[Code of Federal Regulations]

[Title 47, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR76.10]



[Page 556-557]

 

                       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 557]]



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]