FCC 1.6008 Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 1.6008 Determinations.
(a) In General. Within forty five (45) days after the filing of a complaint,
the Commission shall issue a final determination in any proceeding brought
under this subsection. The Commission's final determination shall specify
the number of violations committed by the satellite carrier. The Commission
shall hear witnesses only if it clearly appears, based on the written
filings by the parties, that there is a genuine dispute about material
facts. Except as provided in the preceding sentence, the Commission may
issue a final ruling based on the written filings by the parties.
(b) Discovery. The Commission may direct the parties to exchange pertinent
documents, and if necessary, to take prehearing depositions, on such
schedule as the Commission may approve, but only if the Commission first
determines that such discovery is necessary to resolve a genuine dispute
about material facts, consistent with the obligation to make a final
determination within forty five (45) days. In this connection, the
Commission may utilize the discovery or other evidentiary procedures set
forth in Sec. Sec. 1.311 through 1.364 of the Commission's rules.
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