Docketing a Complaint on the Accelerated Docket

(1) Both (or all) parties to a dispute need not agree to the expedited process; it is sufficient that only one party so elects. (2) In determining whether to admit a proceeding onto the Accelerated Docket, the Department may consider factors from the following, non-exclusive list: (a) Whether it appears that the parties to the dispute have exhausted the reasonable opportunities for settlement. (b) Whether the expedited resolution of a particular dispute or category of disputes appears likely to advance competition in the telecommunications market. (c) Whether the issues in the proceeding appear suited for decision under the constraints of the Accelerated Docket. This factor may entail, inter alia, examination of the number of distinct issues raised in a proceeding, the likely complexity of the necessary discovery, and the likelihood that persons in addition to the complainant and respondent will be substantially and specifically affected by the proceeding. (d) Whether the complainant states a claim for violation of a Department rule or order that falls within the Department's jurisdiction. (e) Whether it appears that inclusion of a proceeding on the Accelerated Docket would be unfair to one party because of an overwhelming disparity in the parties' resources. (f) Such other factors as the Department staff, within its substantial discretion, may deem appropriate and conducive to the prompt and fair adjudication of complaint proceedings. (3) In order to be eligible to file for expedited review, the complainant must certify that the complainant attempted in good faith to resolve the dispute with the respondent for a minimum period of ten days prior to petitioning the Department. (4) If it appears at any time that a proceeding on the Accelerated Docket is no longer appropriate for such treatment, Department staff may remove the matter from the Accelerated Docket either on its own motion or at the request of any party. (5) The Department will determine whether to accept a proceeding on the Accelerated Docket within the 21 day period following the request. If a complaint is accepted onto the Accelerated Docket, notice of the acceptance will be given to the parties and posted on the Department's website.