SmartBrief
Confirm favorite deletion?
Administrative Law Keyed to Seamon
American Radio Relay League, Inc. v. Federal Communications Commission
Citation:
524 F.3d 227 (2008)Facts
The FCC initiated a rulemaking process to regulate Access BPL systems, which transmit radio frequency energy over electric power lines in the 1.7-80 MHz spectrum. This frequency range overlaps with bands used by licensed radio operators, including amateur radio operators. The FCC acknowledged that Access BPL systems could potentially interfere with licensed radio operations but concluded that the risk of harmful interference was “low” and could be managed through technical requirements. The final rule required Access BPL operators to comply with emission limits, maintain a nationwide database of operations, and have the capability to reduce power or “notch” frequencies to resolve interference complaints. The FCC retained an existing extrapolation factor of 40 dB per decade for measuring Access BPL emissions below 30 MHz, despite challenges that this factor was inappropriate for the technology. During the rulemaking, the FCC relied on technical studies conducted by its staff but released these studies in redacted form only after the rule was promulgated, claiming the redacted portions contained deliberative process material exempt from disclosure.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.