§ 8.14   General formal complaint procedures.

   (a) Complaints. In addition to the general pleading requirements, complaints
   must adhere to the following requirements:

   (1) Certificate of service. Complaints shall be accompanied by a certificate
   of service on any defendant.

   (2) Statement of relief requested—(i) The complaint shall state the relief
   requested.  It shall state fully and precisely all pertinent facts and
   considerations relied on to demonstrate the need for the relief requested
   and to support a determination that a grant of such relief would serve the
   public interest.

   (ii) The complaint shall set forth all steps taken by the parties to resolve
   the problem.

   (iii) A complaint may, on request of the filing party, be dismissed without
   prejudice as a matter of right prior to the adoption date of any final
   action taken by the Commission with respect to the petition or complaint. A
   request for the return of an initiating document will be regarded as a
   request for dismissal.

   (3) Failure to prosecute. Failure to prosecute a complaint, or failure to
   respond to official correspondence or request for additional information,
   will be cause for dismissal. Such dismissal will be without prejudice if it
   occurs  prior  to  the  adoption date of any final action taken by the
   Commission with respect to the initiating pleading.

   (b) Answers to complaints. Unless otherwise directed by the Commission, any
   party who is served with a complaint shall file an answer in accordance with
   the following requirements:

   (1) The answer shall be filed within 20 days of service of the complaint.

   (2)  The  answer shall advise the parties and the Commission fully and
   completely  of  the  nature of any and all defenses, and shall respond
   specifically to all material allegations of the complaint. Collateral or
   immaterial issues shall be avoided in answers and every effort should be
   made to narrow the issues. Any party against whom a complaint is filed
   failing  to file and serve an answer within the time and in the manner
   prescribed by these rules may be deemed in default and an order may be
   entered against defendant in accordance with the allegations contained in
   the complaint.

   (3) Facts must be supported by relevant documentation or affidavit.

   (4) The answer shall admit or deny the averments on which the adverse party
   relies. If the defendant is without knowledge or information sufficient to
   form a belief as to the truth of an averment, the defendant shall so state
   and this has the effect of a denial. When a defendant intends in good faith
   to deny only part of an averment, the answer shall specify so much of it as
   is true and shall deny only the remainder, and state in detail the basis of
   that denial.

   (5) Averments in a complaint are deemed to be admitted when not denied in
   the answer.

   (c) Reply. In addition to the general pleading requirements, replies must
   adhere to the following requirements:

   (1) The complainant may file a reply to a responsive pleading that shall be
   served on the defendant and shall also contain a detailed full showing,
   supported by affidavit, of any additional facts or considerations relied on.
   Unless expressly permitted by the Commission, replies shall not contain new
   matters.

   (2) Failure to reply will not be deemed an admission of any allegations
   contained in the responsive pleading, except with respect to any affirmative
   defense set forth therein.

   (3) Unless otherwise directed by the Commission, replies must be filed
   within ten (10) days after submission of the responsive pleading.

   (d)  Motions. Except as provided in this section, or upon a showing of
   extraordinary circumstances, additional motions or pleadings by any party
   will not be accepted.

   (e) Additional procedures and written submissions. (1) The Commission may
   specify other procedures, such as oral argument or evidentiary hearing
   directed to particular aspects, as it deems appropriate. In the event that
   an evidentiary hearing is required, the Commission will determine, on the
   basis of the pleadings and such other procedures as it may specify, whether
   temporary relief should be afforded any party pending the hearing and the
   nature of any such temporary relief.

   (2)  The  Commission  may require the parties to submit any additional
   information  it  deems  appropriate  for a full, fair, and expeditious
   resolution  of  the  proceeding, including copies of all contracts and
   documents reflecting arrangements and understandings alleged to violate the
   requirements set forth in the Communications Act and in this part, as well
   as affidavits and exhibits.

