---
kind: "range"
citation: "47 C.F.R. §§ 1.372–1.374"
title: "47"
from: "1.372"
to: "1.374"
count: 3
url: "https://uscodex.org/cfr/47/1.372..1.374"
---

# §1.372. The affirmative case.

- (a) Within 30 days after the completion of the discovery period as determined by the presiding officer, unless otherwise directed by the presiding officer, any party to the proceeding with the burden of proof shall file a pleading entitled “affirmative case” that fully addresses each of the issues designated for hearing. The affirmative case submission shall include:
  - (1) A statement of relevant material facts, supported by sworn statements based on personal knowledge, documentation, or by other materials subject to consideration by the presiding officer, and a full legal analysis of each of the issues designated for hearing;
  - (2) Citation to relevant sections of the Communications Act or Commission regulations or orders; and
  - (3) **The relief sought.**
- (b) The affirmative case submission shall address all factual and legal questions designated for hearing, and state in detail the basis for the response to each such question. Responses based on information and belief are prohibited unless made in good faith and accompanied by a declaration or affidavit explaining the basis for the party's belief and why the party could not reasonably ascertain the facts. When a party intends in good faith to deny only part of a designated question in the affirmative case, that party shall specify so much of it as is true and shall deny only the remainder.
- (c) Failure to address in an affirmative case submission all factual and legal questions designated for hearing may result in inferences adverse to the filing party.

# §1.373. The responsive case.

- (a) Any other party may file a responsive case submission in the manner prescribed under this section within 30 calendar days of the filing of the affirmative case submission, unless otherwise directed by the presiding officer. The responsive case submission shall include:
  - (1) A statement of relevant material facts, supported by sworn statements based on personal knowledge, documentation, or by other materials subject to consideration by the presiding officer, and a full legal analysis of any issues designated for hearing.
  - (2) Citation to relevant sections of the Communications Act or Commission regulations or orders; and
  - (3) **Any relief sought.**
- (b) The responsive case submission shall respond specifically to all material allegations made in the affirmative case submission. Every effort shall be made to narrow the issues for resolution by the presiding officer.
- (c) Statements of fact or law in an affirmative case filed pursuant to [§ 1.372](/cfr/47/1.372.md) are deemed admitted when not rebutted in a responsive case submission.

# §1.374. The reply case.

- (a) Any party who filed an affirmative case may file and serve a reply case submission within 15 days of the filing of any responsive case submission, unless otherwise directed by the presiding officer.
- (b) The reply case submission shall contain statements of relevant material facts, supported by sworn statements based on personal knowledge, documentation, or by other materials subject to consideration by the presiding officer, and a full legal analysis that responds only to the factual allegations and legal arguments made in any responsive case. Other allegations or arguments will not be considered by the presiding officer.
- (c) Failure to submit a reply case submission shall not be deemed an admission of any allegations contained in any responsive case.