§ 1.724   Complaints governed by section 208(b)(1) of the Act.

   (a) Any party that intends to file a complaint subject to the 5-month
   deadline in 47 U.S.C. 208(b)(1) must comply with the pre-complaint
   procedures below. The Enforcement Bureau's Market Disputes Resolution
   Division will not process complaints subject to the 5-month deadline
   unless the filer complies with these procedures.

   (b) A party seeking to file a complaint subject to 47 U.S.C. 208(b)(1)
   shall notify the Chief of the Market Disputes Resolution Division in
   writing of its intent to file the complaint, and provide a copy of the
   letter to the defendant. Commission staff will convene a conference
   with both parties as soon as practicable. During that conference, the
   staff may discuss, among other things:

   (1) Scheduling in the case;

   (2) Narrowing factual and legal issues in dispute;

   (3) Information exchange and discovery necessary to adjudicate the
   dispute;

   (4) Entry of a protective order governing confidential material; and

   (5) Preparation for and scheduling a mandatory settlement negotiation
   session at the Commission.

   (c) Staff will endeavor to complete the pre-complaint process as
   expeditiously as possible. Staff may direct the parties to exchange
   relevant information during the pre-complaint period.

   [ 83 FR 44832 , Sept. 4, 2018]

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