This case is about allegations that two affiliates of NYNEX Corporation violated FCC rules by overpaying nonregulated affiliates and passing on the overcharges to ratepayers. There was a Consent Decree without public notice between the FCC and the affiliates, which was challenged by several parties. The FCC denied the petitions, and the appeal concerns the FCC's decisions about the initial scope of the enforcement action, the Consent Decree, and whether the FCC violated the Administrative Procedure Act or its own rules prohibiting ex parte contacts. The court denied the petitions for review, concluding that the FCC's decisions are committed to the agency's nonreviewable discretion.
New York State Department of Law v. Federal Communications Commission (1993)
United States Court of Appeals for the District of Columbia Circuit
299 U.S. App. D.C. 371, 984 F.2d 1209
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