§ 1.248   Prehearing conferences; hearing conferences.

   (a) The Commission, on its own initiative or at the request of any party,
   may direct the parties or their attorneys to appear at a specified time and
   place for a conference prior to a hearing, or to submit suggestions in
   writing, for the purpose of considering, among other things, the matters set
   forth in paragraph (c) of this section. The initial prehearing conference
   shall be scheduled 30 days after the effective date of the order designating
   a  case  for  hearing,  unless good cause is shown for scheduling such
   conference at a later date, except that for program carriage complaints
   filed pursuant to § 76.1302 of this chapter that the Chief, Media Bureau
   refers to an administrative law judge for an initial decision, the initial
   prehearing conference shall be held no later than 10 calendar days after the
   deadline for submitting written appearances pursuant to § 1.221(h) or within
   such shorter or longer period as the Commission may allow on motion or
   notice consistent with the public interest.

   (b)(1) The presiding officer (or the Commission or a panel of commissioners
   in a case over which it presides), on his own initiative or at the request
   of any party, may direct the parties or their attorneys to appear at a
   specified time and place for a conference prior to or during the course of a
   hearing, or to submit suggestions in writing, for the purpose of considering
   any of the matters set forth in paragraph (c) of this section. The initial
   prehearing conference shall be scheduled 30 days after the effective date of
   the order designating a case for hearing, unless good cause is shown for
   scheduling such conference at a later date, except that for program carriage
   complaints filed pursuant to § 76.1302 of this chapter that the Chief, Media
   Bureau refers to an administrative law judge for an initial decision, the
   initial prehearing conference shall be held no later than 10 calendar days
   after the deadline for submitting written appearances pursuant to § 1.221(h)
   or within such shorter or longer period as the presiding officer may allow
   on motion or notice consistent with the public interest.

   (2) Except as circumstances otherwise require, the presiding officer shall
   allow a reasonable period prior to commencement of the hearing for the
   orderly completion of all prehearing procedures, including discovery, and
   for the submission and disposition of all prehearing motions. Where the
   circumstances so warrant, the presiding officer shall, promptly after the
   hearing is ordered, call a preliminary prehearing conference, to inquire
   into the use of available procedures contemplated by the parties and the
   time  required for their completion, to formulate a schedule for their
   completion, and to set a date for commencement of the hearing.

   (c) In conferences held, or in suggestions submitted, pursuant to paragraphs
   (a) and (b) of this section, the following matters, among others, may be
   considered:

   (1)  The  necessity  or desirability of simplification, clarification,
   amplification, or limitation of the issues;

   (2) The admission of facts and of the genuineness of documents (see § 1.246),
   and the possibility of stipulating with respect to facts;

   (3) The procedure at the hearing;

   (4) The limitation of the number of witnesses;

   (5) In cases arising under Title II of the Communications Act, the necessity
   or  desirability of amending the pleadings and offers of settlement or
   proposals of adjustment; and

   (6) In cases involving comparative broadcast applications:

   (i) Narrowing the issues or the areas of inquiry and proof at the hearing;

   (ii) [Reserved]

   (iii) Reports and letters relating to surveys or contacts;

   (iv) Assumptions regarding the availability of equipment;

   (v) Network programming;

   (vi) Assumptions regarding the availability of networks proposed;

   (vii) Offers of letters in general;

   (viii) The method of handling evidence relating to the past cooperation of
   existing stations owned and/or operated by the applicants with organizations
   in the area;

   (ix) Proof of contracts, agreements, or understandings reduced to writing;

   (x) Stipulations;

   (xi) Need for depositions;

   (xii) The numbering of exhibits;

   (xiii) The order or offer of proof with relationship to docket number;

   (xiv) The date for the formal hearing; and

   (xv) Such other matters as may expedite the conduct of the hearing.

   (7)  In proceedings in which consent agreements may be negotiated (see
   § 1.93), the parties shall be prepared to state at the initial prehearing
   conference whether they are at that time willing to enter negotiations
   leading to a consent agreement.

   (d) This paragraph applies to broadcast proceedings only.

   (1) At the prehearing conference prescribed by this section, the parties to
   the proceeding shall be prepared to discuss the advisability of reducing any
   or all phases of their affirmative direct cases to written form.

   (2)  In  hearings involving applications for new, improved and changed
   facilities and in comparative hearings involving only applications for new
   facilities, where it appears that it will contribute significantly to the
   disposition of the proceeding for the parties to submit all or any portion
   of their affirmative direct cases in writing, the presiding officer may, in
   his discretion, require them to do so.

   (3) In other broadcast proceedings, where it appears that it will contribute
   significantly to the disposition of the proceeding for the parties to submit
   all or any portion of their affirmative direct cases in writing, it is the
   policy of the Commission to encourage them to do so. However, the phase or
   phases of the proceeding to be submitted in writing, the dates for the
   exchange of the written material, and other limitations upon the effect of
   adopting the written case procedure (such as whether material ruled out as
   incompetent may be restored by other competent testimony) is to be left to
   agreement of the parties as approved by the presiding officer.

   (4)  In  broadcast comparative cases involving applicants for only new
   facilities, oral testimony and cross examination will be permitted only
   where,  in  the  discretion of the presiding judge, material issues of
   decisional  fact  cannot  be resolved without oral evidentiary hearing
   procedures  or the public interest otherwise requires oral evidentiary
   proceedings.

   (e) An official transcript of all conferences shall be made.

   (f)  The presiding officer may, upon the written request of a party or
   parties, approve the use of a speakerphone as a means of attendance at a
   prehearing conference if such use is found to conduce to the proper dispatch
   of business and the ends of justice.

   [ 28 FR 12425 , Nov. 22, 1963, as amended at  33 FR 463 , Jan. 12, 1968;  36 FR 14133 , July 30, 1971;  37 FR 7507 , Apr. 15, 1972;  41 FR 14873 , Apr. 8, 1976;
    43 FR 33251 , July 31, 1978;  56 FR 793 , Jan. 9, 1991;  76 FR 60672 , Sept. 29,
   2011]

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