Sie befinden Sich nicht im Netzwerk der Universität Paderborn. Der Zugriff auf elektronische Ressourcen ist gegebenenfalls nur via VPN oder Shibboleth (DFN-AAI) möglich. mehr Informationen...
Two Supreme Court decisions in the last session allowing stakeholders to raise constitutional challenges to regulatory agencies enforcement structures and procedures in the courts while an agency action is pending, and a separate case on which the Supreme Court has not yet ruled that raises multiple questions about whether regulatory agencies administrative processes could leave the FCC especially vulnerable to collateral challenges, according to a white paper prepared by Wiley Rein LLP partner Thomas M. Johnson Jr. for CTIA, in which he recommends reforms that could help address those vulnerabilities. Regarding LOIs, the white paper suggests that the FCC "require, absent some exceptional reason, that an LOI be tethered to specific conduct and include information describing the alleged violations being investigated, the relevant law, evidence that led the agency to issue the LOI, and the potential penalties if it finds the party liable"; "adopt a rule that curtails the scope of discovery EB can seek without the approval of the Commission itself or an ALJ"; and "for broad LOIs that are not premised on any specific conduct by the investigation's target, the Commission could adopt rules that would establish more reasonable timeframes to respond to the request" and "procedures through which parties may request extensions of time for good cause." For notices of apparent liability (NALs), the white paper suggests that the FCC "consider a rule allowing for a non-public process akin to the post-Wells-Notice process used by the SEC," or Securities and Exchange Commission, and establish "clear internal policies that NALs and consent decrees cannot serve as precedent."