(a) Final actions following review of an initial decision. (1) Final decisions of a commissioner, or panel of commissioners following review of an initial decision shall be effective 40 days after public release of the full text of such final decision.
(2) If a petition for reconsideration of such final decision is filed, the effect of the decision is stayed until 40 days after release of the final order disposing of the petition.
(3) If an application for review of such final decision is filed, or if the Commission on its own motion orders the record of the proceeding before it for review, the effect of the decision is stayed until the Commission's review of the proceeding has been completed.
(b) Non-hearing and interlocutory actions. (1) Non-hearing or interlocutory actions taken pursuant to delegated authority shall, unless otherwise ordered by the designated authority, be effective upon release of the document containing the full text of such action, or in the event such a document is not released, upon release of a public notice announcing the action in question.
(2) If a petition for reconsideration of a non-hearing action is filed, the designated authority may in its discretion stay the effect of its action pending disposition of the petition for reconsideration. Petitions for reconsideration of interlocutory actions will not be entertained.
(3) If an application for review of a non-hearing or interlocutory action is filed, or if the Commission reviews the action on its own motion, the Commission may in its discretion stay the effect of any such action until its review of the matters at issue has been completed.
[28 FR 12415, Nov. 22, 1963, as amended at 62 FR 4170, Jan. 29, 1997]
Notes of Decisions
Microwave Commc'ns, Inc. v. Fed. Commc'ns Comm'n, 515 F.2d 385 (D.C. Cir. 1974).
· cites it 2× “Here we deal with the Commission’s interpretation of the words “public notice” after Congress wrote them into § 405 — an administrative construction of language of the current statute which is crucial to the jurisdiction of this case.”
Indep. Payphone Ass'n of New York, Inc. v. Pub. Serv. Comm'n, 5 A.D.3d 960 (N.Y. App. Div. 2004).
“Moreover, at the time the PSC was considering Verizon’s rates, the Wisconsin order was on appeal to the Federal Communications Commission and its terms were automatically stayed (see 47 USC § 155 [c] [3], [4]; 47 CFR 1.102 [a] [3]). Accordingly, the order could not be and…”
IN Bell Tele Co v. McCarty, William D., 362 F.3d 378 (7th Cir. 2004).
“47 C.F.R. § 1.102 (b) (stating that non-hearing actions such as the Virginia Arbitration Order are effective upon release and are not stayed pending a petition for reconsideration by the FCC, except in limited circumstances not present here).”
True Health Chiropractic Inc v. McKesson Corp. (N.D. Cal. 2020).
· cites it 3× “” 47 CFR § 1.102 (b)(1). Parties may apply for review of these decisions, 21 but the decisions remain in effect unless the FCC, “in its discretion,” issues a stay pending review.”
Career Counseling, Inc. v. Amerifactors Fin. Grp., LLC (D.S.C. 2021).
· cites it 2× “” 47 C.F.R. § 1.102 (2). Even though the FCC has the authority to stay the CGAB’s ruling, it has not yet done so and neither has Career Counseling specifically requested a stay on the ruling while the appeal is being processed.”
True Health Chiropractic, Inc. v. McKesson Corp. (9th Cir. 2023).
“2021) (explaining that “when an agency’s adjudicatory decisions apply 1 That there is a pending application for review of Amerifactors by the full Commission does not change this analysis.”
Career Counseling, Inc. v. Amerifactors Fin. Grp., LLC (D.S.C. 2022).
“) This argument is not persuasive because the FCC could have stayed the Akin Gump Ruling under 47 C.F.R. § 1.102 (2), but has not, and the CGAB expressly states that the Akin Gump Ruling is a clarification consistent with existing FCC rules and precedent “that a fax broadcaster…”
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