207 CMR, § 15.03 - Request for Expedited Review

(1) Parties to formal complaint proceedings against telecommunications carriers within the responsibility of the Department may request inclusion on the Department's Accelerated Docket. Proceedings on the Accelerated Docket are subject to shorter pleading deadlines and certain other procedural rules that do not apply to other formal complaint proceedings before the Department.

(2) Any party that contemplates filing a formal complaint may submit a request to the Secretary of the Department, in writing, seeking inclusion of its complaint, once filed, on the Accelerated Docket.

(3) Within five days of receiving service of a complaint, any respondent in a formal complaint proceeding may submit to the Secretary of the Department, a request seeking inclusion of the proceeding on the Accelerated Docket. Such a respondent contemporaneously shall transmit, in the same manner, a copy of its request to all parties to the proceeding.

(4) A request for inclusion of a proceeding on the Accelerated Docket must include:

(a) a detailed explanation of the alleged violation;

(b) legal analysis of position (attach copies of any authorities from other jurisdictions cited);

(c) why the action or inaction is unjust or unreasonable;

(d) the business issues presented by the action or inaction;

(e) the financial impact;

(f) the practical and operational effects imposed upon the requesting party;

(g) whether the issues presented are pending in other Department proceedings;

(h) the specific relief requested;

(i) whether the parties tried to informally resolve the dispute; and

(j) all documents supporting the facts alleged by the requesting party.

(5) Following a request for inclusion of the proceeding on the Accelerated Docket, but prior to docketing, Department staff shall schedule and supervise pre-filing informal mediation between the parties to the dispute during the 20 day period following receipt of the request for expedited review. The period of informal mediation shall include the following:

(a) After receipt of the request for inclusion on the Accelerated Docket, Department staff shall convene a conference call with the parties to discuss the issues.

(b) Within three business days of the conference call, parties will produce all relevant documents to the Department and the opposing parties.

(c) Within six business days of the request for inclusion on the Accelerated Docket, the Department will convene a meeting with the parties to discuss the dispute. At this meeting, the Department will, among other things, make an initial assessment whether the dispute is appropriate for expedited review.

(6) If the parties do not resolve their dispute and the matter is accepted for handling on the Accelerated Docket, the complainant shall file a complaint with a letter stating that it has gained admission to the Accelerated Docket. When it files its complaint, such a complainant shall also serve a copy of its complaint on the Department staff that supervised the pre-filing mediation discussions.

Notes

207 CMR, § 15.03

Adopted by Mass Register Issue 1347, eff. 9/8/2017.