Goto Section: 1.735 | 1.737 | Table of Contents
Revised as of November 24, 2020
Goto Year:2020 |
§ 1.736 Accelerated Docket Proceedings.
(a) With the exception of complaint proceedings under 47 U.S.C. 255,
617, and 619, and part 14 of this chapter, parties to a formal
complaint proceeding against a common carrier, or a pole attachment
complaint proceeding against a cable television system operator, a
utility, or a telecommunications carrier, may request inclusion on the
Accelerated Docket. Proceedings on the Accelerated Docket must be
concluded within 60 days, and are therefore subject to shorter pleading
deadlines and other modifications to the procedural rules that govern
formal complaint proceedings.
(b) A complainant that seeks inclusion of a proceeding on the
Accelerated Docket shall submit a request to the Chief of the
Enforcement Bureau's Market Disputes Resolution Division, by phone and
in writing, prior to filing the complaint.
(c) Within five days of receiving service of any formal complaint
against a common carrier, or a pole attachment complaint against a
cable television system operator, a utility, or a telecommunications
carrier, a defendant may submit a request seeking inclusion of the
proceeding on the Accelerated Docket to the Chief of the Enforcement
Bureau's Market Disputes Resolution Division. The defendant shall
submit such request by phone and in writing, and contemporaneously
transmit a copy of the written request to all parties to the
(d) Commission staff has discretion to decide whether a complaint, or
portion of a complaint, is suitable for inclusion on the Accelerated
(e) In appropriate cases, Commission staff may require that the parties
participate in pre-filing settlement negotiations or mediation under
(f) If the parties do not resolve their dispute and the matter is
accepted for handling on the Accelerated Docket, staff will establish
the schedule and process for the proceeding.
(g) 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.
(h) In Accelerated Docket proceedings, the Commission may conduct a
minitrial, or a trial-type hearing, as an alternative to deciding a
case on a written record. Minitrials shall take place no later than
between 40 and 45 days after the filing of the complaint. A Commission
Administrative Law Judge (“ALJ”) or staff may preside at the minitrial.
(i) 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 Accelerated Docket
proceedings which raise issues that may not be decided on delegated
authority (see 47 U.S.C. 155(c)(1); 47 CFR 0.331(c)), the staff
decision 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 shall do so by filing comments
challenging the decision within 15 days of its release. Opposition
comments, shall be filed within 15 days of the comments challenging the
decision; reply comments shall may be filed 10 days thereafter and
shall be limited to issues raised in the opposition comments.
(j) 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.
[ 83 FR 44832 , Sept. 4, 2018]
Goto Section: 1.735 | 1.737
Goto Year: 2020 |
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