§ 65.105   Discovery.

   (a) Participants shall file with each rate of return submission copies of
   all information, including studies, financial analysts' reports, and any
   other  documents  relied  upon by participants or their experts in the
   preparation  of  their  submission. Information filed pursuant to this
   paragraph for which protection from disclosure is sought shall be filed
   subject to protective orders which shall be duly granted by the Chief,
   Wireline Competition Bureau, for good cause shown.

   (b) Participants may file written interrogatories and requests for documents
   directed to any rate of return submission and not otherwise filed pursuant
   to § 65.105(a). The permissible scope of examination is that participants may
   be examined upon any matter, not privileged, that will demonstrably lead to
   the production of material, relevant, decisionally significant evidence.

   (c)  Discovery  requests  pursuant  to  § 65.105(b),  including written
   interrogatories, shall be filed within 14 calendar days after the filing of
   the rate of return submission to which the request is directed. Discovery
   requests that are not opposed shall be complied with within 14 calendar days
   of the request date.

   (d) Oppositions to discovery requests made pursuant to § 65.105(b), including
   written  interrogatories,  shall be filed within 7 calendar days after
   requests are filed. The Chief, Wireline Competition Bureau, shall rule upon
   any such opposition. Except as stayed by the Commission or a Court, any
   required response to a discovery request that is opposed shall be provided
   within 14 calendar days after release of the ruling of the Chief, Wireline
   Competition Bureau.

   (e) An original and 4 copies of all information described in § 65.105(a) and
   all requests, oppositions, and responses made pursuant to § 65.105 (a), (b)
   and (d) shall be filed with the Secretary.

   (f) Service of requests, oppositions, and responses made pursuant to § 65.105
   (b) and (d) shall be made upon all participants who have filed a designation
   of  service  notice  pursuant  to § 65.100(b). Service of requests upon
   participants who have filed designation of service notices pursuant to
   § 65.100(b) shall be made by hand on the filing dates thereof.

   [ 60 FR 28544 , June 1, 1995, as amended at  67 FR 13229 , Mar. 21, 2002]

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Subpart C—Exchange Carriers

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