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Following a 45-day public comment period, Levine's options were to repeal, amend or uphold the regulations.
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Finally, the Commissioner seeks to uphold the Regulation on the ground that a common-ownership requirement leads to the assertedly nonsensical result that ownership of only one share could be determinative.
The D.C. Circuit upheld the regulations, prompting industry groups to escalate the case to the Supreme Court.
The government's brief, filed in the closing hours of the Clinton administration, asks the court to leave undisturbed a lower-court ruling upholding the regulations.
In upholding the regulations, the First Circuit used an approach to commercial speech that the Supreme Court set out in a 1980 decision, Central Hudson Gas & Electric Corp. v. Public Service Commission.
In that lawsuit, a three-judge panel upheld the regulations, giving the FCC the benefit of the doubt in part due to its technical expertise.
In 2016, he was the only judge who dissented — although that was only to part of the ruling — to the decision that upheld the regulations.
This time, the agency won handily, with a three-judge panel in 2016 upholding the regulations in light of the edits.
The three-judge court unanimously upheld the regulations last month, but last week it granted a request from the American Hospital Association that the rules be suspended while an appeal is prepared.
Monday's decision by the U.S. Court of Appeals for the D.C. Circuit allows its previous ruling upholding the regulations to stand — and paves the way for opponents of the rules to appeal to the Supreme Court.
But a federal appeals court upheld the regulations last year.
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CEO of Professional Science Editing for Scientists @ prosciediting.com