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Federal Communications Commission—Applicability of the Congressional Review Act to Ligado Amendment to License Modification Applications

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On April 22, 2020, the Federal Communications Commission (FCC) released an order entitled LightSquared Technical Working Group Report, et al. (Ligado Order). The Ligado Order amended Ligado's operating license and permitted Ligado to deploy a nationwide terrestrial network.

The Congressional Review Act (CRA) requires all agency rules to be submitted to Congress and the Comptroller General before they take effect. CRA incorporates the Administrative Procedure Act (APA) definition of a rule for this purpose with certain exclusions. Because the Ligado Order falls within the APA definition of an order and not a rule, the Ligado Order is not a rule for purposes of CRA.

 

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