Goto Section: 14.49 | 14.51 | Table of Contents
FCC 14.50
Revised as of October 1, 2016
Goto Year:2015 |
2017
§ 14.50 Status conference.
(a) In any complaint proceeding, the Commission may, in its discretion,
direct the attorneys and/or the parties to appear before it for a
status conference. Unless otherwise ordered by the Commission, an
initial status conference shall take place, at the time and place
designated by the Commission staff, ten business days after the date
the answer is due to be filed. A status conference may include
discussion of:
(1) Simplification or narrowing of the issues;
(2) The necessity for or desirability of additional pleadings or
evidentiary submissions;
(3) Obtaining admissions of fact or stipulations between the parties as
to any or all of the matters in controversy;
(4) Settlement of all or some of the matters in controversy by
agreement of the parties;
(5) Whether discovery is necessary and, if so, the scope, type and
schedule for such discovery;
(6) The schedule for the remainder of the case and the dates for any
further status conferences; and
(7) Such other matters that may aid in the disposition of the
complaint.
(b)(1) Parties shall meet and confer prior to the initial status
conference to discuss:
(i) Settlement prospects;
(ii) Discovery;
(iii) Issues in dispute;
(iv) Schedules for pleadings;
(v) Joint statement of stipulated facts, disputed facts, and key legal
issues; and
(2) Parties shall submit a joint statement of all proposals agreed to
and disputes remaining as a result of such meeting to Commission staff
at least two business days prior to the scheduled initial status
conference.
(c) In addition to the initial status conference referenced in
paragraph (a) of this section, any party may also request that a
conference be held at any time after the complaint has been filed.
(d) During a status conference, the Commission staff may issue oral
rulings pertaining to a variety of interlocutory matters relevant to
the conduct of a formal complaint proceeding including, inter alia,
procedural matters, discovery, and the submission of briefs or other
evidentiary materials.
(e) Parties may make, upon written notice to the Commission and all
attending parties at least three business days prior to the status
conference, an audio recording of the Commission staff's summary of its
oral rulings. Alternatively, upon agreement among all attending parties
and written notice to the Commission at least three business days prior
to the status conference, the parties may make an audio recording of,
or use a stenographer to transcribe, the oral presentations and
exchanges between and among the participating parties, insofar as such
communications are “on-the-record” as determined by the Commission
staff, as well as the Commission staff's summary of its oral rulings. A
complete transcript of any audio recording or stenographic
transcription shall be filed with the Commission as part of the record,
pursuant to the provisions of paragraph (f)(2) of this section. The
parties shall make all necessary arrangements for the use of a
stenographer and the cost of transcription, absent agreement to the
contrary, will be shared equally by all parties that agree to make the
record of the status conference.
(f) The parties in attendance, unless otherwise directed, shall either:
(1) Submit a joint proposed order memorializing the oral rulings made
during the conference to the Commission by 5:30 p.m., Eastern Time, on
the business day following the date of the status conference, or as
otherwise directed by Commission staff. In the event the parties in
attendance cannot reach agreement as to the rulings that were made, the
joint proposed order shall include the rulings on which the parties
agree, and each party's alternative proposed rulings for those rulings
on which they cannot agree. Commission staff will review and make
revisions, if necessary, prior to signing and filing the submission as
part of the record. The proposed order shall be submitted both as hard
copy and on computer disk in accordance with the requirements of
§ 14.51(d) of this subpart; or
(2) Pursuant to the requirements of paragraph (e) of this section,
submit to the Commission by 5:30 p.m., Eastern Time, on the third
business day following the status conference or as otherwise directed
by Commission staff either:
(i) A transcript of the audio recording of the Commission staff's
summary of its oral rulings;
(ii) A transcript of the audio recording of the oral presentations and
exchanges between and among the participating parties, insofar as such
communications are “on-the-record” as determined by the Commission
staff, and the Commission staff's summary of its oral rulings; or
(iii) A stenographic transcript of the oral presentations and exchanges
between and among the participating parties, insofar as such
communications are “on-the-record” as determined by the Commission
staff, and the Commission staff's summary of its oral rulings.
(g) Status conferences will be scheduled by the Commission staff at
such time and place as it may designate to be conducted in person or by
telephone conference call.
(h) The failure of any attorney or party, following reasonable notice,
to appear at a scheduled conference will be deemed a waiver by that
party and will not preclude the Commission staff from conferring with
those parties and/or counsel present.
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Goto Section: 14.49 | 14.51
Goto Year: 2015 |
2017
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