Report No. CC 97-57 COMMON CARRIER ACTION November 25, 1997 COMMISSION ADOPTS STREAMLINED PROCESS FOR RESOLUTION OF FORMAL COMPLAINTS; REVISED PROCESS WILL PROMOTE COMPETITION BY ENHANCING ENFORCEMENT EFFORTS (CC Docket No. 96-238) The Commission today reformed its procedures for reviewing and resolving formal complaints against telecommunications carriers filed pursuant to Section 208 of the Communications Act of 1934, as amended. These reforms will improve the speed, effectiveness, and efficiency of the Commission's enforcement procedures by encouraging the early exchange of relevant information and improving the quality and content of parties' filings. Adoption of this practical approach to complaint adjudication will foster competition by providing the Commission with the tools for swiftly and vigorously enforcing the Act and the Commission's rules. The Act prescribes deadlines ranging from 90 days to 5 months for resolution by the Commission of certain types of complaints against telecommunications carriers. The procedures adopted today will enable the Commission to meet these new timelines for dispute resolution. In addition, the revised complaint procedures will apply to all formal complaints filed with the Commission in order to further enhance the pro-competitive goals and policies embodied in the Act. Among the key changes adopted today, the Report and Order:  encourages parties to attempt to resolve their disputes informally before formal complaints are filed;  requires parties to include within their complaints and answers complete legal analysis of their claims and documentary support for the facts they are alleging;  requires parties to identify and justify all discovery requests within the first month of a formal complaint proceeding; (over) - 2 -  clarifies the Commission's authority to provide interim, injunctive relief to parties pending a final determination on the merits of a complaint; and  adopts procedures to facilitate the resolution of complex damages issues. Action by the Commission November 25, 1997, by Report and Order (FCC 97-396). Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell and Tristani. -FCC- News media contact: Rochelle Cohen at (202) 418- 0253. Common Carrier Bureau contact: Deena Shetler at (202) 418-7296.