Goto Section: 1.723 | 1.725 | Table of Contents
Revised as of October 1, 2014
Goto Year:2013 |
§ 1.724 Answers.
(a) Subject to paragraph (k) of this section governing Accelerated
Docket proceedings, any carrier upon which a copy of a formal complaint
is served shall answer such complaint in the manner prescribed under
this section within twenty days of service of the formal complaint by
the complainant, unless otherwise directed by the Commission.
(b) The answer shall advise the complainant and the Commission fully
and completely of the nature of any defense, and shall respond
specifically to all material allegations of the complaint. Every effort
shall be made to narrow the issues in the answer. The defendant shall
state concisely its defense to each claim asserted, admit or deny the
averments on which the complainant relies, and state in detail the
basis for admitting or denying such averment. General denials are
prohibited. Denials based on information and belief are expressly
prohibited unless made in good faith and accompanied by an affidavit
explaining the basis for the defendant's belief and why the defendant
could not reasonably ascertain the facts from the complainant or any
other source. 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
defendant shall specify so much of it as is true and shall deny only
the remainder. The defendant may deny the allegations of the complaint
as specific denials of either designated averments or paragraphs.
(c) The answer shall contain proposed findings of fact, conclusions of
law, and legal analysis relevant to the claims and arguments set forth
in the answer.
(d) Averments in a complaint or supplemental complaint filed pursuant
to § 1.722 are deemed to be admitted when not denied in the answer.
(e) Affirmative defenses to allegations contained in the complaint
shall be specifically captioned as such and presented separately from
any denials made in accordance with paragraph (c) of this section.
(f) The answer shall include an information designation containing:
(1) The name, address, and position of each individual believed to have
firsthand knowledge of the facts alleged with particularity in the
answer, along with a description of the facts within any such
(2) A description of all documents, data compilations and tangible
things in the defendant's possession, custody, or control, that are
relevant to the facts alleged with particularity in the answer. Such
description shall include for each document:
(i) The date it was prepared, mailed, transmitted, or otherwise
(ii) The author, preparer, or other source;
(iii) The recipient(s) or intended recipient(s);
(iv) Its physical location; and
(v) A description of its relevance to the matters in dispute.
(3) A complete description of the manner in which the defendant
identified all persons with information and designated all documents,
data compilations and tangible things as being relevant to the dispute,
including, but not limited to, identifying the individual(s) that
conducted the information search and the criteria used to identify such
persons, documents, data compilations, tangible things, and
(g) The answer shall attach copies of all affidavits, documents, data
compilations and tangible things in the defendant's possession,
custody, or control, upon which the defendant relies or intends to rely
to support the facts alleged and legal arguments made in the answer.
(h) The answer shall contain certification that the defendant has, in
good faith, discussed or attempted to discuss, the possibility of
settlement with the complainant prior to the filing of the formal
complaint. Such certification shall include a brief summary of all
steps taken to resolve the dispute prior to the filing of the formal
complaint. If no such steps were taken, such certificate shall state
the reason(s) why the defendant believed such steps would be fruitless;
(i) Where the complaint is filed pursuant to 47 U.S.C. 271(d)(6)(B),
the defendant shall clearly indicate its willingness to waive the
90-day resolution deadline contained within 47 U.S.C. 271(d)(6)(B), in
accordance with the requirements of § 1.736.
(j) The defendant may petition the staff, pursuant to § 1.3, for a
waiver of any of the requirements of this section. Such waiver may be
granted for good cause shown.
(k) Accelerated Docket Proceedings. For the purpose of this paragraph
(k), the term document also shall include data compilations and
(1) Any party named as a defendant in an Accelerated Docket formal
complaint shall answer such complaint in the manner prescribed under
this section within ten days of service of the complaint by the
complainant, unless otherwise directed by the Commission. Except as set
forth in this paragraph (k), answers in Accelerated Docket proceedings
shall comply with the requirements of this section.
(2) The requirement in § 1.720(c) and paragraph (g) of this section
that factual assertions be supported by affidavit shall not apply to
answers in Accelerated Docket proceedings. Nevertheless, allegations of
material fact, whether based on personal knowledge or information and
belief, that cannot be supported by documentation remain subject to the
provisions of § 1.52.
(3) Answers on the Accelerated Docket are not required to include
proposed findings of fact, conclusions of law, and legal analysis
relevant to the defenses and arguments set forth in the answer, as
required in paragraph (c) of this section. Nevertheless, answers on the
Accelerated Docket shall fully set out the facts and legal theories on
which the defendant premises its defenses.
(4) In light of the requirement for staff-supervised settlement
negotiations required in § 1.730(b), answers on the Accelerated Docket
are not required to include a certification that the defendant has
discussed, or attempted to discuss, the possibility of settlement with
the complainant, as required in paragraph (h) of this section.
(5) As required in § 1.729(i)(1), answers on the Accelerated Docket
shall be accompanied, when served on complainants, by copies of
documents, within the defendant's possession, custody or control, that
are likely to bear significantly on the issues raised in the
proceeding. Unless otherwise directed, these documents shall not be
filed with the Commission. In light of this automatic document
production requirement, answers on the Accelerated Docket are not
required to include a description of all relevant documents in the
defendant's possession, custody or control, as required in paragraph
(f)(2) of this section.
(6) Answers on the Accelerated Docket are not required to provide the
description, required in paragraph (f)(3) of this section, of the
manner in which the defendant identified persons with knowledge of, and
documents relevant to, the dispute.
(7) In Accelerated Docket proceedings, the defendant, as required in
§ 1.729(i)(1), shall serve, contemporaneously with its answer, the
complainant(s) with copies of documents, within the defendant's
possession, custody or control, that are likely to bear significantly
on the issues raised in the complaint and/or the answer.
[ 53 FR 11853 , Apr. 11, 1988, as amended at 58 FR 25572 , Apr. 27, 1993;
63 FR 1037 , Jan. 7, 1998; 63 FR 41446 , Aug. 4, 1998; 66 FR 16617 , Mar.
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Goto Section: 1.723 | 1.725
Goto Year: 2013 |
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