· 11/16/2001
Celtronix Telemetry, Inc. v. Federal Communications Commission
Citations
- 272 F.3d 585
- 348 U.S. App. D.C. 183
- 2001 U.S. App. LEXIS 24553
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that no “vested right” existed for purposes of retroactivity analysis where the prior “system offered no vested right to any specific terms” of a license and the agency “always retained the power to alter the term of existing licenses by rulemaking”
- noting that the arbitrary and capricious standard apples to “secondary retroactivity”—e.g., a new regulation that makes worthless substantial investment incurred in reliance upon the prior rule
- The FCC “always retain[s] the power to alter the term of existing licenses by rulemaking.” (emphasis added)
- “Celtronix never explains where this vested right came from. * * * [I]t is undisputed that the Commission always retained the power to alter the term of existing licenses by rulemaking.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ginsburg, Henderson, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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