§ 1.244   Designation of a settlement judge.

   (a)  In  broadcast comparative cases involving applicants for only new
   facilities, the applicants may request the appointment of a settlement judge
   to facilitate the resolution of the case by settlement.

   (b) Where all applicants in the case agree that such procedures may be
   beneficial, such requests may be filed with the presiding judge no later
   than 15 days prior to the date scheduled by the presiding judge for the
   commencement of hearings. The presiding judge shall suspend the procedural
   dates in the case and forward the request to the Chief Administrative Law
   Judge for action.

   (c) If, in the discretion of the Chief Administrative Law Judge, it appears
   that the appointment of a settlement judge will facilitate the settlement of
   the case, the Chief Judge will appoint a “neutral” as defined in 5 U.S.C.
   581 and 583(a) to act as the settlement judge.

   (1) The parties may request the appointment of a settlement judge of their
   own choosing so long as that person is a “neutral” as defined in 5 U.S.C.
   581.

   (2) The appointment of a settlement judge in a particular case is subject to
   the approval of all the applicants in the proceeding. See 5 U.S.C. 583(b).

   (3)  The Commission's Administrative Law Judges are eligible to act as
   settlement judges, except that an Administrative Law Judge will not be
   appointed as a settlement judge in any case in which the Administrative Law
   Judge also acts as the presiding officer.

   (4) Other members of the Commission's staff who qualify as neutrals may be
   appointed as settlement judges, except that staff members whose duties
   include drafting, review, and/or recommendations in adjudicatory matters
   pending before the Commission shall not be appointed as settlement judges.

   (d) The settlement judge shall have the authority to require applicants to
   submit their written direct cases for review. The settlement judge may also
   meet with the applicants and/or their counsel, individually and/or at joint
   conferences, to discuss their cases and the cases of their competitors. All
   such meetings will be off-the-record, and the settlement judge may express
   an opinion as to the relative comparative standing of the applicants and
   recommend  possible means to resolve the proceeding by settlement. The
   proceedings  before  the  settlement  judge  shall  be  subject to the
   confidentiality provisions of 5 U.S.C. 574. Moreover, no statements, offers
   of settlement, representations or concessions of the parties or opinions
   expressed by the settlement judge will be admissible as evidence in any
   Commission licensing proceeding.

   [ 56 FR 793 , Jan. 9, 1991, as amended at  62 FR 4171 , Jan. 29, 1997;  76 FR 70908 , Nov. 16, 2011]

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