Section 21.33 - Formal Requisites of Pleadings and Documents to be Filed with the Commission(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 §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 in accordance with paragraph (4) of this subsection.(3) The page limitation does not apply to copies of legal authorities provided under 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 under 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 (relating to Filing of Pleadings, Documents and Other Materials), 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. (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 textfile.(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.(7) Any information submitted under claim of confidentiality should not be submitted in electronic format.(i) External storage for digital media. Each document that is submitted to the commission on an external storage device for digital media may be password-protected but must be made accessible to commission staff. In addition to the applicable requirements of subsection (h) of this section, each external storage device for digital media provided to the commission must be accompanied by:(1) a statement indicating the contents of the device'(2) the docket number in which each document on the device is to be filed; and(3) a statement indicating which documents are to be filed confidentially.(j) File format standards. (1) Electronic filings must be made in accordance with the current list of preferred file formats published by the commission's Central Records Division on the commission's website.(2) Electronic filings that are submitted in a format other than that required by paragraph (1) of this subsection will not be accepted until after successful conversion of the file to a commission-approved standard.16 Tex. Admin. Code § 21.33
The provisions of this §21.33 adopted to be effective March 1, 2004, 29 TexReg 1868; Amended by Texas Register, Volume 49, Number 32, August 9, 2024, TexReg 5942, eff. 8/14/2024