§  1.730   The Enforcement Bureau's Accelerated Docket.

   (a) Parties to formal complaint proceedings against common carriers
   within the responsibility of the Enforcement Bureau (see § §  0.111,
   0.311, 0.314 of this chapter) may request inclusion on the Bureau's
   Accelerated Docket. As set out in § §  1.720 through 1.736, proceedings
   on the Accelerated Docket are subject to shorter pleading deadlines and
   certain other procedural rules that do not apply to other formal
   complaint proceedings before the Enforcement Bureau.

   (b) Any party that contemplates filing a formal complaint may submit a
   request to the Chief of the Enforcement Bureau's Market Disputes
   Resolution Division, either by phone or in writing, seeking inclusion
   of its complaint, once filed, on the Accelerated Docket. In appropriate
   cases, Commission staff shall schedule and supervise pre-filing
   settlement negotiations between the parties to the dispute. If the
   parties do not resolve their dispute and the matter is accepted for
   handling on the Accelerated Docket, the complainant shall file its
   complaint with a letter stating that it has gained admission to the
   Accelerated Docket. When it files its complaint, such a complainant
   shall also serve a copy of its complaint on the Commission staff that
   supervised the pre-filing settlement discussions.

   (c) Within five days of receiving service of a complaint, any defendant
   in a formal complaint proceeding may submit by facsimile or hand
   delivery, to the Chief of the Enforcement Bureau's Market Disputes
   Resolution Division, a request seeking inclusion of its proceeding on
   the Accelerated Docket. Such a defendant contemporaneously shall
   transmit, in the same manner, a copy of its request to all parties to
   the proceeding. A defendant submitting such a request shall file and
   serve its answer in compliance with the requirements of §  1.724(k),
   except that the defendant shall not be required to serve with its
   answer the automatic document production required by § §  1.724(k)(7)
   and 1.729(i)(1). In proceedings accepted onto the Accelerated Docket at
   a defendant's request, the Commission staff will conduct supervised
   settlement discussions as appropriate. After accepting such a
   proceeding onto the Accelerated Docket, Commission staff will establish
   a schedule for the remainder of the proceeding, including the parties'
   §  1.729(i)(1) automatic production of documents.

   (d) During the thirty days following the effective date of these rules,
   any party to a pending formal complaint proceeding in which an answer
   has been filed or is past due may seek admission of the proceeding to
   the Accelerated Docket by submitting a request by facsimile or hand
   delivery to the Chief of the Enforcement Bureau's Market Disputes
   Resolution Division, with facsimile copies to all other parties to the
   proceeding by the same mode of transmission. If a pending proceeding is
   accepted onto the Accelerated Docket, Commission staff will conduct
   supervised settlement discussions if appropriate and establish a
   schedule for the remainder of the proceeding, including the parties'
   §  1.729(i)(1) automatic production of documents if necessary.

   (e) In determining whether to admit a proceeding onto the Accelerated
   Docket, Commission staff may consider factors from the following,
   non-exclusive list:

   (1) Whether it appears that the parties to the dispute have exhausted
   the reasonable opportunities for settlement during the staff-supervised
   settlement discussions.

   (2) Whether the expedited resolution of a particular dispute or
   category of disputes appears likely to advance competition in the
   telecommunications market.

   (3) Whether the issues in the proceeding appear suited for decision
   under the constraints of the Accelerated Docket. This factor may
   entail, inter alia, examination of the number of distinct issues raised
   in a proceeding, the likely complexity of the necessary discovery, and
   whether the complainant bifurcates any damages claims for decision in a
   separate proceeding. See §  1.722(b).

   (4) Whether the complainant states a claim for violation of the Act, or
   Commission rule or order that falls within the Commission's
   jurisdiction.

   (5) Whether it appears that inclusion of a proceeding on the
   Accelerated Docket would be unfair to one party because of an
   overwhelming disparity in the parties' resources.

   (6) Such other factors as the Commission staff, within its substantial
   discretion, may deem appropriate and conducive to the prompt and fair
   adjudication of complaint proceedings.

