47 C.F.R. § 1.399

Scope

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This subpart shall be applicable to notice and comment rulemakings proceedings conducted under 5 U.S.C. 553, and shall have no application to formal rulemaking (or rate making) proceedings unless the Commission directs that it shall govern the conduct of a particular proceeding.

[42 FR 25735, May 19, 1977]

Notes of Decisions

Cited in 1 case, 1984–1984 · leading case: Cox Cable New Orleans, Inc. v. City of New Orleans, 594 F. Supp. 1452 (E.D. La. 1984).

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Cox Cable New Orleans, Inc. v. City of New Orleans, 594 F. Supp. 1452 (E.D. La. 1984). · cites it 2× “Additionally, if the Community Cable II case were to have held that basic service retiering were preempted, such a holding would represent a change in policy and would be beyond the Commission’s authority. Under the Administrative Procedure Act, the Commission cannot change…”

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