[Federal Register Volume 63, Number 50 (Monday, March 16, 1998)]
[Notices]
[Pages 12802-12804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6654]
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FEDERAL COMMUNICATIONS COMMISSION
Public Information Collections Approved by Office of Management
and Budget
March 9, 1998.
The Federal Communications Commission (FCC) has received Office of
Management and Budget (OMB) approval for the following public
information collections pursuant to the Paperwork Reduction Act of
1995, Pub. L. 104-13. An agency may not conduct or sponsor and a person
is not required to respond to a collection of information unless it
displays a currently valid control number. For further information
contact Shoko B. Hair, Federal Communications Commission, (202) 418-
1379.
Federal Communications Commission
OMB Control No.: 3060-0411.
Expiration Date: 02/28/2001.
Title: Procedures for Formal Complaints Filed Against Common
Carriers.
Form No.: FCC Form 485.
Respondents: Business or other for-profit, states, individuals or
households, not-for-profit institutions, federal government.
Estimated Annual Burden: 5345 respondents; 2.06 hours per response
(avg.); 11,026 total annual burden hours.
Estimated Annual Reporting and Recordkeeping Cost Burden: $57,000.
Frequency of Response: On occasion; One-time requirement.
Description: Sections 206 to 209 of the Communications Act of 1934,
as amended, provide the statutory framework for our current rules for
resolving formal complaints filed against common carriers. Section
208(a) authorizes complaints by any person ``complaining of anything
done or omitted to be done by any common carrier'' subject to the
provisions of the Act. Section 208(a) specifically states that ``it
shall be the duty of the Commission to investigate the matters
complained of in such manner and by such means as it shall deem
proper.'' In 1988, Congress added subsection 208(b) to require that any
complaint filed with the Commission concerning the lawfulness of a
common carrier's charges, practices, classifications or regulations
must be resolved by the Commission in a final, appealable order within
12 months from the date filed, or 15 months from the date filed if
``the investigation raises questions of fact of * * * extraordinary
complexity.'' Except in very rare circumstances, formal complaints are
decided on the basis of a paper record. The Telecommunications Act of
1996 added and, in some cases, amended key complaint provisions that,
because of their resolution deadlines, necessitate substantial
modification of our current rules and policies for processing formal
complaints filed against common carriers pursuant to Section 208 of the
Act.
a. Service. Pursuant to amended rule 47 CFR 1.735, the complainant
must personally serve the complaint on the defendant, as well as serve
copies of the complaint with the Mellon Bank, the Secretary of the
Commission, and the responsible Bureau or Bureaus. Parties must serve
all pleadings subsequent to the complaint by (1) hand delivery; (2)
overnight delivery; or (3) facsimile transmission followed by mail
delivery. (No. of respondents: 760; hours per response: 1 hour; total
annual burden: 760 hours).
b. Pleading Content Requirements. See 47 CFR 1.734 for
specifications for pleadings, briefs and other documents. Pursuant to
amended rules 47 CFR 1.721, 1.724, 1.726, documents on which a party
intends to rely must be attached to the complaint, answer, and reply,
including an inventory of all such documents, with an explanation of
how the party decided that each particular document was relevant to the
issues in dispute. Parties are required to attach copies of documents
rather than identify them, and to explain why and how each document is
relevant to the matters in dispute. Pursuant to amended rules 47 CFR
1.721, 1.724, 1.726, and 1.727, the complaint, answer, reply and any
motions seeking dispositive orders must contain proposed findings of
fact, conclusions of law, and supporting legal analysis. See 47 CFR
1.720 for general pleading requirements. See also 47 CFR 1.736 for
complaints filed pursuant to Section 276 of the Telecommunications Act.
Pursuant to amended rule 47 CFR 1.721, the complaint must contain a
verification of payment of the filing fee, a certificate of service, a
certification that the complainant has discussed the possibility of
settlement with the defendant, including a statement that the
complainant mailed a certified letter outlining the allegations that
form the basis of the complaint it anticipated filing with the
Commission to the defendant carrier that invited a response within a
reasonable period of time and a brief summary of all additional steps
taken to resolve the dispute prior to the filing of the formal
complaint, and, if damages are claimed, either a computation of damages
or an explanation why a computation of damages cannot be submitted.
Pursuant
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to amended rule 47 CFR 1.724, the answer must contain certification
that the defendant discussed the possibility of settlement with the
complainant prior to the filing of the formal complaint. Pursuant to
amended rule 47 CFR 1.727, motions to compel must contain certification
that attempts to settle the discovery dispute were made prior to filing
the motion. Pursuant to amended rule 47 CFR 1.725, parties are
prohibited from filing cross-complaints or counterclaims. A defendant
to a formal complaint may, however, file claims arising out of the same
set of facts as such complaint as a separate formal complaint. See 47
CFR 1.723 for requirements for joinder of complaints and causes of
action. Any document purporting to be a formal complaint which does not
state cause of action will be dismissed. Any other pleading filed in a
formal complaint proceeding not in conformity with the requirements of
the applicable Commission rules will be deemed defective. See 47 CFR
1.728. (No. of respondents: 760; hours per response: 3.0 hours; total
annual burden: 2,280 hours).
