Petition Asks D.C. Circuit to Remand Testing Rules for Proper FCC Rulemaking
The FCC violated the Administrative Procedure Act when it amended its rules to incorporate four new equipment testing standards, and did so without the proper notice and comment protocol, alleged iFixit, Public Resource and Make Community in a petition for…
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review Wednesday (23-1311) at the U.S. Court of Appeals for the D.C. Circuit. The FCC didn’t publish the proposed rules in the Federal Register, and they weren’t otherwise “reasonably available for use in commenting on them,” said the petition. The petitioners aren’t asking the court to vacate the rules, only to remand them to the FCC for a new and proper NPRM, it said. The amendments were published as a final order in the Sept. 29 FR and took effect Oct. 30. An FCC spokesperson declined to comment Thursday.