Sec.  1.733   Status conference.

   (a) In any complaint proceeding, the Commission may, in its discretion,
   direct the attorneys and/or the parties to appear before it for a status
   conference. Unless otherwise ordered by the Commission, and with the
   exception of Accelerated Docket proceedings, governed by paragraph (i) of
   this section, an initial status conference shall take place, at the time and
   place designated by the Commission staff, ten business days after the date
   the answer is due to be filed. A status conference may include discussion
   of:

   (1) Simplification or narrowing of the issues;

   (2) The necessity for or desirability of additional pleadings or evidentiary
   submissions;

   (3) Obtaining admissions of fact or stipulations between the parties as to
   any or all of the matters in controversy;

   (4) Settlement of all or some of the matters in controversy by agreement of
   the parties;

   (5) Whether discovery is necessary and, if so, the scope, type and schedule
   for such discovery;

   (6) The schedule for the remainder of the case and the dates for any further
   status conferences; and

   (7) Such other matters that may aid in the disposition of the complaint.

   (b)(1) Subject to paragraph (i) of this section governing Accelerated Docket
   proceedings, parties shall meet and confer prior to the initial status
   conference to discuss:

   (i) Settlement prospects;

   (ii) Discovery;

   (iii) Issues in dispute;

   (iv) Schedules for pleadings;

   (v) Joint statement of stipulated facts, disputed facts, and key legal
   issues; and

   (vi) In a 47 U.S.C. 271(d)(6)(B) proceeding, whether or not the parties
   agree to waive the 47 U.S.C. 271(d)(6)(B) 90-day resolution deadline.

   (2) Subject to paragraph (i) of this section governing Accelerated Docket
   proceedings, parties shall submit a joint statement of all proposals agreed
   to and disputes remaining as a result of such meeting to Commission staff at
   least two business days prior to the scheduled initial status conference.

   (c) In addition to the initial status conference referenced in paragraph (a)
   of this section, any party may also request that a conference be held at any
   time after the complaint has been filed.

   (d) During a status conference, the Commission staff may issue oral rulings
   pertaining to a variety of interlocutory matters relevant to the conduct of
   a formal complaint proceeding including, inter alia, procedural matters,
   discovery, and the submission of briefs or other evidentiary materials.

   (e) Parties may make, upon written notice to the Commission and all
   attending parties at least three business days prior to the status
   conference, an audio recording of the Commission staff's summary of its oral
   rulings. Alternatively, upon agreement among all attending parties and
   written notice to the Commission at least three business days prior to the
   status conference, the parties may make an audio recording of, or use a
   stenographer to transcribe, the oral presentations and exchanges between and
   among the participating parties, insofar as such communications are
   “on-the-record” as determined by the Commission staff, as well as the
   Commission staff's summary of its oral rulings. A complete transcript of any
   audio recording or stenographic transcription shall be filed with the
   Commission as part of the record, pursuant to the provisions of paragraph
   (f)(2) of this section. The parties shall make all necessary arrangements
   for the use of a stenographer and the cost of transcription, absent
   agreement to the contrary, will be shared equally by all parties that agree
   to make the record of the status conference.

   (f) The parties in attendance, unless otherwise directed, shall either:

   (1) Submit a joint proposed order memorializing the oral rulings made during
   the conference to the Commission by 5:30 pm, Eastern Time, on the business
   day following the date of the status conference, or as otherwise directed by
   Commission staff. In the event the parties in attendance cannot reach
   agreement as to the rulings that were made, the joint proposed order shall
   include the rulings on which the parties agree, and each party's alternative
   proposed rulings for those rulings on which they cannot agree. Commission
   staff will review and make revisions, if necessary, prior to signing and
   filing the submission as part of the record. The proposed order shall be
   submitted both as hard copy and on computer disk in accordance with the
   requirements of  Sec. 1.734(d); or

   (2) Pursuant to the requirements of paragraph (e) of this section, submit to
   the Commission by 5:30 pm., Eastern Time, on the third business day
   following the status conference or as otherwise directed by Commission staff
   either:

   (i) A transcript of the audio recording of the Commission staff's summary of
   its oral rulings;

   (ii) A transcript of the audio recording of the oral presentations and
   exchanges between and among the participating parties, insofar as such
   communications are “on-the-record” as determined by the Commission staff,
   and the Commission staff's summary of its oral rulings; or

   (iii) A stenographic transcript of the oral presentations and exchanges
   between and among the participating parties, insofar as such communications
   are “on-the-record” as determined by the Commission staff, and the
   Commission staff's summary of its oral rulings.

   (g) Status conferences will be scheduled by the Commission staff at such
   time and place as it may designate to be conducted in person or by telephone
   conference call.

   (h) The failure of any attorney or party, following reasonable notice, to
   appear at a scheduled conference will be deemed a waiver by that party and
   will not preclude the Commission staff from conferring with those parties
   and/or counsel present.

   (i) Accelerated Docket Proceedings. (1) In Accelerated Docket proceedings,
   the initial status conference will be held 10 days after the answer is due
   to be filed.

   (2) Prior to the initial status conference, the parties shall confer, either
   in person or by telephone, about:

   (i) Discovery to which they can agree;

   (ii) Facts to which they can stipulate; and

   (iii) Factual and legal issues in dispute.

   (3) Two days before the status conference, parties shall submit to
   Commission staff a joint statement of:

   (i) The agreements that they have reached with respect to discovery;

   (ii) The facts to which they have agreed to stipulate; and

   (iii) The disputed facts or legal issues of which they can agree to a joint
   statement.

   (4) Two days before the status conference, each party also shall submit to
   Commission staff a separate statement which shall include, as appropriate,
   the party's statement of the disputed facts and legal issues presented by
   the complaint proceeding and any additional discovery that the party seeks.
   A complainant that wishes to reply to a defendant's affirmative defense
   shall do so in its pre-status-conference filing. To the extent that this
   filing contains statements replying to an affirmative defense, the
   complainant shall include, and/or serve with the statement, the witness
   information and documents required in  Sec. 1.726(g)(3)–(4). A defendant that
   intends to rely on expert evidence shall include its expert statement in its
   pre-status conference filing. (See  Sec. 1.729(i)(4)(ii).)

   [ 53 FR 11855 , Apr. 11, 1988. Redesignated and amended at  58 FR 25573 , Apr.
   27, 1993;  63 FR 1039 , Jan. 7, 1998;  63 FR 41449 , Aug. 4, 1998]