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· 1/23/2012

City of Arlington v. Federal Communications Commission

Citations

  • 668 F.3d 229
  • 55 Communications Reg. (P&F) 294
  • 2012 WL 171473
  • 2012 U.S. App. LEXIS 1252

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding failure to provide notice and comment was harmless because court was “not aware of a single argument the [plaintiffs] now present to this court that was not considered by the FCC in the agency proceedings below”
  • finding that declaratory ruling by FCC establishing Chargualaf v. Gov’t of Guam Ret. Fund, 2021 Guam 17, Opinion Page 9 of 21 what constituted reasonable time period under Telecommunications Act was “result of adjudication” rather than notice-and-comment rulemaking
  • finding harmless error where the agency showed there was not “a single argument the [plaintiffs] now present . . . that was not considered by the [agency] in the agency proceedings”
  • “[A] party [cannot] rely on her timely intervention with respect to another party’s petition for review to raise matters outside the scope of the other party’s petition.”
  • “The purpose of notice-and-comment rulemaking is to assure fairness and mature consideration of rules having a substantial impact on those reg- ulated.” (quoting United States v. Johnson, 632 F.3d 912, 931 (5th Cir. 2011))
  • “The purpose of notice-and-comment rulemaking is to assure fairness and mature consideration of rules having a substantial impact on those reg- ulated.” (quoting United States v. Johnson, 632 F.3d 912, 931 (5th Cir. 2011))

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Prado, Owen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.