§ 76.7   General special relief, waiver, enforcement, complaint, show cause,
forfeiture, and declaratory ruling procedures.

   Link to an amendment published at  80 FR 59663 , October 2, 2015.

   (a) Initiating pleadings. In addition to the general pleading requirements,
   initiating pleadings must adhere to the following requirements:

   (1) Petitions. On petition by any interested party, cable television system
   operator, a multichannel video programming distributor, local franchising
   authority, or an applicant, permittee, or licensee of a television broadcast
   or translator station, the Commission may waive any provision of this part
   76,  impose  additional or different requirements, issue a ruling on a
   complaint  or  disputed question, issue a show cause order, revoke the
   certification of the local franchising authority, or initiate a forfeiture
   proceeding. Petitions may be submitted informally by letter.

   (2) Complaints. Complaints shall conform to the relevant rule section under
   which the complaint is being filed.

   (3) Certificate of service. Petitions and Complaints shall be accompanied by
   a  certificate  of  service  on  any cable television system operator,
   franchising authority, station licensee, permittee, or applicant, or other
   interested  person who is likely to be directly affected if the relief
   requested is granted.

   (4) Statement of relief requested. (i) The petition or 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 petition or complaint shall set forth all steps taken by the
   parties to resolve the problem, except where the only relief sought is a
   clarification or interpretation of the rules.

   (iii)  A petition or 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.

   (5) Failure to prosecute. Failure to prosecute petition or 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) Responsive pleadings. In addition to the general pleading requirements,
   responsive pleadings must adhere to the following requirements:

   (1) Comments/oppositions to petitions. Unless otherwise directed by the
   Commission, interested persons may submit comments or oppositions within
   twenty (20) days after the date of public notice of the filing of such
   petition. Comments or oppositions shall be served on the petitioner and on
   all persons listed in petitioner's certificate of service, and shall contain
   a  detailed  full  showing,  supported  by  affidavit, of any facts or
   considerations relied on.

   (2) Answers to complaints. (i) Unless otherwise directed by the Commission,
   any party who is served with a complaint shall file an answer in accordance
   with the following, and the relevant rule section under which the complaint
   is being filed.

   (ii) The answer shall be filed within 20 days of service of the complaint,
   unless another period is set forth in the relevant rule section.

   (iii) 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.

   (iv) 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. The defendant may make its
   denials as specific denials of designated averments or paragraphs, or may
   generally  deny  all the averments except such designated averments or
   paragraphs as the defendant expressly admits. When the defendant intends to
   controvert all averments, the defendant may do so by general denial.

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

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

   (1) The petitioner or complainant may file a reply to a responsive pleading
   which shall be served on all persons who have filed pleadings 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, reply comments and replies to an answer 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 or the relevant rule
   section, comments and replies to answers 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)  Any  briefs  submitted  shall  be filed concurrently by both the
   complainant and defendant at such time as is designated by the staff. Such
   briefs shall not exceed fifty (50) pages.

   (iii) Reply briefs may be submitted by either party within twenty (20) days
   from the date initial briefs are due. Reply briefs shall not exceed thirty
   (30) pages.

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

   (2) The Commission staff 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, document production or depositions. The Commission staff
   may hold a status conference with the parties, pursuant to § 76.8 of this
   part, to determine the scope of discovery, or direct the parties regarding
   the scope of discovery. If the Commission staff determines that extensive
   discovery is required or that depositions are warranted, the staff may
   advise the parties that the proceeding will be referred to an administrative
   law judge in accordance with paragraph (g) of this section.

   (g) Referral to administrative law judge. (1) After reviewing the pleadings,
   and at any stage of the proceeding thereafter, the Commission staff 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 staff 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 and the Chief Administrative Law Judge.

   (3) Unless otherwise directed by the Commission, or upon motion by the Media
   Bureau Chief, the Media 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).

   (h) System community units outside the Contiguous States. On a finding that
   the public interest so requires, the Commission may determine that a system
   community unit operating or proposing to operate in a community located
   outside of the 48 contiguous states shall comply with provisions of subparts
   D, F, and G of this part in addition to the provisions thereof otherwise
   applicable.

   (i) Commission ruling. The Commission, after consideration of the pleadings,
   may determine whether the public interest would be served by the grant, in
   whole or in part, or denial of the request, or may issue a ruling on the
   complaint or dispute, issue an order to show cause, or initiate a forfeiture
   proceeding.

   Note 1 to § 76.7: After issuance of an order to show cause pursuant to this
   section, the rules of procedure in Title 47, part 1, subpart A, § § 1.91-1.95
   of this chapter shall apply.

   Note  2  to  § 76.7: Nothing in this section is intended to prevent the
   Commission from initiating show cause or forfeiture proceedings on its own
   motion;  Provided, however, that show cause proceedings and forfeiture
   proceedings pursuant to § 1.80(g) of this chapter will not be initiated by
   such motion until the affected parties are given an opportunity to respond
   to the Commission's charges.

   Note 3 to § 76.7: Forfeiture proceedings are generally nonhearing matters
   conducted pursuant to the provisions of § 1.80(f) of this chapter (Notice of
   Apparent Liability). Petitioners who contend that the alternative hearing
   procedures of § 1.80(g) of this chapter should be followed in a particular
   case must support this contention with a specific showing of the facts and
   considerations relied on.

   Note 4 to § 76.7: To the extent a conflict is perceived between the general
   pleading requirements of this section, and the procedural requirements of a
   specific section, the procedural requirements of the specific section should
   be followed.

   [ 64 FR 6569 , Feb. 10, 1999, as amended at  67 FR 13234 , Mar. 21, 2002;  76 FR 60673 , Sept. 29, 2011]

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