§ 8.14   General formal complaint procedures.

   Link to an amendment published at  83 FR 7922 , Feb. 22, 2018.

   Link to an amendment published at  83 FR 21927 , May 11, 2018.

   (a) Complaints. In addition to the general pleading requirements,
   complaints must adhere to the following requirements:

   (1) Certificate of service. Complaints shall be accompanied by a
   certificate of service on any defendant.

   (2) Statement of relief requested—(i) The complaint shall state the
   relief requested. It shall state fully and precisely all pertinent
   facts and considerations relied on to demonstrate the need for the
   relief requested and to support a determination that a grant of such
   relief would serve the public interest.

   (ii) The complaint shall set forth all steps taken by the parties to
   resolve the problem.

   (iii) A complaint may, on request of the filing party, be dismissed
   without prejudice as a matter of right prior to the adoption date of
   any final action taken by the Commission with respect to the petition
   or complaint. A request for the return of an initiating document will
   be regarded as a request for dismissal.

   (3) Failure to prosecute. Failure to prosecute a complaint, or failure
   to respond to official correspondence or request for additional
   information, will be cause for dismissal. Such dismissal will be
   without prejudice if it occurs prior to the adoption date of any final
   action taken by the Commission with respect to the initiating pleading.

   (b) Answers to complaints. Unless otherwise directed by the Commission,
   any party who is served with a complaint shall file an answer in
   accordance with the following requirements:

   (1) The answer shall be filed within 20 days of service of the
   complaint.

   (2) The answer shall advise the parties and the Commission fully and
   completely of the nature of any and all defenses, and shall respond
   specifically to all material allegations of the complaint. Collateral
   or immaterial issues shall be avoided in answers and every effort
   should be made to narrow the issues. Any party against whom a complaint
   is filed failing to file and serve an answer within the time and in the
   manner prescribed by these rules may be deemed in default and an order
   may be entered against defendant in accordance with the allegations
   contained in the complaint.

   (3) Facts must be supported by relevant documentation or affidavit.

   (4) The answer shall admit or deny the averments on which the adverse
   party relies. 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
   answer shall specify so much of it as is true and shall deny only the
   remainder, and state in detail the basis of that denial.

   (5) Averments in a complaint are deemed to be admitted when not denied
   in the answer.

   (c) Reply. In addition to the general pleading requirements, replies
   must adhere to the following requirements:

   (1) The complainant may file a reply to a responsive pleading that
   shall be served on the defendant and shall also contain a detailed full
   showing, supported by affidavit, of any additional facts or
   considerations relied on. Unless expressly permitted by the Commission,
   replies shall not contain new matters.

   (2) Failure to reply will not be deemed an admission of any allegations
   contained in the responsive pleading, except with respect to any
   affirmative defense set forth therein.

   (3) Unless otherwise directed by the Commission, replies must be filed
   within ten (10) days after submission of the responsive pleading.

   (d) Motions. Except as provided in this section, or upon a showing of
   extraordinary circumstances, additional motions or pleadings by any
   party will not be accepted.

   (e) Additional procedures and written submissions. (1) The Commission
   may specify other procedures, such as oral argument or evidentiary
   hearing directed to particular aspects, as it deems appropriate. In the
   event that an evidentiary hearing is required, the Commission will
   determine, on the basis of the pleadings and such other procedures as
   it may specify, whether temporary relief should be afforded any party
   pending the hearing and the nature of any such temporary relief.

   (2) 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 copies of all contracts and
   documents reflecting arrangements and understandings alleged to violate
   the requirements set forth in the Communications Act and in this part,
   as well as affidavits and exhibits.

   (3) The Commission may, in its discretion, require the parties to file
   briefs summarizing the facts and issues presented in the pleadings and
   other record evidence.

   (i) These briefs shall contain the findings of fact and conclusions of
   law which that party is urging the Commission to adopt, with specific
   citations to the record, and supported by relevant authority and
   analysis.

   (ii) The schedule for filing any briefs shall be at the discretion of
   the Commission. Unless ordered otherwise by the Commission, such briefs
   shall not exceed fifty (50) pages.

   (iii) Reply briefs may be submitted at the discretion of the
   Commission. Unless ordered otherwise by the Commission, reply briefs
   shall not exceed thirty (30) pages.

   (f) Discovery. (1) The Commission may in its discretion order discovery
   limited to the issues specified by the Commission. Such discovery may
   include answers to written interrogatories, depositions, document
   production, or requests for admissions.

   (2) The Commission may in its discretion direct the parties to submit
   discovery proposals, together with a memorandum in support of the
   discovery requested. Such discovery requests may include answers to
   written interrogatories, admissions, document production, or
   depositions. The Commission may hold a status conference with the
   parties, pursuant to § 8.15, to determine the scope of discovery, or
   direct the parties regarding the scope of discovery. If the Commission
   determines that extensive discovery is required or that depositions are
   warranted, the Commission may advise the parties that the proceeding
   will be referred to an administrative law judge in accordance with
   paragraph (g) of this section.

   (g) Request for written opinion from outside technical organization.
   (1) After reviewing the pleadings, and at any stage of the proceeding
   thereafter, the Enforcement Bureau may, in its discretion, request a
   written opinion from an outside technical organization regarding one or
   more issues in dispute.

   (2)(i) Wherever possible, the opinion shall be requested from an
   outside technical organization whose members do not include any of the
   parties to the proceeding.

   (ii) If no such outside technical organization exists, or if the
   Enforcement Bureau in its discretion chooses to request an opinion from
   an organization that includes among its members a party to the
   proceeding, the Bureau shall instruct the organization that any
   representative of a party to the proceeding within the organization may
   not participate in either the organization's consideration of the
   issue(s) referred or its drafting of the opinion.

   (iii) No outside technical organization shall be required to respond to
   the Bureau's request.

   (3)(i) If an opinion from an outside technical organization is
   requested and the request is accepted, the Enforcement Bureau shall
   notify the parties to the dispute of the request within ten (10) days
   and shall provide them copies of the opinion once it is received.

   (ii) The outside technical organization shall provide its opinion
   within thirty (30) days of the Enforcement Bureau's request, unless
   otherwise specified by the Bureau.

   (iii) Parties shall be given the opportunity to file briefs in reply to
   the opinion.

   (h) Referral to administrative law judge. (1) After reviewing the
   pleadings, and at any stage of the proceeding thereafter, the
   Commission may, in its discretion, designate any proceeding or discrete
   issues arising out of any proceeding for an adjudicatory hearing before
   an administrative law judge.

   (2) Before designation for hearing, the Commission shall notify, either
   orally or in writing, the parties to the proceeding of its intent to so
   designate, and the parties shall be given a period of ten (10) days to
   elect to resolve the dispute through alternative dispute resolution
   procedures, or to proceed with an adjudicatory hearing. Such election
   shall be submitted in writing to the Commission.

   (3) Unless otherwise directed by the Commission, or upon motion by the
   Enforcement Bureau Chief, the Enforcement Bureau Chief shall not be
   deemed to be a party to a proceeding designated for a hearing before an
   administrative law judge pursuant to this paragraph (g).

   (i) Commission ruling. The Commission (or the Enforcement Bureau on
   delegated authority), after consideration of the pleadings, shall issue
   an order ruling on the complaint.

   [ 76 FR 59232 , Sept. 23, 2011, as amended at  80 FR 19848 , Apr. 13, 2015]

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