty days following the effective date of these rules, any
party to a pending formal complaint proceeding in which an answer has been
filed or is past due may seek admission of the proceeding to the Accelerated
Docket by submitting a request by facsimile or hand delivery to the Chief of
the Enforcement Bureau's Market Disputes Resolution Division, with facsimile
copies to all other parties to the proceeding by the same mode of
transmission. If a pending proceeding is accepted onto the Accelerated
Docket, Commission staff will conduct supervised settlement discussions if
appropriate and establish a schedule for the remainder of the proceeding,
including the parties' § 1.729(i)(1) automatic production of documents if
necessary.
(e) In determining whether to admit a proceeding onto the Accelerated
Docket, Commission staff may consider factors from the following,
non-exclusive list:
(1) Whether it appears that the parties to the dispute have exhausted the
reasonable opportunities for settlement during the staff-supervised
settlement discussions.
(2) Whether the expedited resolution of a particular dispute or category of
disputes appears likely to advance competition in the telecommunications
market.
(3) Whether the issues in the proceeding appear suited for decision under
the constraints of the Accelerated Docket. This factor may entail, inter
alia, examination of the number of distinct issues raised in a proceeding,
the likely complexity of the necessary discovery, and whether the
complainant bifurcates any damages claims for decision in a separate
proceeding. See § 1.722(b).
(4) Whether the complainant states a claim for violation of the Act, or
Commission rule or order that falls within the Commission's jurisdiction.
(5) Whether it appears that inclusion of a proceeding on the Accelerated
Docket would be unfair to one party because of an overwhelming disparity in
the parties' resources.
(6) Such other factors as the Commission staff, within its substantial
discretion, may deem appropriate and conducive to the prompt and fair
adjudication of complaint proceedings.
(f) If it appears at any time that a proceeding on the Accelerated Docket is
no longer appropriate for such treatment, Commission staff may remove the
matter from the Accelerated Docket either on its own motion or at the
request of any party.
(g) Minitrials.
(1) In Accelerated Docket proceedings, the Commission may conduct a
minitrial, or hearing-type proceeding, as an alternative to requiring that
parties submit briefs in support of their cases. Minitrials typically will
take place between 40 and 45 days after the filing of the complaint. A
Commission Administrative Law Judge (“ALJ”) typically will preside at the
minitrial, administer oaths to witnesses, and time the parties' presentation
of their cases. In consultation with the Commission staff, the ALJ will rule
on objections or procedural issues that may arise during the course of the
minitrial.
(2) Before a minitrial, each party will receive a specific time allotment in
which it may present evidence and make argument during the minitrial. The
ALJ or other Commission staff presiding at the minitrial will deduct from
each party's time allotment any time that the party spends presenting either
evidence or argument during the proceeding. The presiding official shall
have broad discretion in determining any time penalty or deduction for a
party who appears to be intentionally delaying either the proceeding or the
presentation of another party's case. Within the limits imposed by its time
allotment, a party may present evidence and argument in whatever manner or
format it chooses, provided, however, that the submission of written
testimony shall not be permitted.
(3) Three days before a minitrial, each party to a proceeding shall serve on
all other parties a copy of all exhibits that the party intends to introduce
during the minitrial and a list of all witnesses, including expert
witnesses, that the party may call during the minitrial. Service of this
material shall be accomplished either by hand or by facsimile transmission.
Objections to any exhibits or proposed witness testimony will be heard
before the beginning of the minitrial.
(4) No party will be permitted to call as a witness in a minitrial, or
otherwise offer evidence from, an individual in that party's employ, unless
the individual appears on the party's information designation (see
§ § 1.721(a)(10)(i) or 1.724(f)(1)) with a general description of the issues
on which she will offer evidence. No party will be permitted to present
expert evidence unless the party has complied fully with the
expert-disclosure requirements of § 1.729(i)(4). The Commission may permit
exceptions to the rules in this paragraph (g)(4) for good cause shown.
(5) Two days before the beginning of the minitrial, parties shall file
proposed findings of fact and conclusions of law. These submissions shall
not exceed 40 pages per party. Within three days after the conclusion of the
minitrial, parties may submit revised proposed findings of fact and
conclusions of law to meet evidence introduced or arguments raised at the
minitrial. These submissions shall not exceed 20 pages per party.
(6) The parties shall arrange for the stenographic transcription of
minitrial proceedings so that transcripts are available and filed with the
Commission no more than three days after the conclusion of the minitrial.
Absent an agreement to the contrary, the cost of the transcript shall be
shared equally between the parties to the proceeding.
(h) Applications for review of staff decisions issued on delegated authority
in Accelerated Docket proceedings shall comply with the filing and service
requirements in § 1.115(e)(4). In those Accelerated Docket proceedings which
raise issues that may not be decided on delegated authority (see 47 U.S.C.
155(c)(1); 47 CFR 0.291(d)), the staff decision issued after the minitrial
will be a recommended decision subject to adoption or modification by the
Commission. Any party to the proceeding that seeks modification of the
recommended decision may do so by filing comments challenging the decision
within 15 days of its release by the Commission's Office of Media Relations.
(Compare § 1.4(b)(2).) Opposition comments may be filed within 15 days of the
comments challenging the decision; reply comments may be filed 10 days
thereafter and shall be limited to issues raised in the opposition comments.
(i) If no party files comments challenging the recommended decision, the
Commission will issue its decision adopting or modifying the recommended
decision within 45 days of its release. If parties to the proceeding file
comments to the recommended decision, the Commission will issue its decision
adopting or modifying the recommended decision within 30 days of the filing
of the final comments.
[ 63 FR 41448 , Aug. 4, 1998, as amended at 64 FR 60725 , Nov. 8, 1999]
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Goto Section: 1.729 | 1.731
Goto Year: 2014 |
2016
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