Federal Communications Commission Oversight Hearing: Hearing Before the Committee on Commerce, Science, and Transportation, United States Senate, One Hundred Sixth Congress, First Session, May 26, 1999

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Page 54 - Act over or by means of such additional or extended line of railroad, unless and until there shall first have been obtained from the Commission a certificate that the present or future public convenience and necessity require or will require the construction, or operation, or construction and operation, of such additional or extended line...
Page 57 - A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial relief thereof.
Page 55 - Applications For Consent to the Transfer of Control of Licenses and Section 214 Authorizations from Telecommunications, Inc., Transferor to AT&T Corp., Transferee, CS Docket No. 98178, Memorandum Opinion and Order, 14 FCC Red 3160 (1999); Application of WorldCom, Inc.
Page 32 - Matter of 2002 Biennial Regulatory Review Review of the Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of The Telecommunications Act of 1996...
Page 30 - Computer III Further Remand Proceedings: Bell Operating Company Provision of Enhanced Services: 1998 Biennial Regulatory Review — Review of Computer III and ONA Safeguards and Requirements. CC Dkt Nos.
Page 54 - ... any rights thereunder, shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation holding such permit or license, to any person except upon application to the Commission and upon finding by the Commission that the public interest, convenience, and necessity will be served thereby.
Page 13 - The agenda for this year continues on the foundation laid last year — competition, community, common sense. We have a lot of work to do, and we have the will to do it well. • We will promote competition in all sectors of the marketplace. We will reform access charges, and ensure that proposed mergers are pro-competitive and benefit consumers. • We will continue to deregulate as competition develops, eliminating any unnecessary regulatory burdens, reducing reporting requirements, streamlining...
Page 58 - |w]here . . . statutory language and an existing agency interpretation involve an unconstitutional delegation of power, but an interpretation without the constitutional weakness is or may be available, our response is not to strike down the statute but to give the agency an opportunity to extract a determinate standard on its town.
Page 30 - ... Personal Communications Services; 1998 Biennial Regulatory Review — Elimination or Streamlining of Unnecessary and Obsolete CMRS Regulations; Forbearance from Applying Provisions of the Communications Act to Wireless Telecommunications Carriers, WT Dkt No. 98-100, NPRM, FCC 98-134 (rel. July 2, 1998). Provide for a blanket section 214 authorization for international service to destinations where the carrier has no affiliate; eliminate prior review of pro forma transfers of control and assignments...
Page 55 - ... of the merger, reflects how far the Commission has strayed from the provisions of the Act. The exercise of power not authorized in the Communications Act is not just an independent wrong: it also creates a violation of the Administrative Procedure Act. As the members of this Subcommittee well know, the APA requires a reviewing court to "hold unlawful and set aside agency action" that is "in excess of statutory jurisdiction, authority, or limitations.

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