Legal professionals need to understand what is required of administrative agencies when making
decisions and engaging in informal rule making. Notice and comment rulemaking is an important
part of the rulemaking procedure. Unfortunately, sometimes agencies do not follow the rules that
have been established. In this assignment you are going to examine how one city made a
decision. Sometimes you may have to look at the technical aspects of the decision process to
make sure that interested parties had the opportunity to engage in the process and have their
voice heard.
INSTRUCTIONS
Potomac, the operator of a cable television system by virtue of a non-exclusive franchise granted
by the City in 1995, is suing the City. In its complaint, Potomac alleges that the City is now
offering cable television services directly to city residents via a fiber-optic cable network that the
City has constructed.
Potomac asserts that the City’s operation of the cable television system is unlawful because the
city council’s decision to start its own cable service was made in a meeting closed to the public
in an executive session and that it should have been decided and voted on by the City Council in
a public meeting.
In your first short answer for this assignment, based on the informal rule making procedures
described as “notice and comment,” explain whether or not Potomac will win its lawsuit. Then,
in your second short answer, explain the 3 separate concerns to keep in mind with “notice and
comment” rulemaking.
Make sure each short answer is:
250 to 400 words in length.
Demonstrates course-related knowledge
Double-spaced, Times New Roman, 12-point font.
Follows the Bluebook in-text citation method.
Cites the course textbook where appropriate.
Make sure to review the grading rubric for this assignment. Do not hesitate to ask your instructor
questions.
Note: Your assignment will be checked for originality via the Turnitin plagiarism tool.
