| (a) Applicability. This section applies to all pleadings
as defined in §21.3 of this title (relating to Definitions) and
the following documents:
(1) Letters or memoranda relating to any item with
a control number;
(2) Reports required under commission rules or requested
by the commission;
(3) Discovery requests; and
(4) Decision Point List (DPL) filings.
(b) Requirements of form.
(1) Style.
(A) All requests for dispute resolution or arbitration
must be styled as follows: Petition of {Party} for {Compulsory Arbitration
or Post-Interconnection Dispute Resolution} with {Party} under FTA
relating to {concise description of major issue}. All responses to
requests for dispute resolution or arbitration must be styled as follows:
Response of {Party} to Petition of {Party} for {Compulsory Arbitration
or Post-Interconnection Dispute Resolution} under FTA relating to
{concise description of major issues}.
(B) Requests for dispute resolution pursuant to §21.131
of this title (relating to Request for Expedited Ruling) and §21.133
of this title (relating to Request for Interim Ruling Pending Dispute
Resolution) must also include such specific requests, as appropriate,
in the pleading style, as follows: Petition of {Party} for {Compulsory
Arbitration or Post-Interconnection Dispute Resolution} and Request
for {Expedited Ruling or Request for Interim Ruling} with {Party}
under FTA relating to {concise description of major issues}.
(2) Unless otherwise authorized or required by the
presiding officer or this chapter, documents must:
(A) include the style and control number of the docket
or project in which they are submitted, if available;
(B) identify by heading the nature of the document
submitted and the name of the party submitting the same; and
(C) be signed by the party or the party's representative.
(3) Whenever possible, all documents should be provided
on 8.5 by 11 inch paper. However, any log, graph, map, drawing, or
chart submitted as part of a filing will be accepted on paper larger
than provided in subsection (g) of this section, if it cannot be provided
legibly on letter-size paper. The document must be able to be folded
to a size no larger than 8.5 by 11 inches. Documents that cannot be
folded may not be accepted.
(c) Format. Any filing with the commission, other than
the DPL, must:
(1) have double-spaced or one and one-half times spaced
print with left margins not less than one inch wide, except that any
letter may be single-spaced;
(2) indent and single-space any quotation of 50 words
or more in block quote format; and
(3) be printed or formatted in not less than 12-point
type for text and 10-point type for footnotes.
(d) Citation.
(1) Form. Any party filing with the commission should
endeavor to comply with the rules of citation set forth, in the following
order of preference, by: the commission's "Citation Guide;" the most
current edition of the "Texas Rules of Form," published by the University
of Texas Law Review Association (for Texas authorities); and the most
current edition of "A Uniform System of Citation," published by The
Harvard Law Review Association (for all other authorities). Neither
Rule 1.1 of the Uniform System nor the comparable portion of the "Texas
Rules of Form" are applicable in proceedings.
(2) Copies. When a party cites to authority other than
PURA and other Texas state statutes, commission rules, reported Texas
cases, an FCC decision, the United States Code, the Texas Administrative
Code, the Code of Federal Regulations, or a document on file with
the commission, such party must provide a copy of the cited authority
to the presiding officer and all parties of record. Copies of authority
may be provided to the presiding officer and all parties of record
electronically.
(e) Signature. Every pleading and document must be
signed by the party or the party's authorized representative, and
must include the party's address, telephone number, facsimile number,
and email address. If the person signing the pleading or document
is an attorney licensed in Texas, the attorney's State bar number
must be provided.
(f) Page limits. Unless otherwise authorized by the
presiding officer, page limits must be in accordance with the following
standards:
(1) With the exception of DPLs and discovery responses,
no pleading or brief relating to interconnection agreements may exceed
50 pages, excluding exhibits.
(2) Prefiled direct testimony must not exceed 75 pages
in length per witness, excluding exhibits or attachments. A party
may request the presiding officer to establish a larger page limit
and must provide support on relevant factors pursuant to paragraph
(4) of this subsection.
(3) The page limitation does not apply to copies of
legal authorities provided pursuant to subsection (d)(2) of this section.
(4) A presiding officer may establish a larger or smaller
page limit. In establishing parties' page limits, the presiding officer
will consider such factors as which party has the burden of proof,
the number of parties opposing a party's position, alignment of parties,
the number and complexity of issues, the number of witnesses per party,
and demonstrated need.
(g) Hard copy filing standards. Hard copies of each
document may be filed with the commission in accordance with the requirements
set forth in paragraphs (1)-(4) of this subsection.
(1) Each document must be typed or printed on paper
measuring 8.5 by 11 inches. Oversized documents being filed on larger
paper pursuant to subsection (b)(3) of this section must be filed
as separate referenced attachments. Except for responses to discovery,
each document must consist of the same paper size.
(2) A copy of each document must be filed without bindings,
staples, tabs, or separators.
(A) This copy must be printed on both sides of the
paper or, if it cannot be printed on both sides of the paper, every
page of the copy must be single sided.
(B) All pages of the copy filed under this paragraph,
starting with the first page of the table of contents, must be consecutively
numbered through the last page of the document, including attachments,
if any.
(3) For documents for which an electronic filing is
required, all non-native figures, illustrations, or objects must be
filed as referenced attachments. Non-native figures, illustrations,
or objects must not be embedded in the text of the document. "Non-native
figures" means tables, graphs, charts, spreadsheets, illustrations,
drawings and other objects which are not electronically integrated
into the text portions of a document.
(4) Unless otherwise provided by §21.31 of this
title, this section, or the applicable commission rule under this
title, all documents and copies must be printed on both sides of the
paper.
(h) Electronic filing standards. Any document may be
filed, and all documents containing more than ten pages must be filed,
electronically in accordance with the requirements of paragraphs (1)-(7)
of this subsection. Electronic filings are registered by submission
of the relevant electronic documents via external storage for digital
media or the internet, in accordance with transfer standards available
in the commission's central records office or on the commission's
website, and, as applicable, the submission of the required number
of copies to the commission under the provisions of this section and §21.31
of this title (relating to Filing of Pleadings, Documents and Other
Materials).
(1) All non-native figures, illustrations, or objects
must be filed as referenced attachments. No non-native figures, illustrations,
or objects may be imbedded in the text of the document. "Non-native
figures" means tables, graphs, charts, spreadsheets, illustrations,
drawings and other objects which are not electronically integrated
into the text portions of a document.
(2) Oversized documents must not be filed in electronic
media, but must be filed as referenced attachments.
(3) Each document that has five or more headings or
subheadings must have a table of contents that lists the major sections
of the document, the page numbers for each major section and the name
of the electronic file that contains each major section of the document.
Discovery responses are exempt from the requirements of this paragraph.
(4) Each document must have a list of file names that
are included in the filing and must be referenced in a text file.
(5) The table of contents and list of file names must
be placed at the beginning of the document.
(6) Each external storage device for digital media
must be labeled with the control number, if known, and the name of
the person submitting the document.
Cont'd... |
