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eBook details

• Title: Schurz Communications, Inc. v. United States
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 07, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

POSNER, Circuit Judge. Last month we vacated the FCCs new financial interest and syndication rules but stayed our order to consider a perplexing remedial question, ignored by all but one of the parties, arising from the form of the Commissions order that we were vacating. Schurz Communications, Inc. v. FCC, 982 F.2d 1043, slip op. at 22 (7th Cir. 1992). The Commissions order had done two things: repealed the 1970 "finsyn" rules, and promulgated new rules. If we simply vacated the order, because the new rules were (as we had found) arbitrary and capricious, the effect would be to vacate also the part of the order repealing the 1970 rules. Those rules would spring back into effect. Yet no party to the proceeding in this court had defended the old rules (we thought one had, but were wrong). Such an order would therefore make everyone worse off during the period in which the Commission was deciding what to do in response to our decision. We therefore asked the parties to file supplemental briefs advising us as to the best course to follow in this unusual situation. The briefs have now been filed, and, no party having requested oral argument, we proceed to decision.

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