c. Discovery. Pursuant to rule 47 CFR 1.729 complainants must file
and serve any requests for interrogatories, up to a limit of 10,
concurrently with their complaints, defendants must file and serve any
requests for interrogatories, up to a limit of 10, prior to or
concurrently with their answer, and complainants must file and serve
any requests for interrogatories that are directed solely at facts
underlying affirmative defenses asserted by the defendant in its
answer, up to a limit of 5, within 3 calendar days of service of the
defendant's answer. Individuals who are provided access to proprietary
information shall sign a notarized statement affirmatively stating that
the individual has personally reviewed the Commission's rules and
understands the limitations they impose on the signing party. Parties
must maintain a log recording the number of copies made of all
proprietary materials and the persons to whom the copies have been
provided. Upon termination of a formal complaint proceeding, all
originals and reproduction of any proprietary materials disclosed in
that proceeding, along with the log recording persons who received
copies of such materials, shall be provided to the producing party. See
47 CFR 1.731. (No. of respondents: 760; hours per response: 2.25 hours;
total annual burden: 1,425 hours).
d. Scanning. Pursuant to amended rule 47 CFR 1.729, the Commission
may impose a scanning or other electronic formatting requirement for
submission of large numbers of documents in certain cases. (No. of
respondents: 38; hours per response: 5 hours; total annual burden: 190
hours).
e. Damages. Damages must be specifically requested. See 47 CFR
1.722. Pursuant to amended rule 47 CFR 1.722, where the Commission has
ordered parties to attempt to negotiate a damages amount according to
an approved damages formula, the parties must submit to the Commission,
within thirty days, the written results of such negotiations. The
written statement shall contain one of the following: (1) The parties'
agreement as to the amount of damages; (2) a statement that the parties
are continuing to negotiate in good faith and a request for an
extension of time to continue such negotiations; or (3) the bases for
the continuing dispute and the reasons why no agreement can be reached.
(No. of respondents: 380; hours per response: 1 hour per filing; total
annual burden: 380 hours).
f. Briefs. Pursuant to amended rule 47 CFR 1.732, briefs may be
prohibited or limited. Where permitted, briefs must contain all claims
and defenses that the party wants the Commission to address. Each brief
must attach all documents on which it relies and explain how each
attachment is relevant to the issues. Brief length has been shortened
to 25 pages for initial briefs and 10 pages for reply briefs. See also
47 CFR 1.734 for specifications for briefs and other documents. (No. of
respondents: 760; hours per response: 3 hours; total annual burden:
2280 hours).
g. Designation of Agent for Service. Pursuant to amended rule 47
CFR 1.47(h), the Commission will maintain a directory of agents
designated by carriers to receive service of process. The directory
will list, for both the carrier and its agent(s), names, addresses,
telephone or voice-mail numbers, facsimile numbers, and Internet e-mail
addresses if available. In addition, the carrier shall list any other
names by which it is known or under which it does business. If the
carrier is an affiliated company, the carrier must also list its
parent, holding, or management company. Parties are required to notify
the Commission within one week of any changes in their designated
agents. Parties will be required to designate their service agent(s) to
the Commission by filing the required information with the Formal
Complaints and Investigations Branch of the Common Carrier Bureau. (No.
of respondents: 4965; hours per response: .25 hours; total annual
burden: 1,241.25 hours).
h. Joint Statement of Stipulated Facts and Status Conferences.
Pursuant to amended rule 47 CFR 1.732(h), parties must file a joint
statement of stipulated facts, disputed facts and key legal issues at
least two business days prior to the initial status conference.
Pursuant to amended rule 47 CFR 1.733(b), parties must file a joint
statement of proposals agreed to and disputes remaining as the result
of a meet and confer conference at least two business days prior to the
scheduled initial status conference. Pursuant to amended rule 47 CFR
1.733(f), following every status conference, parties must file a joint
proposed order, including alternative proposed orders where the parties
are unable to agree, memorializing the oral rulings made during the
status conference or file a transcript of either the audio recording or
stenographic transcription of the oral rulings made during the status
conference. (No. of respondents: 760; hours per response: 2 hours;
total annual burden: 1520 hours).
i. Filing of Copies of Proposed Orders on Disks. Pursuant to
amended rule 1.734(d) all proposed orders must be submitted both as
hard copies and on computer disk formatted to be compatible with the
Commission's computer system and using the Commission's current
wordprocessing software. Each disk should be clearly labelled with the
submitting party's name, proceeding, type of pleading, and date of
submission. Each disk should be accompanied by a cover letter. This
requirement may be waived upon a showing of good cause. (No. of
respondents: 760; hours per response: .5 hours; total annual burden:
380 hours).
j. FCC 485--Intake Form. Pursuant to 47 CFR 1.721(a)(12), the
complainant must submit a completed intake form with any formal
complaint to indicate that the complaint satisfies the procedural and
substantive requirements under the Act and our rules. The completed
intake form must also identify all relevant statutory provisions, any
relevant procedural history of the case, and, in the case of a Section
271(d)(6)(B) complaint, whether the complainant desires to waive the
90-day resolution deadline. (No. of respondents: 380; hours per
response: .5 hours per filing; total annual burden: 190 hours). A
public notice will be issued to announce the availability of FCC Form
485. The information has been and is currently being used by the
Commission to determine the sufficiency of the complaint and to resolve
the merits of the dispute between the parties. Obligation to respond:
Required to obtain or retain benefits. Public reporting burden for the
collections of information is as noted above. Send
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comments regarding the burden estimate or any other aspect of the
collections of information, including suggestions for reducing the
burden to Performance Evaluation and Records Management, Washington,
D.C. 20554.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-6654 Filed 3-13-98; 8:45 am]
BILLING CODE 6712-01-P