   (f) If it appears at any time that a proceeding on the Accelerated
   Docket is no longer appropriate for such treatment, Commission staff
   may remove the matter from the Accelerated Docket either on its own
   motion or at the request of any party.

   (g) Minitrials.

   (1) In Accelerated Docket proceedings, the Commission may conduct a
   minitrial, or hearing-type proceeding, as an alternative to requiring
   that parties submit briefs in support of their cases. Minitrials
   typically will take place between 40 and 45 days after the filing of
   the complaint. A Commission Administrative Law Judge ("ALJ") typically
   will preside at the minitrial, administer oaths to witnesses, and time
   the parties' presentation of their cases. In consultation with the
   Commission staff, the ALJ will rule on objections or procedural issues
   that may arise during the course of the minitrial.

   (2) Before a minitrial, each party will receive a specific time
   allotment in which it may present evidence and make argument during the
   minitrial. The ALJ or other Commission staff presiding at the minitrial
   will deduct from each party's time allotment any time that the party
   spends presenting either evidence or argument during the proceeding.
   The presiding official shall have broad discretion in determining any
   time penalty or deduction for a party who appears to be intentionally
   delaying either the proceeding or the presentation of another party's
   case. Within the limits imposed by its time allotment, a party may
   present evidence and argument in whatever manner or format it chooses,
   provided, however, that the submission of written testimony shall not
   be permitted.

   (3) Three days before a minitrial, each party to a proceeding shall
   serve on all other parties a copy of all exhibits that the party
   intends to introduce during the minitrial and a list of all witnesses,
   including expert witnesses, that the party may call during the
   minitrial. Service of this material shall be accomplished either by
   hand or by facsimile transmission. Objections to any exhibits or
   proposed witness testimony will be heard before the beginning of the
   minitrial.

   (4) No party will be permitted to call as a witness in a minitrial, or
   otherwise offer evidence from, an individual in that party's employ,
   unless the individual appears on the party's information designation
   (see § §  1.721(a)(10)(i) or 1.724(f)(1)) with a general description of
   the issues on which she will offer evidence. No party will be permitted
   to present expert evidence unless the party has complied fully with the
   expert-disclosure requirements of §  1.729(i)(4). The Commission may
   permit exceptions to the rules in this paragraph (g)(4) for good cause
   shown.

   (5) Two days before the beginning of the minitrial, parties shall file
   proposed findings of fact and conclusions of law. These submissions
   shall not exceed 40 pages per party. Within three days after the
   conclusion of the minitrial, parties may submit revised proposed
   findings of fact and conclusions of law to meet evidence introduced or
   arguments raised at the minitrial. These submissions shall not exceed
   20 pages per party.

   (6) The parties shall arrange for the stenographic transcription of
   minitrial proceedings so that transcripts are available and filed with
   the Commission no more than three days after the conclusion of the
   minitrial. Absent an agreement to the contrary, the cost of the
   transcript shall be shared equally between the parties to the
   proceeding.

   (h) Applications for review of staff decisions issued on delegated
   authority in Accelerated Docket proceedings shall comply with the
   filing and service requirements in §  1.115(e)(4). In those Accelerated
   Docket proceedings which raise issues that may not be decided on
   delegated authority (see 47 U.S.C. 155(c)(1); 47 CFR 0.291(d)), the
   staff decision issued after the minitrial will be a recommended
   decision subject to adoption or modification by the Commission. Any
   party to the proceeding that seeks modification of the recommended
   decision may do so by filing comments challenging the decision within
   15 days of its release by the Commission's Office of Media Relations.
   (Compare §  1.4(b)(2).) Opposition comments may be filed within 15 days
   of the comments challenging the decision; reply comments may be filed
   10 days thereafter and shall be limited to issues raised in the
   opposition comments.

   (i) If no party files comments challenging the recommended decision,
   the Commission will issue its decision adopting or modifying the
   recommended decision within 45 days of its release. If parties to the
   proceeding file comments to the recommended decision, the Commission
   will issue its decision adopting or modifying the recommended decision
   within 30 days of the filing of the final comments.

   [ 63 FR 41448 , Aug. 4, 1998, as amended at  64 FR 60725 , Nov. 8, 1999]

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