Goto Section: 14.48 | 14.50 | Table of Contents
FCC 14.49
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 14.49 Other required written submissions.
(a) The Commission may, in its discretion, or upon a party's motion showing
good cause, require the parties to file briefs summarizing the facts and
issues presented in the pleadings and other record evidence.
(b) Unless otherwise directed by the Commission, all briefs shall include
all legal and factual claims and defenses previously set forth in the
complaint, answer, or any other pleading submitted in the proceeding. Claims
and defenses previously made but not reflected in the briefs will be deemed
abandoned. The Commission may, in its discretion, limit the scope of any
briefs to certain subjects or issues. A party shall attach to its brief
copies of all documents, data compilations, tangible things, and affidavits
upon which such party relies or intends to rely to support the facts alleged
and legal arguments made in its brief and such brief shall contain a full
explanation of how each attachment is relevant to the issues and matters in
dispute. All such attachments to a brief shall be documents, data
compilations or tangible things, or affidavits made by persons, that were
identified by any party in its information designations filed pursuant to
§ § 14.39(a)(10)(i), (a)(10)(ii), 14.27(f)(1), (f)(2), and 14.44(d)(1), (d)(2)
of this subpart. Any other supporting documentation or affidavits that are
attached to a brief must be accompanied by a full explanation of the
relevance of such materials and why such materials were not identified in
the information designations. These briefs shall contain the proposed
findings of fact and conclusions of law which the filing party is urging the
Commission to adopt, with specific citation to the record, and supporting
relevant authority and analysis.
(c) In cases in which discovery is not conducted, absent an order by the
Commission that briefs be filed, parties may not submit briefs. If the
Commission does authorize the filing of briefs in cases in which discovery
is not conducted, briefs shall be filed concurrently by both the complainant
and defendant at such time as designated by the Commission staff and in
accordance with the provisions of this section.
(d) In cases in which discovery is conducted, briefs shall be filed
concurrently by both the complainant and defendant at such time designated
by the Commission staff.
(e) Briefs containing information which is claimed by an opposing or third
party to be proprietary under § 14.48 of this subpart shall be submitted to
the Commission in confidence pursuant to the requirements of § 0.459 of this
chapter and clearly marked “Not for Public Inspection.” An edited version
removing all proprietary data shall also be filed with the Commission for
inclusion in the public file. Edited versions shall be filed within five
days from the date the unedited brief is submitted, and served on opposing
parties.
(f) Initial briefs shall be no longer than twenty-five pages. Reply briefs
shall be no longer than ten pages. Either on its own motion or upon proper
motion by a party, the Commission staff may establish other page limits for
briefs.
(g) The Commission may require the parties to submit any additional
information it deems appropriate for a full, fair, and expeditious
resolution of the proceeding, including affidavits and exhibits.
(h) The parties shall submit a joint statement of stipulated facts, disputed
facts, and key legal issues no later than two business days prior to the
initial status conference, scheduled in accordance with the provisions of
§ 14.50(a) of this subpart.
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Goto Section: 14.48 | 14.50
Goto Year: 2014 |
2016
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