§ 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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