[Code of Federal Regulations]
[Title 47, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR76.10]

[Page 584-585]
 
                       TITLE 47--TELECOMMUNICATION
 
                    CHAPTER I--FEDERAL COMMUNICATIONS
                         COMMISSION (CONTINUED)
 
PART 76_MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE--Table of Contents
 
                            Subpart A_General
 
Sec. 76.10  Review.

    (a) Interlocutory review. (1) Except as provided below, no party may 
seek review of interlocutory rulings until a decision on the merits has 
been issued by the staff or administrative law judge.
    (2) Rulings listed in this paragraph are reviewable as a matter of 
right. An application for review of such ruling may not be deferred and 
raised as an exception to a decision on the merits.
    (i) If the staff's ruling denies or terminates the right of any 
person to participate as a party to the proceeding, such person, as a 
matter of right, may file an application for review of that ruling.
    (ii) If the staff's ruling requires production of documents or other 
written evidence, over objection based on a claim of privilege, the 
ruling on the claim of privilege is reviewable as a matter of right.
    (iii) If the staff's ruling denies a motion to disqualify a staff 
person from participating in the proceeding, the ruling is reviewable as 
a matter of right.
    (b) Petitions for reconsideration. Petitions for reconsideration of 
interlocutory actions by the Commission's staff or by an administrative 
law judge will not be entertained. Petitions for reconsideration of a 
decision on the merits made by the Commission's staff should be filed in 
accordance with Sec. Sec. 1.104 through 1.106 of this chapter.
    (c) Application for review. (1) Any party to a part 76 proceeding 
aggrieved by any decision on the merits issued by the staff pursuant to 
delegated authority may file an application for review by the Commission 
in accordance with Sec. 1.115 of this chapter.
    (2) Any party to a part 76 proceeding aggrieved by any decision on 
the merits by an administrative law judge may file an appeal of the 
decision directly with the Commission, in accordance with Sec. Sec. 
1.276(a) and 1.277(a) through (c) of this chapter, except that in 
proceedings brought pursuant to Sec. Sec. 76.1003,

[[Page 585]]

76.1302, and 76.1513 of this part, unless a stay is granted by the 
Commission, the decision by the administrative law judge will become 
effective upon release and will remain in effect pending appeal.

[64 FR 6571, Feb. 10, 1999]