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American Radio Relay League, Inc. v. F.C.C. | 524 F.3d 227 (2008)

Under the Administrative Procedure Act, or A P A, informal rulemaking involves a notice-and-comment process. In American Radio Relay League versus Federal Communications Commission, we explore the purpose and requirements of that process.

The Communications Act charged the Federal Communications Commission with promulgating rules regarding devices that could interfere with radio communications. Access over Broadband Power Line technologies, or B P L, which provided internet through electrical outlets, transmitted radio-frequency energy that could interfere with radio transmissions. When the Commission decided to regulate B P L, it provided public notice of its proposed rulemaking, stating that it relied in part on five studies in determining the appropriate technical and administrative requirements for the technology.

Believing that the proposed limits were likely insufficient to prevent interference, the American Radio Relay League, an organization of amateur radio operators, requested disclosure of the five studies. The League suspected that information in the studies would help it to credibly criticize the rule during the comment period. But the Commission denied the disclosure request. Upon a second request, the Commission disclosed heavily redacted versions of the studies, but after the comment period closed and the final rule was promulgated.

The League petitioned for review in the District of Columbia Circuit, arguing, among other things, that the Commission violated the A P A’s notice-and-comment requirements by failing to timely and fully disclose the studies.

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