§  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 § 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 § 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 § 0.460 or § 0.461 of this chapter. See § § 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 § 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.