Intervenors in Junk Fax Rule Appeal Seek Rehearing En Banc
The U.S. Court of Appeals for the D.C. Circuit's decision overturning the FCC's junk fax rule (see 1703310018) "radically conflicts with decades of the Supreme Court's and this Court's Chevron step one precedent," a group of intervenors said in a…
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petition (in Pacer) for rehearing en banc filed Friday with the court. The 2-1 decision was wrong in saying the FCC didn't have authority to issue a rule requiring senders of junk faxes to include notices on those faxed advertisements of how recipients can opt out, the intervenors said. The court's reasoning ignores the general conferral of rulemaking authority Congress gave the FCC through the Telephone Consumer Protection Act, the intervenors said. They also said the court's relying on the idea that a statute with a requirement in one specific situation is intended to preclude an agency from imposing that requirement in other situations ignores court precedent.