Turro v. F.C.C

4 Citing cases

  1. Bellsouth Corporation v. Fed. Com. Comm

    162 F.3d 1215 (D.C. Cir. 1999)   Cited 53 times
    In BellSouth Corp. v. FCC, 162 F.3d 1215, 1221 (D.C. Cir. 1999), the court observed that "[w]hen... an agency is obliged to make policy judgments where no factual certainties exist or where facts alone do not provide the answer, [the reviewing court's] role is more limited; we require only that the agency so state and go on to identify the considerations it found persuasive."

    Challenging the denial of a waiver is likewise not an easy task because an applicant for waiver bears the heavy burden on appeal to show that "the Commission's reasons for declining to grant the waiver were so insubstantial as to render that denial an abuse of discretion." Turro v. FCC, 859 F.2d 1498, 1499 (D.C. Cir. 1988); see also Thomas Radio Co. v. FCC, 716 F.2d 921, 924 (D.C. Cir. 1983). B.

  2. Metro-Goldwyn-Mayer Studios, Inc. v. Peters

    No. CIV.A. 03-0179(RMC) (D.D.C. Mar. 24, 2004)   Cited 2 times

    "`[S]trict adherence to a general rule may be justified . . . even if it appears to result in some hardship in individual cases.'" BellSouth Corp. v. FCC, 162 F.3d 1215, 1225 (D.C. Cir. 1999) (quoting Turro v. FCC, 859 F.2d 1498, 1500 (D.C. Cir. 1988)). MGM also relies on Gulf Power Co. v. FERC, 983 F.2d 1095 (D.C. Cir. 1993), as support for its argument that the Register is imposing a harsh penalty.

  3. Universal Studios LLLP v. Peters

    308 F. Supp. 2d 1 (D.D.C. 2004)   Cited 1 times

    '" [S]trict adherence to a general rule may be justified . . . even if it appears to result in some hardship in individual cases.'" BellSouth Corp. v. FCC, 162 F.3d 1215, 1225 (D.C. Cir. 1999) (quoting Turro v. FCC, 859 F.2d 1498, 1500 (D.C. Cir. 1988)). Universal also argues that the Register's decision to deny Universal a waiver is not supported by substantial evidence, and therefore violates the APA. "[A]n agency's refusal to grant a waiver will not be overturned unless the agency's reasons are `so insubstantial as to render that denial an abuse of discretion.'"

  4. New York State Bar Association v. Federal Trade Comm'n

    276 F. Supp. 2d 110 (D.D.C. 2003)   Cited 23 times
    Concluding that an agency's interpretation was "beyond the `Chevron pale,'" due to the agency's "total lack of a deliberative process"; emphasizing that "the vagueness of the Opinion Letter reflects a complete lack of any thoughtful deliberations"

    The `strict adherence to a general rule may be justified by the gain in certainty and administrative ease, even if it appears to result in some hardship in individual cases.'Id. at 1225 (quoting Turro v. FCC, 859 F.2d 1498, 1500 (D.C. Cir. 1988)). And, the requestor of a waiver "assumes a `heavy' burden because `an agency's refusal to grant a waiver will not be overturned unless the agency's reasons are so insubstantial as to render that denial an abuse of discretion.'"