®: CRE Regulatory Action of the Week
Court Holds FCC Has to Perform Reg-Flex Act Analysis
The United States Court of Appeals for the District of Columbia Circuit recently held that the Federal Communications Commission violated the Regulatory Flexibility Act by failing to analyze a rule's impact on small businesses. The FCC argued that it didn't have to perform a Reg-Flex Act analysis because the rule was only an interpretative rule exempt from the Act's requirements. The Court rejected this argument and held that the rule was a legislative rule subject to the Act. The case is significant because it allows parties to sue on alleged violations of the Reg-Flex Act.
Click to read opinion.