   (3) The Commission may, in its discretion, require the parties to file
   briefs summarizing the facts and issues presented in the pleadings and other
   record evidence.

   (i) These briefs shall contain the findings of fact and conclusions of law
   which that party is urging the Commission to adopt, with specific citations
   to the record, and supported by relevant authority and analysis.

   (ii) The schedule for filing any briefs shall be at the discretion of the
   Commission. Unless ordered otherwise by the Commission, such briefs shall
   not exceed fifty (50) pages.

   (iii) Reply briefs may be submitted at the discretion of the Commission.
   Unless ordered otherwise by the Commission, reply briefs shall not exceed
   thirty (30) pages.

   (f) Discovery. (1) The Commission may in its discretion order discovery
   limited  to the issues specified by the Commission. Such discovery may
   include  answers  to  written  interrogatories,  depositions, document
   production, or requests for admissions.

   (2)  The Commission may in its discretion direct the parties to submit
   discovery proposals, together with a memorandum in support of the discovery
   requested.  Such  discovery  requests  may  include answers to written
   interrogatories,  admissions, document production, or depositions. The
   Commission may hold a status conference with the parties, pursuant to § 8.15,
   to determine the scope of discovery, or direct the parties regarding the
   scope of discovery. If the Commission determines that extensive discovery is
   required or that depositions are warranted, the Commission may advise the
   parties that the proceeding will be referred to an administrative law judge
   in accordance with paragraph (g) of this section.

   (g) Request for written opinion from outside technical organization. (1)
   After  reviewing  the  pleadings,  and  at any stage of the proceeding
   thereafter, the Enforcement Bureau may, in its discretion, request a written
   opinion from an outside technical organization regarding one or more issues
   in dispute.

   (2)(i) Wherever possible, the opinion shall be requested from an outside
   technical organization whose members do not include any of the parties to
   the proceeding.

   (ii) If no such outside technical organization exists, or if the Enforcement
   Bureau in its discretion chooses to request an opinion from an organization
   that includes among its members a party to the proceeding, the Bureau shall
   instruct  the  organization  that any representative of a party to the
   proceeding  within  the organization may not participate in either the
   organization's consideration of the issue(s) referred or its drafting of the
   opinion.

   (iii) No outside technical organization shall be required to respond to the
   Bureau's request.

   (3)(i) If an opinion from an outside technical organization is requested and
   the request is accepted, the Enforcement Bureau shall notify the parties to
   the dispute of the request within ten (10) days and shall provide them
   copies of the opinion once it is received.

   (ii) The outside technical organization shall provide its opinion within
   thirty (30) days of the Enforcement Bureau's request, unless otherwise
   specified by the Bureau.

   (iii) Parties shall be given the opportunity to file briefs in reply to the
   opinion.

   (h) Referral to administrative law judge. (1) After reviewing the pleadings,
   and at any stage of the proceeding thereafter, the Commission may, in its
   discretion, designate any proceeding or discrete issues arising out of any
   proceeding for an adjudicatory hearing before an administrative law judge.

   (2) Before designation for hearing, the Commission shall notify, either
   orally or in writing, the parties to the proceeding of its intent to so
   designate, and the parties shall be given a period of ten (10) days to elect
   to resolve the dispute through alternative dispute resolution procedures, or
   to proceed with an adjudicatory hearing. Such election shall be submitted in
   writing to the Commission.

   (3) Unless otherwise directed by the Commission, or upon motion by the
   Enforcement Bureau Chief, the Enforcement Bureau Chief shall not be deemed
   to  be  a  party  to  a  proceeding designated for a hearing before an
   administrative law judge pursuant to this paragraph (g).

   (i)  Commission  ruling.  The Commission (or the Enforcement Bureau on
   delegated authority), after consideration of the pleadings, shall issue an
   order ruling on the complaint.

   [ 76 FR 59232 , Sept. 23, 2011, as amended at  80 FR 19848 , Apr. 13, 2015]

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