47 C.F.R. § 1.729

Motions

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(a) A request for a Commission order shall be by written motion, stating with particularity the grounds and authority therefor, including any supporting legal analysis, and setting forth the relief sought.

(b) Motions to compel discovery must contain a certification by the moving party that a good faith attempt to resolve the dispute was made prior to filing the motion.

(d) Motions to dismiss all or part of a complaint are permitted. The filing of a motion to dismiss does not suspend any other filing deadlines under the Commission's rules, unless staff issues an order suspending such deadlines.

(e) Oppositions to motions shall be filed and served within 5 business days after the motion is served. Oppositions shall be limited to the specific issues and allegations contained in the motion; when a motion is incorporated in an answer to a complaint, the opposition to such motion shall not address any issues presented in the answer that are not also specifically raised in the motion. Failure to oppose any motion may constitute grounds for granting the motion.

(f) No reply may be filed to an opposition to a motion, except under direction of Commission staff.

[83 FR 44832, Sept. 4, 2018]

Notes of Decisions

Cited in 3 cases, 1995–2001 · leading case: Hi-Tech Furnace Sys., Inc. v. Fed. Commc'ns Comm'n, 224 F.3d 781 (D.C. Cir. 2000).

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Hi-Tech Furnace Sys., Inc. v. Fed. Commc'ns Comm'n, 224 F.3d 781 (D.C. Cir. 2000). · cites it 2× “” 47 C.F.R. § 1.729 (d). The regulations also authorize the Commission, in its discretion, to allow additional discovery, including depositions.”

Nat'l Commc'ns Ass'n v. AT & T Corp., 238 F.3d 124 (2d Cir. 2001). “See 47 C.F.R. § 1.729 (providing for discovery in FCC complaint proceedings against common carriers); IT&E Overseas, 13 F.”

Am. Message Centers v. Fed. Commc'ns Comm'n & United States of Am., Sprint Commc'ns Co., L.P., Intervenor, 50 F.3d 35 (D.C. Cir. 1995). “As AMC points out, the Commission’s rules do provide for self-executing discovery, see 47 C.F.R. §§ 1.729 & 1.730, but the Commission, recognizing the relatively circumscribed role of discovery in a fact-pleading system, has placed limitations on the scope and methods of…”

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