Sec. 1.277  Exceptions; oral arguments.

    (a) The consolidated supporting brief and exceptions to the initial 
decision (see Sec. 1.276(a)(2)), including rulings upon motions or 
objections, shall point out with particularity alleged material errors 
in the decision or ruling and shall contain specific references to the 
page or pages of the transcript of hearing, exhibit or order if any on 
which the exception is based. Any objection not saved by exception filed 
pursuant to this section is waived.
    (b) Within the period of time allowed in Sec. 1.276(a) for the 
filing of exceptions, any party may file a brief in support of an 
initial decision, in whole or in part, which may contain exceptions and 
which shall be similar in form to the brief in support of exceptions 
(see Sec. 1.276(a)(2)).
    (c) Except by special permission, the consolidated brief and 
exceptions will not be accepted if the exceptions and argument exceed 25 
double-spaced typewritten pages in length. (The table of contents and 
table of citations are not counted in the 25 page limit; however, all 
other contents of and attachments to the brief are counted.) Within 10 
days, or such other time as the Commission or delegated authority may 
specify, after the time for filing exceptions has expired, any other 
party may file a reply brief, which shall not exceed 25 double spaced 
typewritten pages and shall contain a table of contents and a table of 
citations. If exceptions have been filed, any party may request oral 
argument not later than five days after the time for filing replies to 
the exceptions has expired. The Commission or delegated authority, in 
its discretion, will grant oral argument by order only in cases where 
such oral

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presentations will assist in the resolution of the issues presented. 
Within five days after release of an order designating an initial 
decision for oral argument, as provided in paragraph (d) of this 
section, any party who wishes to participate in oral argument shall file 
a written notice of intention to appear and participate in oral 
argument. Failure to file a written notice shall constitute a waiver of 
the opportunity to participate.
    (d) Each order scheduling a case for oral argument will contain the 
allotment of time for each party for oral argument before the 
Commission. The Commission will grant, in its discretion, upon good 
cause shown, an extension of such time upon petition by a party, which 
petition must be filed within 5 days after issuance of said order for 
oral argument.
    (e) Within 10 days after a transcript of oral argument has been 
filed in the office of the Secretary of the Commission, any party who 
participated in the oral argument may file with the Commission a motion 
requesting correction of the transcript, which motion shall be 
accompanied by proof of service thereof upon all other parties who 
participated in the oral argument. Within 5 days after the filing of 
such a motion, other parties may file a pleading in support of or in 
opposition to such motion. Thereafter, the officer who presided at the 
oral argument shall, by order, specify the corrections to be made in the 
transcript, and a copy of the order shall be served upon all parties to 
the proceeding. The officer who presided at the oral argument may, on 
his own initiative, by order, specify corrections to be made in the 
transcript on 5 days notice of the proposed corrections to all parties 
who participated in the oral argument.
    (f) Any commissioner who is not present at oral argument and who is 
otherwise authorized to participate in a final decision may participate 
in making that decision after reading the transcript of oral argument.

(Sec. 409, 48 Stat. 1096, as amended; 47 U.S.C. )
[28 409 FR 12425 , Nov. 22, 1963, as amended at  41 FR 14873 , Apr. 8, 1976;  41 FR 34259 , Aug. 13, 1976;  44 FR 12426 , Mar. 7, 1979;  56 FR 793 , Jan. 9, 
1991;  62 FR 4171 , Jan. 29, 1997]