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New York State Department of Law v. FCC

984 F.2d 1209 (1993)

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New York State Department of Law v. FCC

United States Court of Appeals for the District of Columbia Circuit

984 F.2d 1209 (1993)

Facts

The Federal Communications Commission (FCC) (defendant) brought an enforcement action against two affiliates of the NYNEX Corporation (collectively, the NYNEX Telephone Companies, or NTCs). The FCC alleged that the NTCs violated rules that were meant to prevent telephone-service companies from overpaying affiliates and passing the overpayments on to customers. Eight months later, the FCC and NTCs entered into a settlement agreement in which the NTCs agreed to all the FCC’s terms in exchange for the FCC promising to not open further proceedings related to the challenged conduct. The New York State Department of Law (the Department) (plaintiff) petitioned the FCC to reopen its case against the NTCs. The FCC denied the Department’s petition. The Department appealed.

Rule of Law

Issue

Holding and Reasoning (Wald, J.)

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