§ 1.311   General.

   Sections 1.311 through 1.325 provide for taking the deposition of any person
   (including a party), for interrogatories to parties, and for orders to
   parties relating to the production of documents and things and for entry
   upon  real property. These procedures may be used for the discovery of
   relevant facts, for the production and preservation of evidence for use at
   the hearing, or for both purposes.

   (a) Applicability. For purposes of discovery, these proecdures may be used
   in any case of adjudication (as defined in the Administrative Procedure Act)
   which has been designated for hearing. For the preservation of evidence,
   they may be used in any case which has been designated for hearing and is
   conducted under the provisions of this subpart (see § 1.201).

   (b) Scope of examination. Persons and parties may be examined regarding any
   matter, not privileged, which is relevant to the hearing issues, including
   the existence, description, nature, custody, condition and location of any
   books, documents, or other tangible things and the identity and location of
   persons having knowledge of relevant facts. It is not ground for objection
   to use of these procedures that the testimony will be inadmissible at the
   hearing if the testimony sought appears reasonably calculated to lead to the
   discovery of admissible evidence. The use of these procedures against the
   Commission is subject to the following additional limitations:

   (1) The informer's privilege shall encompass information which may lead to
   the disclosure of an informer's identity.

   (2)  Commission  personnel may not be questioned by deposition for the
   purposes of discovery except on special order of the Commission, but may be
   questioned by written interrogatories under § 1.323. Interrogatories shall be
   served on the appropriate Bureau Chief (see § 1.21(b)). They will be answered
   and signed by those personnel with knowledge of the facts. The answers will
   be served by the Secretary of the Commission upon parties to the proceeding.

   (3)  Commission records are not subject to discovery under § 1.325. The
   inspection of Commission records is governed by the Freedom of Information
   Act, as amended, and by § § 0.451 through 0.467 of this chapter. Commission
   employees  may  be questioned by written interrogatories regarding the
   existence,  nature,  description,  custody,  condition and location of
   Commission records, but may not be questioned concerning their contents
   unless the records are available (or are made available) for inspection
   under § § 0.451 through 0.467. See § 0.451(b)(5) of this chapter.

   (4) Subject to paragraphs (b) (1) through (3) of this section, Commission
   personnel may be questioned generally by written interrogatories regarding
   the existence, description, nature, custody, condition and location of
   relevant documents and things and regarding the identity and location of
   persons  having knowledge of relevant facts, and may otherwise only be
   examined regarding facts of the case as to which they have direct personal
   knowledge.

   (c)  Schedule  for use of the procedures. (1) In comparative broadcast
   proceedings  involving  applicants  for only new facilities, discovery
   commences with the release of the hearing designation order, and, in routine
   cases, the discovery phase of the proceeding will be conducted in a manner
   intended to conclude that portion of the case within 90 days of the release
   of the designation order.

   (2) In all other proceedings, except as provided by special order of the
   presiding officer, discovery may be initiated before or after the prehearing
   conference provided for in § 1.248 of this part.

   (3) In all proceedings, the presiding officer may at any time order the
   parties or their attorneys to appear at a conference to consider the proper
   use of these procedures, the time to be allowed for such use, and/or to hear
   agrument and render a ruling on disputes that arise under these rules.

   (d) Who shall act. Actions provided for in § § 1.311 through 1.325 will, in
   most cases, be taken by the officer designated to preside at the hearing
   (see § 1.241). If the proceeding, or a particular matter to which the action
   relates, is before the Commission, a commissioner or panel of commissioners,
   or the Chief Administrative Law Judge, the action will be taken by such
   officer or body. The term presiding officer, as used in § § 1.311 through
   1.325 shall be understood to refer to the appropriate officer or body. See
   § § 0.341, 0.351, 0.365, and 1.271 of this chapter.

   (e) Stipulations regarding the taking of depositions. If all of the parties
   so stipulate in writing and if there is no interference to the conduct of
   the proceeding, depositions may be taken before any person, at any time
   (subject to the limitation below) or place, upon any notice and in any
   manner, and when so taken may be used like other depositions. An original
   and one copy of the stipulation shall be filed with the Secretary of the
   Commission, and a copy of the stipulation shall be served on the presiding
   officer, at least 3 days before the scheduled taking of the deposition.

   [ 33 FR 463 , Jan. 12, 1968, as amended at  40 FR 39509 , Aug. 28, 1975;  47 FR 51873 , Nov. 18, 1982;  56 FR 794 , Jan. 9, 1991;  62 FR 4171 , Jan. 29, 1997]

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