Lawyers for the American Cable Association met with aides to...
Lawyers for the American Cable Association met with aides to FCC Commissioners Ajit Pai and Jessica Rosenworcel last week to discuss FCC program access rules, ex parte notices show (http://xrl.us/bnodxd, http://xrl.us/bnodxj). Among other issues, the ACA said the FCC provided…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
enough public notice in its proposed rulemaking to revise some of its program access rules beyond exclusive contract ban. “It is well settled that the APA [Administrative Procedure Act] ‘does not require a precise notice of each aspect of the regulations eventually adopted,’ and that an agency’s notice is adequate ‘as long as it affords interested parties a reasonable opportunity to participate in the rulemaking process,” the ACA lawyers said during these meetings, according to the ex parte notice. “In sum, ACA expressed its belief that notice was adequate for the Commission to move forward at this time and revise its rules as proposed by ACA concerning both buying groups and uniform price increases,” it said. But if the FCC reaches an opposite conclusion, it should quickly release a further notice of proposed rulemaking and set up a quick comment cycle, the ex parte notice said.