missioner or, if a Commissioner has been designated to hear the case, by such Commissioner. When such Commissioner is not available, the Motions Commissioner may act.

§ 1.743 Action by Hearing Examiner. (a) After a Hearing Examiner has been designated to preside at a hearing, all motions, petitions and other pleadings, except those described in paragraph (b) of this section, which would be acted upon by the Motions Commissioner in accordance with § 1.742, shall be acted upon by the Hearing Examiner. If the Hearing Examiner is not available, the Motions Commissioner may act.

(b) Petitions to intervene, to dismiss an application or proceeding, or any motion or petition filed after an initial decision is issued will be acted upon in accordance with the provisions of either §§ 1.741 or 1.742.

§ 1.744 Motions calendar: Time of calling and place; continuances. (a) There shall be a weekly Motions calendar consisting of two parts:

(1) Motions to be acted upon by the Motions Commissioner; and

(2) Motions to be acted upon by presiding officers.

(b) Each part of the motions calendar shall be called at the offices of the Commission at such times as the Motions Commissioner shall designate.

or

(c) The Motions Commissioner Commissioner designated to preside at a hearing or a Hearing Examiner may continue any motion, petition or other pleading, and may upon notice, hear any motion at any time.

§1.745 Time for filing motions. Unless it is found that irreparable injury would be caused to one of the parties or the public interest so requires, no motion, petition, or other pleading shall be called, considered, or determined in the absence of consent by all parties unless it shall have been on file, accompanied by proof of service upon all parties, for a period of four days.

1.746 Oppositions. Any party or the General Counsel of the Commission may file a pleading in opposition within the time specified in § 1.745 and may be heard thereon on the day designated for hearing of the motion, petition, or other pleading.

$1.747 Procedure in Motions calendar. Upon the request of any party or

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the General Counsel of the Commission, oral argument with respect to any contested matter on the Motions calendar may be heard before the Motions Commissioner, the Commissioner designated to preside at a hearing, or the Hearing Examiner. Failure of any party to request oral argument shall be deemed a waiver of his rights thereto; except that such request may be made after an opposition is filed by any other party. If oral argument is waived by any party, such motion or opposition shall be considered together with any pleadings or briefs which may be filed in support thereof. The waiving of oral argument by any party shall not preclude oral argument by any other party who makes timely request therefor. A motion duly

served on all parties may be granted without oral argument if no opposition thereto has been timely filed, unless, in the discretion of the Motions Commissioner, the Commissioner designated to preside, or the Hearing Examiner, oral argument appears necessary prior to action, in which event, he may order such argument. If oral argument has not been requested by any party, the Motions Commissioner, the Commissioner designated to preside, or the Hearing Examiner may, in his discretion, order oral argument.

§ 1.748 Number of copies. Eight copies of each motion, petition, or opposition thereto shall be filed unless the subject matter requires consideration by the Commission en banc or a Board Committee of Commissioners, in which event 15 copies shall be filed.

or

§ 1.749 Rulings. Each motion or petition shall be disposed of by written order of which public notice shall promptly be given. The order upon contested motions or petitions shall contain a brief statement of the reasons for the ruling therein, unless such order is self-explanatory, or is merely the affirmance of a prior denial in which reasons have been given.

§ 1.750 Review of adverse ruling. (a) Any interested party may obtain review by the Commission of an adverse ruling with respect to any petition or motion by (1) filing within two days a petition for review; or (2) by stating his exception on the record in the hearing and requesting that it be carried forward therein.

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(b) Failure to make timely request for review or to state an exception on the record, shall be deemed a waiver of any right to review.

of

§ 1.751 Limitation on length pleadings in adjudicatory proceedings. No pleading filed with the Commission or Motions Commissioner by any party to any adjudicatory proceeding which has been designated for hearing which relates to an appeal from an interlocutory ruling of an examiner, or the Motions Commissioner, or to matters covered by section 0.222 of the rules, or to petitions for reconsideration and grant without hearing of applications previously designated for hearing, will be accepted for filing if the pleadings exceed 15 double spaced typewritten pages: Provided, That parties may, in a separate pleading, request permission to file pleadings on matters covered by this section of more than 15 pages, which permission will be granted upon good cause shown. Such requests must be filed in the case of the petition for reconsideration and grant without hearing within ten days of the mailing of the notice of designation for hearing by the Commission, and in all other matters covered by this section, within two days of the ruling in question. The two-day requirement of § 1.750 shall be operative only after disposal of the request for permission to file a pleading exceeding the limit here specified.

