- (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]