§ 1.733   Status conference.

   (a) In any complaint proceeding, the Commission may, in its discretion,
   direct the attorneys and/or the parties to appear before it for a
   status conference. Unless otherwise ordered by the Commission, and with
   the exception of Accelerated Docket proceedings, governed by paragraph
   (i) of this section, an initial status conference shall take place, at
   the time and place designated by the Commission staff, ten business
   days after the date the answer is due to be filed. A status conference
   may include discussion of:

   (1) Simplification or narrowing of the issues;

   (2) The necessity for or desirability of additional pleadings or
   evidentiary submissions;

   (3) Obtaining admissions of fact or stipulations between the parties as
   to any or all of the matters in controversy;

   (4) Settlement of all or some of the matters in controversy by
   agreement of the parties;

   (5) Whether discovery is necessary and, if so, the scope, type and
   schedule for such discovery;

   (6) The schedule for the remainder of the case and the dates for any
   further status conferences; and

   (7) Such other matters that may aid in the disposition of the
   complaint.

   (b)(1) Subject to paragraph (i) of this section governing Accelerated
   Docket proceedings, parties shall meet and confer prior to the initial
   status conference to discuss:

   (i) Settlement prospects;

   (ii) Discovery;

   (iii) Issues in dispute;

   (iv) Schedules for pleadings;

   (v) Joint statement of stipulated facts, disputed facts, and key legal
   issues; and

   (vi) In a 47 U.S.C. 271(d)(6)(B) proceeding, whether or not the parties
   agree to waive the 47 U.S.C. 271(d)(6)(B) 90-day resolution deadline.

   (2) Subject to paragraph (i) of this section governing Accelerated
   Docket proceedings, parties shall submit a joint statement of all
   proposals agreed to and disputes remaining as a result of such meeting
   to Commission staff at least two business days prior to the scheduled
   initial status conference.

   (c) In addition to the initial status conference referenced in
   paragraph (a) of this section, any party may also request that a
   conference be held at any time after the complaint has been filed.

   (d) During a status conference, the Commission staff may issue oral
   rulings pertaining to a variety of interlocutory matters relevant to
   the conduct of a formal complaint proceeding including, inter alia,
   procedural matters, discovery, and the submission of briefs or other
   evidentiary materials.

   (e) Parties may make, upon written notice to the Commission and all
   attending parties at least three business days prior to the status
   conference, an audio recording of the Commission staff's summary of its
   oral rulings. Alternatively, upon agreement among all attending parties
   and written notice to the Commission at least three business days prior
   to the status conference, the parties may make an audio recording of,
   or use a stenographer to transcribe, the oral presentations and
   exchanges between and among the participating parties, insofar as such
   communications are "on-the-record" as determined by the Commission
   staff, as well as the Commission staff's summary of its oral rulings. A
   complete transcript of any audio recording or stenographic
   transcription shall be filed with the Commission as part of the record,
   pursuant to the provisions of paragraph (f)(2) of this section. The
   parties shall make all necessary arrangements for the use of a
   stenographer and the cost of transcription, absent agreement to the
   contrary, will be shared equally by all parties that agree to make the
   record of the status conference.

   (f) The parties in attendance, unless otherwise directed, shall either:

   (1) Submit a joint proposed order memorializing the oral rulings made
   during the conference to the Commission by 5:30 pm, Eastern Time, on
   the business day following the date of the status conference, or as
   otherwise directed by Commission staff. In the event the parties in
   attendance cannot reach agreement as to the rulings that were made, the
   joint proposed order shall include the rulings on which the parties
   agree, and each party's alternative proposed rulings for those rulings
   on which they cannot agree. Commission staff will review and make
   revisions, if necessary, prior to signing and filing the submission as
   part of the record. The proposed order shall be submitted both as hard
   copy and on computer disk in accordance with the requirements of
   § 1.734(d); or

   (2) Pursuant to the requirements of paragraph (e) of this section,
   submit to the Commission by 5:30 pm., Eastern Time, on the third
   business day following the status conference or as otherwise directed
   by Commission staff either:

   (i) A transcript of the audio recording of the Commission staff's
   summary of its oral rulings;

   (ii) A transcript of the audio recording of the oral presentations and
   exchanges between and among the participating parties, insofar as such
   communications are "on-the-record" as determined by the Commission
   staff, and the Commission staff's summary of its oral rulings; or

   (iii) A stenographic transcript of the oral presentations and exchanges
   between and among the participating parties, insofar as such
   communications are "on-the-record" as determined by the Commission
   staff, and the Commission staff's summary of its oral rulings.

   (g) Status conferences will be scheduled by the Commission staff at
   such time and place as it may designate to be conducted in person or by
   telephone conference call.

   (h) The failure of any attorney or party, following reasonable notice,
   to appear at a scheduled conference will be deemed a waiver by that
   party and will not preclude the Commission staff from conferring with
   those parties and/or counsel present.

   (i) Accelerated Docket Proceedings. (1) In Accelerated Docket
   proceedings, the initial status conference will be held 10 days after
   the answer is due to be filed.

   (2) Prior to the initial status conference, the parties shall confer,
   either in person or by telephone, about:

   (i) Discovery to which they can agree;

   (ii) Facts to which they can stipulate; and

   (iii) Factual and legal issues in dispute.

   (3) Two days before the status conference, parties shall submit to
   Commission staff a joint statement of:

   (i) The agreements that they have reached with respect to discovery;

   (ii) The facts to which they have agreed to stipulate; and

   (iii) The disputed facts or legal issues of which they can agree to a
   joint statement.

   (4) Two days before the status conference, each party also shall submit
   to Commission staff a separate statement which shall include, as
   appropriate, the party's statement of the disputed facts and legal
   issues presented by the complaint proceeding and any additional
   discovery that the party seeks. A complainant that wishes to reply to a
   defendant's affirmative defense shall do so in its
   pre-status-conference filing. To the extent that this filing contains
   statements replying to an affirmative defense, the complainant shall
   include, and/or serve with the statement, the witness information and
   documents required in § 1.726(g)(3)-(4). A defendant that intends to
   rely on expert evidence shall include its expert statement in its
   pre-status conference filing. (See § 1.729(i)(4)(ii).)

   [ 53 FR 11855 , Apr. 11, 1988. Redesignated and amended at  58 FR 25573 ,
   Apr. 27, 1993;  63 FR 1039 , Jan. 7, 1998;  63 FR 41449 , Aug. 4, 1998]

   return arrow Back to Top