SPECIFICATIONS AND SERVICE OF PLEADINGS AND OTHER PAPERS

§ 1.761 Cross reference. Rules governing applications and reports under title III of the Communications Act are contained in Subpart D of this part. Rules governing applications, reports and complaints under title II of the Communications Act are contained in Subpart E of this part.

§ 1.762 Specifications as to pleadings and documents. All pleadings and documents (except briefs) filed in any proceeding shall, unless otherwise specifically provided herein, be on paper either 8 by 10% or 81⁄2 by 13 or 14 inches, with left-hand margin not less than 12 inches wide. This requirement shall not apply to original documents, or admissible copies thereof, offered as exhibits or to specially prepared exhibits. The impression shall be on one side of the paper only and shall be double-spaced, except that long quotations shall be

single-spaced and indented. All papers. except charts and maps, shall be typewritten or prepared by mechanical processing methods, other than letterpress or printed. The foregoing shall not apply to official publications. All copies must be clearly legible.

§ 1.763 Briefs. Briefs may be printed, typewritten, mimeographed, or multigraphed. Printed briefs shall be in 10or 12-point type, on good unglazed paper, 5% inches wide by 9 inches long, with inside margin not less than 11⁄2 inches wide, and with double-leaded text and single-leaded citations.

§ 1.764 Number of copies. Unless otherwise specifically provided, an original and 14 copies of all petitions, motions, pleadings, briefs and other documents required or permitted to be filed under these rules shall be furnished the Commission, and one extra copy for each party to the proceeding when service is made by the Commission.

§ 1.765 Subscription and verification. All petitions, motions, pleadings, briefs, and other documents filed by any party represented by an attorney, shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign and verify the document and state his address. Except when otherwise specifically provided by rule or statute, documents signed by the attorney for a party need not be verified or accompanied by affidavit. The signature of an attorney constitutes a certificate by him that he has read the document; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If a document is not signed or is signed with intent to defeat the purpose of this section, it may be stricken as sham and false and the matter may proceed as though the document had not been filea. For a willful violation of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted.

§ 1.766 Amendments to pleadings. Any pleading may be amended as a matter of right if filed with the Commission not less than 30 days prior to the date set for hearing in the proceeding in which the pleading is filed. Thereafter, requests for leave to amend will be con

sidered only upon written motion. Amendments, amended pleadings, or requests for leave to amend must be served upon all parties of record.

§ 1.767 Service of documents and proof of service. All pleadings, petitions, motions, briefs, or other documents filed in any proceeding shall be served by the party filing the same upon all parties of record, at or prior to the date fixed by these rules for the filing thereof, as follows:

(a) Service upon common carriers shall be made as provided in section 413 of the Communications Act of 1934, as amended.

(b) In all other cases whenever under the regulations in this part service is required or permitted to be made upon a party, and such party is represented by an attorney of record in the proceeding, the service shall be made upon the attorney. Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last-known address. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at his office with his clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein, or, if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing.

Proof of service as provided in the foregoing shall be made by appropriate certificate describing the service which shall be signed and attached to the original and copies of which shall be attached to all copies filed with the Commission. If service has been made by a delivery of a copy to the attorney, written acknowledgment thereof on the original filed will be considered proof of service; in such case an appropriate notation of such acknowledgment shall be made on all copies filed.

(c) Applications under title II of the Communications Act, which require service, and formal complaints, supplemental complaints, cross complaints, and amended complaints under title II will be served by the Commission.

Service

by the Commission upon common carriers shall be by leaving a copy of any document requiring service with the designated agent of such carrier at his office

or usual place of residence in the District of Columbia, and if no such agent is designated, then service may be made by posting such notice, process, order, decision, or pleading in the office of the Secretary of the Commission.

