Sec.  1.325   Discovery and production of documents and things for inspection,
copying, or photographing.

   (a) A party to a Commission proceeding may request any other party except
   the Commission to produce and permit inspection and copying or
   photographing, by or on behalf of the requesting party, of any designated
   documents, papers, books, accounts, letters, photographs, objects, or
   tangible things which constitute or contain evidence within the scope of the
   examination permitted by  Sec. 1.311(b) of this part and which are in his
   possession, custody, or control or to permit entry upon designated land or
   other property in his possession or control for purposes of inspecting,
   measuring, surveying, or photographing the property or any designated object
   or operation thereon within the scope of the examination permitted by
    Sec. 1.311(b) of this part.

   (1) Such requests need not be filed with the presiding officer, but copies
   of the request shall be served on all other parties to the proceeding.

   (2) The party against whom the request was made must, within 10 days, comply
   with the request or object to the request, claiming a privilege or raising
   other proper objections. If the request is not complied with in whole or in
   part, the requesting party may file a motion to compel production of
   documents or access to property with the presiding officer. A motion to
   compel must be accompanied by a copy of the original request and the
   responding party's objection or claim of privilege. Motions to compel must
   be filed within five business days of the objection or claim of privilege.

   (3) In resolving any disputes involving the production of documents or
   access to property, the presiding officer may direct that the materials
   objected to be presented to him for in camera inspection.

   (b) Any party seeking the production of Commission records should proceed
   under  Sec. 0.460 or  Sec. 0.461 of this chapter. See  Sec.  Sec. 0.451 through 0.467.

   (c) In comparative broadcast proceedings involving applicants for only new
   facilities, all applicants will serve the materials listed in the Standard
   Document Production Order and the Standardized Integration Statement on all
   other parties in the case that have filed Notices of Appearance. The
   exchange of these materials must be accomplished within five days after the
   date established for filing notices of appearance (see  Sec. 1.221).

   (1) Standard Document Production Order. The following documents must be
   produced or objected to on grounds of privilege (Unless otherwise directed
   by the presiding officer, copies of these documents should not be filed with
   the presiding officer):

   (i) All formation and organizational documents, including articles of
   incorporation, by laws, partnership agreements, voting rights, proxies, and
   any amendments to the foregoing documents;

   (ii) All minutes of meetings relating to the application;

   (iii) All documents relating to the rights or plans of persons or entities
   to purchase an interest in the applicant or of current owners to alineate
   their interests;

   (iv) All documents relating to pledges, mortgages, security interests, or
   other encumbrances of any kind with respect to the applicant;

   (v) All bank letters and other financing documents with the dollar amounts
   unexpurgated;

   (vi) All documents relating to the applicant's proposed transmitter site;

   (vii) All documents relating to communications by proposed integrated
   principals with respect to their proposed participation in the management of
   the station and the disposition of their current employment;

   (viii) All documents relating to prior integration pledges made by
   principals who propose to be integrated into the management of the station
   at issue;

   (ix) All documents relating to communications by and between principals of
   the applicant concerning the application, including communications between
   active and passive principals;

   (x) Representative documents relating to enhancement credits and preferences
   sought by the applicant's principals for local residence, civic
   participation, past broadcast experience, minority/female status, and the
   like;

   (xi) All documents relating to commitments to divest other media interests;
   and

   (xii) All documents that identify or describe the principals who are
   responsible for completing the application, arranging financing, obtaining
   the applicant's transmitter site, publishing the required notices,
   establishing the local public inspection file, and retaining lawyers,
   engineers, and other professionals.

   (2) Standardized Integration Statement. On the same day that documents are
   exchanged pursuant to the Standardized Document Production Order, the
   following information must also be provided by all applicants (Copies of
   this statement should be filed with the presiding officer and served on all
   parties to the proceeding that have filed Notices of Appearance):

   (i) The ownership structure of the applicant, i.e., whether it is a
   partnership, limited partnership, or a corporation (if a corporation,
   indicate whether it has voting and non-voting stock);

   (ii) The ownership percentage of each owner;

   (iii) The identity of the owners who will work at the proposed station, what
   titles and duties they will have, how many hours they will work per week,
   and how they will reconcile any current business interests or employment
   with that commitment to the station;

   (iv) All other media interests held by the persons identified under
   paragraph (c)(2)(ii), of this section;

   (v) Whether the integrated owners will claim credit for minority or female
   ownership and if so, specifically on what basis;

   (vi) Whether the integrated owners will claim credit for local residence and
   civic involvement in the city of license or service area and if so,
   specifically on what basis (including a detailed chronology of past
   residence and a description of civic activities and their duration);

   (vii) Whether the integrated owners will claim credit for previous broadcast
   experience and if so, provide a detailed list of the stations they worked
   at, the titles and duties they had, and the years in which they were so
   employed; and

   (viii) Whether the applicant will claim a daytimer preference and if so,
   specifically on what basis.

   (3) Supplemental document production. Parties may request additional
   relevant documents, not called for in the Standard Document Production
   Order, at any time after the release of the designation order. Supplemental
   requests for documents based on materials exchanged pursuant to the
   Standardized Document Production Order and Standardized Integration
   Statement must be filed no later than ten days after those standardized
   exchanges. Other supplemental document requests must be filed no later than
   ten days after receipt of the information on which those requests are based.
   Supplemental document requests will be handled under the procedures
   established in paragraph (a) of this section. To facilitate the resolution
   of disputes concerning the production of documents, the presiding officer
   may convene a pre-hearing conference to hear argument on and dispose of any
   such disputes.

   [ 33 FR 463 , Jan. 12, 1968, as amended at  40 FR 39509 , Aug. 28, 1975;  56 FR 794 , Jan. 9, 1991;  56 FR 25639 , June 5, 1991]

Subpenas

   Authority:   Sections 1.331 and 1.333 through 1.340 are issued under sec.
   409, 48 Stat. 1096; 47 U.S.C. 409.