§  1.736   Accelerated Docket Proceedings.

   (a) With the exception of complaint proceedings under 47 U.S.C. 255,
   617, and 619, and part 14 of this chapter, parties to a formal
   complaint proceeding against a common carrier, or a pole attachment
   complaint proceeding against a cable television system operator, a
   utility, or a telecommunications carrier, may request inclusion on the
   Accelerated Docket. Proceedings on the Accelerated Docket must be
   concluded within 60 days, and are therefore subject to shorter pleading
   deadlines and other modifications to the procedural rules that govern
   formal complaint proceedings.

   (b) A complainant that seeks inclusion of a proceeding on the
   Accelerated Docket shall submit a request to the Chief of the
   Enforcement Bureau's Market Disputes Resolution Division, by phone and
   in writing, prior to filing the complaint.

   (c) Within five days of receiving service of any formal complaint
   against a common carrier, or a pole attachment complaint against a
   cable television system operator, a utility, or a telecommunications
   carrier, a defendant may submit a request seeking inclusion of the
   proceeding on the Accelerated Docket to the Chief of the Enforcement
   Bureau's Market Disputes Resolution Division. The defendant shall
   submit such request by phone and in writing, and contemporaneously
   transmit a copy of the written request to all parties to the
   proceeding.

   (d) Commission staff has discretion to decide whether a complaint, or
   portion of a complaint, is suitable for inclusion on the Accelerated
   Docket.

   (e) In appropriate cases, Commission staff may require that the parties
   participate in pre-filing settlement negotiations or mediation under
   § 1.737.

   (f) If the parties do not resolve their dispute and the matter is
   accepted for handling on the Accelerated Docket, staff will establish
   the schedule and process for the proceeding.

   (g) If it appears at any time that a proceeding on the Accelerated
   Docket is no longer appropriate for such treatment, Commission staff
   may remove the matter from the Accelerated Docket either on its own
   motion or at the request of any party.

   (h) In Accelerated Docket proceedings, the Commission may conduct a
   minitrial, or a trial-type hearing, as an alternative to deciding a
   case on a written record. Minitrials shall take place no later than
   between 40 and 45 days after the filing of the complaint. A Commission
   Administrative Law Judge (“ALJ”) or staff may preside at the minitrial.

   (i) Applications for review of staff decisions issued on delegated
   authority in Accelerated Docket proceedings shall comply with the
   filing and service requirements in § 1.115(e)(4). In Accelerated Docket
   proceedings which raise issues that may not be decided on delegated
   authority (see 47 U.S.C. 155(c)(1); 47 CFR 0.331(c)), the staff
   decision will be a recommended decision subject to adoption or
   modification by the Commission. Any party to the proceeding that seeks
   modification of the recommended decision shall do so by filing comments
   challenging the decision within 15 days of its release. Opposition
   comments, shall be filed within 15 days of the comments challenging the
   decision; reply comments shall may be filed 10 days thereafter and
   shall be limited to issues raised in the opposition comments.

   (j) If no party files comments challenging the recommended decision,
   the Commission will issue its decision adopting or modifying the
   recommended decision within 45 days of its release. If parties to the
   proceeding file comments to the recommended decision, the Commission
   will issue its decision adopting or modifying the recommended decision
   within 30 days of the filing of the final comments.

   [ 83 FR 44832 , Sept. 4, 2018]