The

§ 1.768 Withdrawal of papers. granting of a request to dismiss or withdraw an application or a pleading does not authorize the removal of such application or pleading from the Commission's records. No application or other document once officially filed shall be returned unless the Commission shall, for good cause shown, order such return. SUBPART G-RULES RELATING TO HEARINGS 1 AND DECISIONS 1

§ 1.801 Informal hearings. The Commission may upon petition by any person or upon its own motion hold such informal hearings as it may deem necessary from time to time in connection with the investigation of any matter which it has power to investigate under the law, or for the purpose of obtaining information necessary or helpful in the determination of its policies, the carrying out of its duties or the formulation or amendment of its rules and regulations. For such purposes it may subpena witnesses and require the production of testimony as in formal hearings but the procedure to be followed shall be such as in the opinion of the Commission will best serve the purposes of such hearing.

FORMAL HEARINGS

§ 1.802 Official reporter; transcript. The Commission will designate from time to time an official reporter for the taking down and transcribing of hearing proceedings. No transcript of the testimony taken, or argument had, at any hearing will be furnished by the Commission, but will be open to inspection under section 0.406 of the Statement of Organization, Delegations of Authority and Other Information. Copies of such transcript, if desired, may be obtained from the official reporter upon payment of the charges therefor.

§1.803 Notice of hearing. Reasonable notice of hearing will be given to all parties to a proceeding. Such notice shall include:

(a) A statement as to the time, place and nature of the hearing. If the time

See footnote to Subpart D.

and place are not specified in the initial notice, the notice will indicate that the time and place will be designated by subsequent notice.

(b) A statement as to the legal authority and jurisdiction under which the hearing is to be held.

(c) A statement of the matters of fact and law involved

CONTINUANCES AND PREHEARING
CONFERENCES

§ 1.811 Continuances and extensions. Continuances of any proceeding or hearing and extensions of time for making any filing or performing any act required or allowed to be done within a specified time may be granted upon motion for good cause shown, unless the time for performance or filing is limited by statute.

§ 1.812 Postponement or change of place. The Commission or the presiding officer may recess or adjourn a hearing for such time as may be deemed necessary, and may change the place thereof.

(a)

§ 1.813 Prehearing conferences. The Commission or the presiding officer on its or his initiative, or at the request of any party, may direct the parties or their attorneys to appear at a specified time and place for a conference prior to or during the course of a hearing, or to submit suggestions in writing, for the purpose of considering, among other things, the following matters:

(1) The necessity or desirability of simplification, clarification, amplification or limitation of the issues;

(2) The possibility of stipulating with respect to facts;

(3) The procedure at the hearing; (4) The limitation of the number of witnesses;

(5) The necessity or desirability of prior mutual exchange between or among the parties of prepared testimony and exhibits;

(6) In cases arising under Title II of the act, the necessity or desirability of amending the pleadings and offers of settlement or proposals of adjustment.

(b) An official transcript of the conference shall be made and action taken at or on the basis of the conference, including agreements reached between the parties, shall be incorporated by the Hearing Examiner in an order issued as promptly as may be feasible subsequent

to the conclusion of the conference. All agreements will be subject to such ruling as the Examiner may make upon appropriate objection and, to be effective, must be found to be acceptable and approved by the Hearing Examiner.

DEPOSITIONS

§ 1.821 Depositions on notice—(a) Notice of examination: time and place. A party to a hearing desiring to take the deposition of any person shall give reasonable notice in writing to every other party. The notice shall state the time and place for taking the deposition, the name and address of each person to be examined, if known, and if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs, and the matters with which the deposition will be concerned. On motion of any party upon whom the notice is served, the Commission may, for cause shown, enlarge or shorten the time.

(b) Orders for the protection of parties and deponents. After notice is served for taking a deposition, upon motion, seasonably made by any party or by the person to be examined, and upon notice and for good cause shown, the Commission may make an order that the deposition shall not be taken, or that it may be taken only at some designated place other than that stated in the notice, or that it may be taken only on written interrogatories, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, or that the examination shall be held with no one present except the parties to the action and their officers or counsel, or that after being sealed the deposition shall be opened only by order of the Commission; or that Commission may make any other order which justice requires to protect the party or witness from annoyance, embarrassment, or oppression.

§ 1.822 Persons before whom depositions may be taken—(a) Qualifications. Depositions shall be taken before any judge of any court of the United States, or any United States commissioner, or any clerk of a district court, or any chancellor, justice or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to any