FCC 65.105 Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 65.105 Discovery.
(a) Participants shall file with each rate of return submission copies of
all information, including studies, financial analysts' reports, and any
other documents relied upon by participants or their experts in the
preparation of their submission. Information filed pursuant to this
paragraph for which protection from disclosure is sought shall be filed
subject to protective orders which shall be duly granted by the Chief,
Wireline Competition Bureau, for good cause shown.
(b) Participants may file written interrogatories and requests for documents
directed to any rate of return submission and not otherwise filed pursuant
to Sec. 65.105(a). The permissible scope of examination is that participants may
be examined upon any matter, not privileged, that will demonstrably lead to
the production of material, relevant, decisionally significant evidence.
(c) Discovery requests pursuant to Sec. 65.105(b), including written
interrogatories, shall be filed within 14 calendar days after the filing of
the rate of return submission to which the request is directed. Discovery
requests that are not opposed shall be complied with within 14 calendar days
of the request date.
(d) Oppositions to discovery requests made pursuant to Sec. 65.105(b), including
written interrogatories, shall be filed within 7 calendar days after
requests are filed. The Chief, Wireline Competition Bureau, shall rule upon
any such opposition. Except as stayed by the Commission or a Court, any
required response to a discovery request that is opposed shall be provided
within 14 calendar days after release of the ruling of the Chief, Wireline
Competition Bureau.
(e) An original and 4 copies of all information described in Sec. 65.105(a) and
all requests, oppositions, and responses made pursuant to Sec. 65.105 (a), (b)
and (d) shall be filed with the Secretary.
(f) Service of requests, oppositions, and responses made pursuant to Sec. 65.105
(b) and (d) shall be made upon all participants who have filed a designation
of service notice pursuant to Sec. 65.100(b). Service of requests upon
participants who have filed designation of service notices pursuant to
Sec. 65.100(b) shall be made by hand on the filing dates thereof.
[ 60 FR 28544 , June 1, 1995, as amended at 67 FR 13229 , Mar. 21, 2002]
Subpart C—Exchange Carriers
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