[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR65.105]

[Page 357]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 65_INTERSTATE RATE OF RETURN PRESCRIPTION PROCEDURES AND METHODOLOGIES
--Table of Contents
 
                          Subpart B_Procedures
 
Sec. 65.105  Discovery.

    (a) Participants shall file with each rate of return submission 
copies of all information, including studies, financial analysts' 
reports, and any other documents relied upon by participants or their 
experts in the preparation of their submission. Information filed 
pursuant to this paragraph for which protection from disclosure is 
sought shall be filed subject to protective orders which shall be duly 
granted by the Chief, Wireline Competition Bureau, for good cause shown.
    (b) Participants may file written interrogatories and requests for 
documents directed to any rate of return submission and not otherwise 
filed pursuant to Sec. 65.105(a). The permissible scope of examination 
is that participants may be examined upon any matter, not privileged, 
that will demonstrably lead to the production of material, relevant, 
decisionally significant evidence.
    (c) Discovery requests pursuant to Sec. 65.105(b), including 
written interrogatories, shall be filed within 14 calendar days after 
the filing of the rate of return submission to which the request is 
directed. Discovery requests that are not opposed shall be complied with 
within 14 calendar days of the request date.
    (d) Oppositions to discovery requests made pursuant to Sec. 
65.105(b), including written interrogatories, shall be filed within 7 
calendar days after requests are filed. The Chief, Wireline Competition 
Bureau, shall rule upon any such opposition. Except as stayed by the 
Commission or a Court, any required response to a discovery request that 
is opposed shall be provided within 14 calendar days after release of 
the ruling of the Chief, Wireline Competition Bureau.
    (e) An original and 4 copies of all information described in Sec. 
65.105(a) and all requests, oppositions, and responses made pursuant to 
Sec. 65.105 (a), (b) and (d) shall be filed with the Secretary.
    (f) Service of requests, oppositions, and responses made pursuant to 
Sec. 65.105 (b) and (d) shall be made upon all participants who have 
filed a designation of service notice pursuant to Sec. 65.100(b). 
Service of requests upon participants who have filed designation of 
service notices pursuant to Sec. 65.100(b) shall be made by hand on the 
filing dates thereof.

[60 FR 28544, June 1, 1995, as amended at 67 FR 13229, Mar. 21, 2002]